Zeigler Coal Company (ALJ decision, July 22, 1993)

Plain-English summary

Zeigler Coal Company had previously been found to have violated 30 C.F.R. § 75.507 at its Murdock Mine. The Commission later affirmed the violation, vacated the significant-and-substantial finding, and remanded for further analysis. On remand, Judge George A. Koutras approved the parties' settlement, which affirmed the citation as significant and substantial and set the civil penalty at $275. The order required payment within 30 days and dismissal after payment.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.507
• Outcome: The remand settlement was approved, the citation was affirmed as significant and substantial, and a $275 civil penalty was assessed.
• Key point: The remand proceeding resolved the previously vacated S&S issue through an approved settlement.

Full text (FMSHRC public release)

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. LAKE 91-636
Petitioner : A.C. No. 11-00586-03654
v. :
: Murdock Mine
ZEIGLER COAL COMPANY, :
Respondent :

REMAND DECISION APPROVING SETTLEMENT

Before: Judge Koutras

Statement of the Case

On February 12, 1992, I issued a decision in this case affirming a violation of mandatory safety standard 30 C.F.R. 75.507, as a significant and substantial (S&S) violation 14 FMSHRC 304 (February 1992). The respondent appealed my decision, and on June 22, 1993, the Commission issued its decision affirming my finding of a violation of section 75.507. However, the Commission vacated my determination that the violation was S&S and remanded the matter to me for further findings and analysis consistent with its opinion.

Discussion

Subsequent to the remand of this case, the petitioner filed a motion for my approval of a proposed settlement of the matter. The petitioner's trial counsel states that after further discussion the parties have agreed that the citation in question should be affirmed as a section 104(a) "S&S" violation with a penalty of $275 in accordance with my February 12, 1992, decision.

Conclusion

After due consideration of the motion, and pursuant to Commission Rule 31, 29 C.F.R. 2700.31, the motion IS GRANTED, and the proposed settlement disposition of this matter IS APPROVED.

ORDER

The respondent IS ORDERED to pay a civil penalty assessment of $275, for the violation which has been affirmed. Payment is to be made to the petitioner within thirty (30) days of the date of this decision and order, and upon receipt of payment, this matter is dismissed.

George A. Koutras
Administrative Law Judge

Distribution:

Susan E. Long, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Rm. 400, Arlington, VA 22203 (Certified Mail)

Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604 (Certified Mail)

Thomas Clark, Esq., Zeigler Coal Company, 50 Jerome Lane, Fairview Heights, IL 62208 (Certified Mail)

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