Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc. (ALJ decision, December 22, 1983)

Plain-English summary

MSHA cited U.S. Steel Mining Company at its Maple Creek No. 1 Mine for insufficient air velocity under its methane and dust control plan and for an unguarded trolley wire. The parties proposed reducing the first citation's assessment from $136 to $50 while retaining its significant and substantial designation. They proposed reducing the second from $168 to $100, explaining that the missing guard was on the rib side where miner contact was unlikely. Judge James A. Broderick accepted their representations, approved the $150 settlement, and ordered payment within 30 days.

Decision snapshot

• Cited standards: The decision describes airflow and trolley wire guarding requirements but gives no regulation numbers.
• Outcome: Both citations settled for $150 total, reduced from $304 proposed; the airflow citation retained its significant and substantial designation.
• Key point: The judge approved reduced assessments based on the circumstances described by the parties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U.S. STEEL MINING
DDATE:
19831222
TTEXT:
~2217

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 83-89
PETITIONER A.C. No. 36-00970-03512

v. Maple Creek No. 1 Mine

U.S. STEEL MINING COMPANY, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: David A. Pennington, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania, for Petitioner Louise Q. Symons, Esq., Pittsburgh, Pennsylvania, for Respondent

Before: Judge Broderick

When the above case was called for hearing in Washington, Pennsylvania, on November 30, 1983, the parties submitted on the record a motion to approve a settlement. The MSHA inspector who issued the two citations contained in this docket number was unable to be present at the hearing.

One citation was originally assessed at $136, and the parties propose to settle for $50. The violation charged was insufficient velocity of air (4,500 cfm when the methane and dust control plan called for 5,000 cfm). It appears that the low reading was taken during the mining cycle and that one of the shuttle cars hit a line curtain. There was sufficient air at the face before mining started. The significant and substantial designation is to remain.

The other citation was originally assessed at $168, and the parties propose to settle for $100. The violation charged was the failure to have a trolley wire properly guarded. The parties state that the missing guard was on the narrow or rib side and thus miners were unlikely to contact it.

I accept the representations in the motion and conclude that the settlement agreement should be approved.
~2218
Therefore, IT IS ORDERED that the settlement agreement is APPROVED and Respondent is ORDERED TO PAY the sum of $150 within 30 days of the date of this decision.

James A. Broderick
Administrative Law Judge