Glen Irvan Corporation (ALJ decision, January 29, 1987)

Plain-English summary

Glen Irvan Corporation faced three violations at the Bark Camp Strip, including a highwall and front-end-loader work-area violation, a preshift-examination violation, and a loose highwall-material violation. The decision states that the violations grew out of a fatal fall-of-material accident and were initially assessed at a total of $5,400. Because the operator had filed for Chapter 11 bankruptcy and stopped mining, the parties proposed a $2,700 settlement. Judge James A. Broderick approved the settlement after considering the Mine Act penalty criteria and the operator's financial condition.

Decision snapshot

• Cited standard: 30 C.F.R. § 77.1006(b); the decision also applies the Mine Act's penalty criteria in 30 U.S.C. § 820(i).
• Outcome: The settlement was approved at $2,700, payable under a later distribution order from the bankruptcy court.
• Key point: The judge considered the operator's bankruptcy and ceased mining operations when approving a reduced settlement for serious violations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GLEN IRVAN
DDATE:
19870129
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 HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 86-64
PETITIONER
A.C. No. 36-04596-03507
v.
Bark Camp Strip
GLEN IRVAN CORPORATION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On January 12, 1986, 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 $5400 and the parties propose to settle for $2700.

Three violations are charged, all growing out of a fatal fall-of-material accident. The operator was charged with a violation of 30 C.F.R. 77.1006(b) because an employee was working between a highwall and a front end loader. A penalty of $4000 was initially assessed. It was also charged with failure to properly conduct a preshift examination, and with having loose, fractured material on a highwall. These violations were initially assessed at $800 and $600, respectively. The motion states that the violations were serious and caused by Respondent's negligence. However, the settlement is proposed because Respondent has filed under Chapter 11 of the Bankruptcy Act, and its mining operations have ceased. I have considered the motion in the light of the criteria in section 110(i) of the Act, and in the light of Respondent's financial condition, and conclude that it should be approved.

Accordingly, the settlement motion is APPROVED, and Respondent is ORDERED TO PAY the sum of $2700 in accordance with an order for distribution which may hereafter be issued by the Bankruptcy Court in the Western District of Pennsylvania.

James A. Broderick
Administrative Law Judge