Youghiogheny and Ohio Coal Company v. Secretary of Labor (ALJ decision, June 18, 1986)

Plain-English summary

Youghiogheny and Ohio Coal Company and the Secretary sought to settle a contest and civil penalty case concerning an order at the Nelms No. 2 Mine. Judge Joseph B. Kennedy had previously required them to increase the proposed settlement from $150 to $250 because he believed a failure to install new bolts increased the violation's gravity and negligence. After reviewing the Secretary's submissions, he found that MSHA did not claim the failure to abate changed the violation from non-significant and substantial to significant and substantial. He vacated his earlier order and approved the parties' $150 settlement. The case would be dismissed after payment, and the scheduled hearing was canceled.

Decision snapshot

• Cited standard: No specific safety standard is identified in this settlement decision.
• Outcome: Earlier order vacated; $150 settlement approved, with dismissal conditioned on payment.
• Key point: The judge accepted the lower settlement after reconsidering MSHA's position on the violation's classification.

Full text (FMSHRC public release)

CCASE:
YOUGHIOGHENY & OHIO COAL V. SOL (MSHA)
DDATE:
19860618
TTEXT:
~975

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

YOUGHIOGHENY AND OHIO COAL
CONTEST PROCEEDING
COMPANY,
CONTESTANT
Docket No. LAKE 86-4-R
Order No. 2495235; 9/10/85 v.
Nelms No. 2 Mine
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 86-26
PETITIONER
A.C. No. 33-00968-03621

v. Nelms No. 2 Mine

YOUGHIOGHENY AND OHIO COAL
COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

When the parties' motions to withdraw and approve settlement were before me in February, I denied them unless the amount of the settlement proposed was increased from $150 to $250. This was based on my belief that the operator's alleged failure to install new bolts to abate the condition cited measurably increased the negligence and gravity of the violation. A review of the Secretary's prehearing submissions, however, shows that MSHA is not claiming that the failure to abate properly changed the character of the violation from that of non-S & S to that of significant and substantial.

The premises considered, therefore, it is ORDERED that the order of February 28, 1986 be, and hereby is, VACATED and the parties motions to withdraw and settle this matter by payment of a penalty of $150 be, and hereby are, APPROVED.

It is FURTHER ORDERED that the operator pay the amount of the settlement agreed upon, $150, on or before Friday, July 6, 1986 and that subject to payment the captioned matter be DISMISSED. Finally, it is ORDERED that the hearing scheduled for Thursday, June 26, 1986 be, and hereby is, CANCELLED.

Joseph B. Kennedy
Administrative Law Judge