Greenwich Collieries, Division of Pennsylvania Mines Corporation (ALJ decision, August 6, 1986)

Plain-English summary

Greenwich Collieries contested 21 MSHA orders alleging failures to train newly employed experienced miners at its Greenwich No. 2 Mine. The company argued that the orders were not issued promptly or as the result of an inspection. Before a hearing, MSHA agreed to change every order into a citation under section 104(a) and reduce each gravity finding to "No Lost Workdays." With the parties in agreement after those changes, Judge George A. Koutras dismissed the contest proceedings. The order did not address penalties.

Decision snapshot

• Cited standard: 30 C.F.R. § 48.6, training for newly employed experienced miners.
• Outcome: Twenty-one contests dismissed after MSHA modified the orders to non-S&S citations; penalties were not addressed.
• Key point: The parties agreed to dismissal after MSHA changed the enforcement orders and gravity findings.

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

AUG 6 1986
,-

GREENWICH COLLIERIES, : CONTEST PROCEEDINGS
DIVISION OF PENNSYLVANIA :
MINES CORPORATION, : Docket No. PENN 86-135-R
Contestant : Order No. 2689830-02; 3/31/86
V .
:
: Docket No. PENN 86-136-R
SECRETARY OF LABOR, : Order No. 2689831-02; 3/31/86
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 86-137-R
Respondent : Order No. 2689832-02; 3/31/86 :
: Docket No. PENN 86-138-R
: Order No. 2689833-02; 3/31/86
:
: Docket No. PENN 86-139-R
: Order No. 2689834-02; 3/31/86
:
: Docket No. PENN 86-140-R
: Order No. 2689835-02; 3/31/86
:
: Docket No. PENN 86-141-R
: Order No. 2689837-01; 3/31/86
:
: Docket No. PENN 86-142-R
: Order No. 2689838-01; 3/31/86
:
: Docket No. PENN 86-143-R
: Order No. 2689839-01; 3/31/86
:
: Docket No. PENN 86-144-R
: Order No. 2689840-02; 3/31/86
:
: Docket No. PENN 86-145-R
: Order No. 2689884-01; 3/31/86
:
: Docket No. PENN 86-146-R
: Order No. 2689885-02; 3/31/86
;
: Docket No. PENN 86-147-R
: Order No. 2689886-02; 3/31/86

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 : Docket No. PENN 86-148-R
: Order No. 2689887-02; 3/31/86
:
: Docket No. PENN 86-149-R
: Order No. 2689888-02; 3/31/86
:
: Docket No. PENN 86-150-R
: Order No. 2689891-01; 3/31/86
:
: Docket No. PENN 86-151-R
: Order No. 2689892-01; 3/31/86
:
: Docket No. PENN 86-152-R
: Order No. 2689893-01; 3/31/86
:
: Docket No. PENN 86-153-R
: Order MO. 2689894-01; 3/31/86
:
: Docket No. PENN 86-154-R
: Order No. 2689895-02; 3/31/86
:
: Docket No. PENN 86-155-R
: Order No. 2690021-02; 3/31/86
:
: Greenwich No. 2 Mine
ORDER OF DISMISSAL
Before: Judge Koutras
These proceedings concern Notices of Contests filed by the contestant pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977, challenging the legality of 21 section 104(d)(2) orders issued by MSHA inspectors for alleged violations of the training requirements found in 30 C.F.R. 5 48.6. The orders were issued because of the alleged failure by the contest- ant to train newly employed experienced miners. The alleged violations were originally issued as section 104(a) citations, but were subsequently modified by MSHA to section 104(d) (2) orders after an MSHA "manager's conference." The contestant raised several defenses to the issuance of the orders, including claims that they were not issued promptly as required by section 104(d)(2), and that they were not issued as a result of any inspection as required by that section. The cases were scheduled for hearing in Indiana, Pennsylvania, dur- ing the term August 5-7, 1986, but the hearings were continued after the parties informed me of a possible settlement of the dispute. As a result of further conferences by the parties,

1173 they informed me that MSHA has agreed to modify each of the orders to a non-S&S section 104(a) citation, with a reduction of the gravity findings to "N O Lost Workdays." This agreement was confirmed by letter dated August 1, 1986. In view of the modification of the contested orders, the parties agree that these contests may now be dismissed.
ORDER
In view of the foregoing, the Notices of Contest filed by the contestant in these dockets ARE DISMISSED.

Distribution:
Joseph T. Kosek, Esq., Greenwich Collieries, P.O. Box 367, Ebensburg, PA 15931 (Certified Mail) Deborah A. Persico, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Arlington, VA 22203 (Certified Mail)

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