Chestnut Ridge Sand

Plain-English summary

Chestnut Ridge Sand, a division of Haines & Kibblehouse, asked to have safety director James F. Sassaman represent it in the proceeding. The Secretary opposed the request, arguing that the case involved an imminent-danger order and that Sassaman lacked sufficient mine-safety experience. Judge Jerold Feldman held that Commission Rule 3(b)(2) did not bar a limited-purpose representative solely because the person lacked mine-safety experience, and granted the motion.

Decision snapshot

• Governing rule: 29 C.F.R. § 2700.3(b)(2)
• Outcome: The operator's motion for permission to be represented by James F. Sassaman was granted.
• Key point: A limited-purpose representative is not barred solely for lacking mine-safety experience.

Full text (FMSHRC public release)

Page 2

~1973

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 92-696-M
: A.C. No. 36-08120-05504
Complainant :
v. : Chestnut Ridge Sand
:
CHESTNUT RIDGE SAND, :
Respondent :

                        ORDER

Before: Judge Feldman

 The respondent, a division of Haines & Kibblehouse, Inc.,

(H&K) has filed a motion seeking permission to have Mr. James F.
Sassaman represent it in this matter. H&K is a member of the
General Building Contractor's Association. Mr. Sassaman is the
association's Director of Safety and is reportedly familiar with
administrative proceedings as they pertain to safety and health
related issues.

 The petitioner opposes the respondent's motion on the

grounds that Mr. Sassaman should be precluded from serving as
representative under Commission rule 3(b)(2) because "he is not
experienced or familiar with the Mine Safety and Health Act of
1977, the Commission's rules of procedure, or Mine Safety issues
in general." In this regard, the petitioner asserts that the
seriousness and complexity of this case, which involves a 107(a)
imminent danger order, requires a representative with mine safety
experience.

 Rule 3(b)(2) permits the appointment of a representative for

the limited purpose of a specific proceeding. The plain language
of this section does not preclude a representative solely because
the individual has no mine safety experience. Moreover, the
petitioner's reliance on the "complexity" of this case as a basis
for its opposition is without merit in view of the fact that the
respondent's answer admits the occurrence of the violations in
issue, and seeks to be heard only on the issues of the degree of
negligence and the appropriateness of the penalty assessment.

Page 3

~1974
ACCORDINGLY, the respondent's motion seeking permission for
Mr. James F. Sassaman to represent it in this proceeding IS
GRANTED.

                          Jerold Feldman
                          Administrative Law Judge
                          (703) 756-5233

Distribution:

John M. Strawn, Esq., Office of the Solicitor, U.S. Department of
Labor, 14480 Gateway Bldg., 3535 Market St., Philadelphia, PA
19104 (Certified Mail)

James F. Sassaman, Director of Safety, Chestnut Ridge Sand
Company, 36 S. 18th St., P.O. Box 15959, Philadelphia, PA 19103
(Certified Mail)

/vmy