Helvetia Coal Company (ALJ decision, October 21, 1986)

Plain-English summary

Helvetia Coal Company was cited twice under 30 C.F.R. § 75.301, once for excessive methane and once for inadequate oxygen at the Lucerne No. 6 mine. The violations were originally assessed at $750 each, for $1,500 total, and the parties proposed settling them for $425 each, or $850 total. The Solicitor attributed the reduction to lower-than-originally-estimated gravity and negligence, noting that the conditions developed during a weekend shutdown when no miners were underground. Chief Administrative Law Judge Paul Merlin approved the settlements and ordered payment of $850 within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.301
• Outcome: Two settlements were approved and an $850 total penalty was ordered.
• Key point: The ALJ approved reduced penalties after considering the conditions' lower-than-originally-estimated gravity and negligence.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HELVETIA COAL
DDATE:
19861021
TTEXT:

Page 2

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEATLH
ADMINISTRATION (MSHA),
Docket No. PENN 86-193
PETITIONER
A.C. No. 36-00917-03625

v. Lucerne No. 6

HELVETIA COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a motion to approve settlements of the two violations involved in this case. The originally assessed penalty for each violation was $750, for a total of $1,500. The proposed settlement for each violation is for $425, for a total of $850.

Citation No. 2695543 was issued for violation of 30 C.F.R.
75.301 because an excessive amount of methane was detected in the mine. Citation No. 2696487 was issued, also for violation of 30 C.F.R. 75.301, because an inadequate amount of oxygen was detected in the mine.

The Solicitor's motion discusses both violations in light of the six statutory criteria set forth in section 110(i) of the Federal Mine Safety and Health Act of 1977. The Solicitor represents that a reduction in the proposed penalties is justified because both gravity and negligence were less than originally thought. The violations were detected during a preshift examination following a weekend shutdown of the mine. The problems had developed during the 48Ôhour shut-down period when no miners were in the mine and the operator was not required to make preshift examinations. The Solicitor also represents that the methane accumulation took place in an area where none had been before.

The representations and recommendations of the Solicitor are accepted.

Accordingly, the motion to approve settlements is GRANTED and the operator is ORDERED TO PAY $850 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge