Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Company (Commission decision, December 12, 1985)

Plain-English summary

Youghiogheny & Ohio Coal Company sought Commission review of a finding that its violation of the weekly examination rule was significant and substantial, and of a $750 penalty. The company argued that the judge had not adequately explained the penalty. The Commission remanded the case for findings on each of the six statutory penalty factors in 30 U.S.C. § 820(i). It suspended the briefing schedule and said the company could seek review again after the judge's supplemental decision. This order did not decide the company's significant and substantial challenge.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.305, weekly examinations for hazardous conditions; penalty factors under 30 U.S.C. § 820(i).
• Outcome: Remanded for findings supporting the $750 penalty assessment; further review remained available after the supplemental decision.
• Key point: The judge had to address each statutory penalty factor before the Commission would proceed with review.

Full text (FMSHRC public release)

CCASE:
MSHA V. YOUGHIOGHENY & OHIO COAL
DDATE:
19851212
TTEXT:
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, D.C. 20006 December 12, 1985 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

v. Docket No. LAKE 85-90

YOUGHIOGHENY & OHIO COAL
COMPANY

ORDER
On December 4, 1985, the Commission granted a petition for discretionary review filed by the Youghiogheny & Ohio Coal Company ("Y&0") in this case. In the petition for review, Y&0 challenged the administrative law judge's finding that a violation of 30 C.F.R. • 75.305 ("weekly examinations for hazardous conditions") was "significant and substantial" as that term is used in section 104(d)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
 814(d)(1) (1982). Y&0 also challenged the judge's assessment of
$750 penalty for the violation of section 75.305, arguing that the penalty is excessive and that the judge failed to explain sufficiently the basis for his penalty assessment. In directing review of this case, we suspended the parties' briefing schedule. Upon further consideration, we remand this proceeding so that the judge may enter the necessary findings as to each of the six statutory penalty criteria supporting his $750 penalty assessment. 30 U.S.C. • 820(i). Cf. Sellersburg Stone Co., 5 FMSHRC 287 (March 1983), aff'd, 736 F.2d 1147 (7th Cir. 1984). Following the judge's supplemental decision on remand, Y&0 may again seek Commission review on any issues as to which it remains aggrieved in accordance with the provisions of section 113 of the Mine Act. 30 U.S.C. 823.
~2014
Distribution
Robert C. Kota, Esq.
Youghiogheny & Ohio Coal Company
P.0. Box 1000
St. Clairsville, Ohio 43950
Ann Rosenthal, Esq.
U.S. Department of Labor
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Administrative Law Judge Gary Melick
Federal Mine Safety & Health Review Commission 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041