AMAX Coal Company

Plain-English summary

This amended release corrected a page in an earlier decision involving AMAX Coal Company's LAKE 96-17 proceeding. The release reconfirmed an approved settlement reducing one order's penalty from $2,500 to $2,000 and reproduced the decision's discussion of a citation alleging wet and muddy haulageway conditions that affected equipment control. The official amended release identifies the docket, the parties, the mine, and the cited haulageway condition.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.1403-10(i)
• Outcome: An amended decision substituted a corrected page and reconfirmed the settlement determination stated in the release.
• Key point: The amendment was issued to replace a corrected page under Commission Rule 79.

Full text (FMSHRC public release)

[DOCID: f:l96-17a.wais]

AMAX COAL COMPANY
May 13, 1996
LAKE 96-17

       FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

             OFFICE OF ADMINISTRATIVE LAW JUDGES

                    2 SKYLINE, 10TH FLOOR
                      5203 LEESBURG PIKE
                 FALLS CHURCH, VIRGINIA 22041

                         May 13, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 96-17
Petitioner : A. C. No. 11-00877-04131
:
v. :
:
AMAX COAL COMPANY, : Wabash Mine
Respondent :

                       AMENDED DECISION

Appearances: Ruben R. Chapa, Esq., Office of the Solicitor, U.S.
Dept. of Labor, Chicago, Illinois for Petitioner;
R. Henry Moore, Esq., Buchanan Ingersoll P.C.,
Pittsburgh, Pennsylvania for Respondent.

Before: Judge Melick

 Pursuant to Commission Rule 79, the attached corrected page

in the decision made May 2, 1996, is hereby substituted.

                             Gary Melick
                             Administrative Law Judge

Distribution:

Ruben R. Chapa, Esq., Christine M. Kassak, Esq., Office of the
Solicitor, U.S. Dept. of Labor, 230 S. Dearborn Street, 8th
Floor, Chicago, IL 60604 Certified Mail)

R. Henry Moore, Esq., Buchanan Ingersoll, 301 Grant Street, 20th
Floor, Pittsburgh, PA 15219-1410 (Certified Mail)

/jf

       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 PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 96-17
Petitioner : A.C. No. 11-00877-04131
:
v. :
:
AMAX COAL COMPANY, : Wabash Mine
Respondent :

                           DECISION

Appearances: Ruben R. Chapa, Esq., Office of the Solicitor,
U.S. Dept. of Labor, Chicago, Illinois for
Petitioner; R. Henry Moore, Esq., Buchanan
Ingersoll P.C., Pittsburgh, Pennsylvania for
Respondent.

Before: Judge Melick

 This case is before me upon the petition for civil

penalty filed by the Secretary of Labor pursuant to
Section 105(d) of the Federal Mine Safety and Health Act
of 1977, 30 U.S.C. � 801, et seq., the "Act," charging
the Amax Coal Company (Amax) with two violations under
the Act and proposing civil penalties of $2,809 for
those violations.

                      Order No. 4263998

 At hearing petitioner filed a motion to approve a

settlement agreement as to this order. A reduction in
penalty from $2,500 to $2,000 was proposed. Based on
the representations and documentation submitted I
concluded that the proffered settlement was acceptable
under the criteria set forth in Section 110(i) of the
Act. That determination is here reconfirmed and an
order directing payment of the penalty is incorporated
herein.

Citation No. 4264052

This citation charges as follows:

 "The 25/3W haulageway was not kept free of wet and muddy

conditions. At No. 29 and from 10 to 12 crosscuts
mud and water up to 24 inches in depth affected the
control of equipment."

This citation was issued by MSHA Inspector Robert Stamm on
September 5, 1995, based upon Safeguard No. 3536015 issued