Kocher Coal Company (ALJ decision, November 5, 1991)

Plain-English summary

Kocher Coal Company faced three civil penalty proceedings. The ALJ had previously denied the parties' initial settlement motions, but the parties later filed amended motions with supporting evidence. Judge Gary Melick approved a $20 penalty for an allegation that the company failed to notify the Secretary that it had reopened a mine, noting a question about whether reclamation work was subject to MSHA inspection authority. He approved a reduction on the remaining citations from $1,221 to $665.50, for a total penalty of $685.50.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The amended settlement was approved and Kocher Coal was ordered to pay $685.50 within 30 days.
• Key point: The Judge approved the amended settlement after the parties submitted supporting evidence and addressed the earlier concerns.

Full text (FMSHRC public release)

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 91-160
PETITIONER
A.C. No. 36-01892-03515

v. Porter Tunnel
Docket No. PENN 91-1349
KOCHER COAL COMPANY,
RESPONDENT
A.C. No. 36-01891-03505
Kocher Breaker

Docket No. PENN 91-1032
A.C. No. 36-03304-03501

Lincoln Stripping Mine

DECISION APPROVING SETTLEMENT

Appearances: Joseph T. Crawford, Esq., Anthony G. O'Malley, Jr., Esq., Office of the Solicitor, U.S.
Department of Labor, Philadelphia, Pennsylvania, for the Petitioner;
Allen Shaffer, Esq., Millersburg, Pennsylvania, and Mr. Steven D. Shrawder, Valley View, Pennsylvania, for the Respondent.

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner's initial motions to approve settlement agreements were denied. At hearings, amended motions were filed and supportive evidence submitted. In particular with respect to Citation No. 2934266, charging Respondent with failing to notify the Secretary that it had reopened a mine, the proposed penalty in settlement of $20 can now be approved. There is a reasonable question as to whether, in its reclamation work, Respondent was engaged in activity subject to MSHA inspection authority.

A reduction in penalty from $1221.00 to $665.50 has now been proposed with respect to the remaining citations. I have

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considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $685.50 within 30 days of this order.

Gary Melick
Administrative Law Judge