Martin Marietta Materials, Inc. (Commission decision, January 8, 2009)

Plain-English summary

Martin Marietta asked to reopen a proposed penalty assessment after MSHA sent a letter saying the company's contest was late. The operator maintained that it had filed on time. MSHA later informed the Commission that it was treating the assessment as validly contested. Because no final Commission order existed to reopen, the Commission dismissed the reopening docket.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: The docket was dismissed because MSHA recognized the assessment as timely contested.
• Key point: Reopening is unnecessary when a timely contest means the proposed assessment never became a final Commission order.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

January 8, 2009

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

MARTIN MARIETTA MATERIALS, INC.

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Docket No. SE 2008-991-M
A.C. No. 31-02009-155842

BEFORE: Duffy, Chairman; Jordan, Young, and Cohen, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2000) (“Mine Act”). On September 4, 2008, the Commission received from Martin Marietta Materials, Inc. (“Martin Marietta”) a motion by counsel requesting reopening of a proposed penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

On July 3, 2008, the Department of Labor’s Mine Safety and Health Administration (“MSHA”) issued Proposed Penalty Assessment No. 000155842 to Martin Marietta. The operator states that it timely contested the proposed assessment. Martin Marietta further submits that, by a letter dated August 26, 2008, MSHA stated that the proposed assessment had not been timely contested.

The Secretary has subsequently informed the Commission that Assessment No. 000155842 is being treated by MSHA as a validly contested assessment. Consequently, there is no final Commission order with respect to this assessment to reopen, and this docket is dismissed.

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Michael F. Duffy, Chairman

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Mary Lu Jordan, Commissioner

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Michael G. Young, Commissioner

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Robert F. Cohen, Jr., Commissioner

Distribution:

Karen L. Johnston, Esq.

Jackson Kelly PLLC

1099 18th Street, Suite 2150

Denver, CO 80202

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Myra James, Chief

Office of Civil Penalty Compliance,

MSHA,

U.S. Department of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021