Oglebay Norton Taconite Company (ALJ decision, June 21, 1993)

Plain-English summary

Oglebay Norton Taconite Company faced 53 citations across four dockets for failing to report mine-site injuries that were reportable under Part 50 of the regulations. The parties explained that 45 injuries were treated later and did not cause lost time, while eight caused lost time and should have been recognized as reportable. Judge Paul Merlin approved the amended settlement, accepting penalties of $200 for each of the 45 violations and $400 for each of the eight violations. The order required payments of $3,400 in LAKE 93-52-M, $4,600 in LAKE 93-53-M, $4,000 in LAKE 93-54-M, and $200 in LAKE 93-55-M, all within 30 days.

Decision snapshot

• Cited standard(s): The order refers generally to reportable injuries under Part 50, but does not identify a specific section.
• Outcome: The amended settlements were approved, with the operator ordered to pay a total of $12,200 across four dockets.
• Key point: The judge accepted reduced penalties for injuries that were not intentionally underreported and higher penalties for injuries that caused lost time.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 93-52-M Petitioner : A.C. No. 21-00828-05591
v. : Fairlane Plant
:
OGLEBAY NORTON TACONITE
: Docket No. LAKE 93-53-M
COMPANY,
: A.C. No. 21-00200-05572
Respondent :
: Docket No. LAKE 93-54-M
: A.C. No. 21-00200-05573
:
: Docket No. LAKE 93-55-M
: A.C. No. 21-00200-05574
:
: Thunderbird Mine

DECISION APPROVING SETTLEMENT

ORDER TO PAY

These cases are before me due to Judge Melick's illness.

The parties have now filed an amended settlement motion. The motion explains that the 53 citations in these cases all were issued during the same inspection for failure to report mine site injuries which were reportable under Part 50 of the regulations. In forty-five instances, the injured miner had not reported the injury while on the mine property, but sought treatment later from a physician or chiropractor and the injury did not result in lost time. The clerical staff of the operator failed to recognize the information on the forms sent to the mine as injuries reportable to MSHA. In light of the foregoing, the parties represent that these violations were not intentional and that, therefore, negligence was less than originally thought. The amended settlement motion also sets forth information regarding the six criteria of section 110(i) of the Act. A penalty of $200 is recommended for each of these violations which I find is appropriate under the Act in light of the finding of reduced negligence which I accept.

The parties further represent that in eight citations the operator should clearly have recognized the fact that the injuries which occurred were reportable under Part 50 because the injuries resulted in lost time. The parties recommend settlements in the amount of $400 for each of these violations. This was the amount of the Secretary's original assessment. I conclude that these settlements are consistent with the standards of section 110(i) of the Act. Finally, I am persuaded that the total amount of penalties assessed herein will have the deterrent effect anticipated by the Act. In this connection I note the assurances given me by operator's counsel in a conference telephone call on May 28, 1993, that the operator now understands its responsibilities under the Act and is presently complying with the reporting requirements.

ACCORDINGLY, it is ORDERED that the recommended settlements be Approved.

It is further ORDERED that in Docket No. LAKE 93-52-M, the operator, within 30 days from the date of this order, pay $3,400.

It is further ORDERED that in Docket No. LAKE 93-53-M, the operator, within 30 days from the date of this order, pay $4,600.

It is further ORDERED that in Docket No. LAKE 93-54-M, the operator, within 30 days from the date of this order, pay $4,000.

It is further ORDERED that in Docket No. LAKE 93-55-M, the operator, within 30 days from the date of this order, pay $200.

Paul Merlin
Chief Administrative Law Judge

Distribution:

Lisa A. Gray, Esq., Office of the Solicitor,
U.S. Department of Labor, 230 South Dearborn Street,
8th Floor, Chicago, IL 60604 (Certified Mail)

J. Kent Richards, Esq., Hanft, Fride, O'Brien, Harries,
Swelbar and Burns, P.A., 100 First Bank Place,
130 West Superior Street, Duluth, MN 55802 (Certified Mail)

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