Republic Steel Corporation v. Secretary of Labor (ALJ decision, August 18, 1982)

Plain-English summary

A shuttle car operator at Republic Steel's Banning Mine was killed after leaning around his protective canopy to see the mine cars he was loading; a car spotter failed and the shuttle car moved against a post. The parties proposed reducing the penalty for a canopy citation from $6,000 to $500, arguing that the canopy met the standard's roof and rib protection requirement. Judge Joseph B. Kennedy criticized the canopy's restricted field of vision and MSHA's continued use of canopies that impeded safe operation. He nevertheless found that the charged violation had not occurred, relying also on MSHA's admission that the canopy was adequate for normal shuttle car operation. He denied the proposed settlement and dismissed the citation and penalty matter. The order does not name the cited standard by number.

Decision snapshot

• Cited standard(s): The canopy standard is discussed but not identified by number in this order.
• Outcome: Proposed settlement denied; charged violation rejected and matter dismissed, with no penalty.
• Key point: The judge found no violation of the charged canopy requirement while criticizing the field of vision the canopy provided.

Full text (FMSHRC public release)

CCASE:
REPUBLIC STEEL V. SOL (MSHA)
DDATE:
19820818
TTEXT:

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

REPUBLIC STEEL CORPORATION,
Contest of Citation
CONTESTANT-RESPONDENT
Docket No. PENN 81-115-R
v. Citation No. 1046699 3/10/81

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 81-177
A/O No. 36-00973-03079F
RESPONDENT-PETITIONER
Banning Mine

DECISION AND ORDER

On March 10, 1981, a shuttle car operator was killed due to the inadequacy of the field of vision provided under the protective canopy installed on his equipment. Because of the inadequacy of the field of vision, the miner stuck his head out around the canopy in order to see to position the mine cars he was loading. When the car spotter failed to function properly, the mine cars caught the shuttle car boom and swung the car in such a way that the miner's head was crushed against a post. The parties move to reduce the amount of the penalty initially proposed from $6,000 to $500 on the ground that the canopy was adequate to protect the miner from falls of the roof or rib which, they claim, is all the standard required.

I think the facts of this case demonstrate what I have been inveighing against for years with respect to canopies, namely that MSHA's failure to require the installation of canopies that provide a field of vision adequate to permit their safe use in the performance of a job renders many if not most "approved" canopies accidents waiting to happen. Despite this, MSHA is insistent on requiring canopies wherever the mining height permits, regardless of the hazards created by their use where the mining height does not permit an adequate field of vision. In this case, after the fatality MSHA and the operator tried to cure the hazard by painting stripes on the sides of the mine cars but made no adjustment in the canopy. Thus, any time a string of cars that are not painted comes along the same accident may occur. In my judgment if a canopy cannot be provided that permits the operator an adequate field of vision to perform his tasks safely, it should be removed and not required.

For these reasons, as well as MSHA's admission that "the canopy was totally adequate for normal operation of the shuttle car," (FOOTNOTE 1) I find the violation charged did not, in fact, occur.

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Accordingly, it is ORDERED that the motion to approve settlement be, and hereby is, DENIED and the matter DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
~FOOTNOTE-ONE
1 Where the facts so dramatically and fatally demonstrate that the canopy was not adequate to permit safe operation of the shuttle car, I find this view of the canopy requirement so at war with the safe operation of haulage equipment as to be breathtaking.