Zeigler Coal Company (ALJ decision, December 29, 1988)

Plain-English summary

MSHA brought a civil penalty case against Zeigler Coal Company over Citation No. 3042299 at the Spartan Mine. After the inspector testified, the parties proposed reducing the negligence finding from high to low, withdrawing the unwarrantable-failure allegation, and reducing the proposed penalty from $1,000 to $250. Judge Roy J. Maurer approved the settlement, modified the citation to one issued under section 104(a) of the Mine Act, and ordered Zeigler to pay $250.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 814(a), 815(d), and 820(i)
• Outcome: The settlement was approved, the citation was modified, and the penalty was reduced to $250.
• Key point: The judge accepted a settlement that reduced the negligence characterization, withdrew unwarrantable failure, and cut the penalty.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ZEIGLER COAL CO.
DDATE:
19881229
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 88-89
PETITIONER
A.C. No. 11-00612-03534
v.
Spartan Mine
ZEIGLER COAL COMPANY,
RESPONDENT

DECISION

Appearances: Miguel J. Carmona, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, IL; for the Petitioner
Brent Motchan, Esq., Zeigler Coal Company, Fairview Heights, IL, for the Respondent.

Before: Judge Maurer

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., (the Act).

Pursuant to notice, a hearing on the merits was held in St.
Louis, Missouri, on October 7, 1988. At the conclusion of the reporting inspector's testimony, the parties proposed a settlement of the case. Based on the testimony adduced in the record, the petitioner proposed reducing the charged negligence from "high" to "low", withdrawing the "unwarrantable failure" contention and reducing the proposed penalty from $1000 to $250. I have considered the representations and documentation submitted in this case as well as the record of trial and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, Citation No. 3042299 is hereby modified to one issued under Section 104(a) of the Act, and it is ORDERED that respondent pay a penalty of $250 within 30 days of this order.

Roy J. Maurer
Administrative Law Judge