Secretary of Labor v. U.S. Steel Mining Company, Inc. (ALJ decision, May 15, 1985)

Plain-English summary

MSHA cited U.S. Steel Mining at its Cumberland Mine for inadequate strain protection at a load center and an improperly installed line brattice. The parties proposed reducing the first citation's penalty from $112 to $90 after finding that its gravity was lower and its significant-and-substantial designation was wrong. They retained the second citation's $119 assessment. Judge James A. Broderick approved the $209 settlement and ordered payment within 30 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.605 and 75.302-1(b)(1), covering the load center and line brattice conditions.
• Outcome: Two citations settled for $209 total, reduced from $231; significant-and-substantial designation removed from the first.
• Key point: Further investigation supported a lower penalty and removal of the first citation's enhanced designation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. U.S STEEL MINING
DDATE:
19850515
TTEXT:
~730
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 84-224
PETITIONER
A.C. No. 36-05018-03556
v.
Cumberland Mine
U.S. STEEL MINING COMPANY,
INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On May 6, 1985, the Secretary of Labor filed a motion for approval of a settlement reached by the parties in this case. The violations were originally assessed at $231 and the parties propose to settle for $209.

The case involves two citations: the first charges a violation of 30 C.F.R. 75.605 because of inadequate strain protection at a load center. It was originally assessed at $112. The agreement proposes a reduction to $90 because further investigation revealed the gravity to be less than originally believed, and it was agreed that the significant and substantial designation was erroneous and should be removed. The other citation charges a violation of 30 C.F.R. 75.302-1(b)(1) because of inadequately installed line brattice. It was originally assessed at $119 and the parties propose to settle for the same amount. The violation was moderately serious and resulted from Respondent's negligence.

I conclude that the settlement is in the public interest and should be approved.

Accordingly, the settlement is APPROVED and Respondent is ORDERED TO PAY the sum of $209 within 30 days of the date of this decision.

James A. Broderick
Administrative Law Judge