Secretary of Labor, MSHA v. Oak Grove Resources, LLC (ALJ decision, February 18, 2014)
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2012-416): Remaining citations settled for $88,125
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This order from 2014 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.
Plain-English summary
Oak Grove and MSHA settled the two citations that remained after an earlier partial settlement. One order alleged combustible accumulations under section 75.400, while the other involved conditions identified during preshift examinations. Oak Grove disputed the violations and unwarrantable-failure findings and pointed to wet material, examination records, assigned cleanup, maintenance, and other mitigating circumstances. Judge Michael E. Zielinski found the negotiated reductions appropriate under the Mine Act's penalty criteria. He approved penalties totaling $88,125 instead of the $117,100 proposed for the two orders.
Decision snapshot
- Cited standard: 30 C.F.R. § 75.400
- Outcome: The settlement of two remaining orders was approved for total penalties of $88,125.
- Key point: Documented factual disputes and mitigating evidence may support a negotiated penalty reduction when the judge finds the settlement consistent with section 110(i).
Full text (FMSHRC public release)
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
OFFICE OF
ADMINISTRATIVE LAW JUDGES
1331 PENNSYLVANIA
AVE., N.W., SUITE 520N
WASHINGTON, DC
20004-1710
TELEPHONE:
202-434-9958 / FAX: 202-434-9949
February 18,
2014
SECRETARY
OF LABOR
�MINE
SAFETY AND HEALTH����
�ADMINISTRATION
(MSHA),
����������������������� ��Petitioner
����������������������� v.
OAK
GROVE RESOURCES, LLC ,���������������������� ��� �Respondent
CIVIL
PENALTY PROCEEDING
Docket
No. SE 2012-416
A.C.
No. 01-00851-285172
Mine:
Oak Grove Mine
�����������
DECISION
Appearances:�������������� Jennifer Booth-Thomas, U.S. Department of Labor, Nashville, Tennessee,
����������������������������������� on behalf of the Secretary of Labor
����������������������������������� Patrick Dennison, Jackson Kelly, PLLC, Pittsburgh, Pennsylvania, on
����������������������� ����������� behalf of Oak Grove Resources, LLC
�����������������������
Before:�����������
Judge Zielinski
����������� This
case is before me upon a Petition for Assessment of Penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. � 815(d). The petition alleges that Oak Grove Resources, LLC (�Oak Grove�), is liable for four violations of the Secretary�s Safety Standards for Underground Coal Mines, and proposes the imposition of penalties in the amount of $125,100.00. A hearing was held in Birmingham, Alabama. The parties settled two citations prior to the hearing and a Decision Approving Partial Settlement was issued. At the hearing, the parties settled the two remaining citations, Order Nos. 8521202 and 8521203. Afterwards, the parties submitted a joint motion to approve settlement as instructed. For the reasons that follow, I impose civil penalties in the amount of $88,125.00.
SETTLEMENT TERMS
The
terms of the settlement are as follows:
Order No.
Proposed Penalty
Settlement Amount
Modifications/Explanations
8521202
$70,000.00
$44,062.00
The
Respondent argues that the cited condition was not a violation of Section 75.400, and was not the result of an unwarrantable failure or high negligence on the part of Oak Grove. Further, the Respondent argues that the material cited consisted of wet sloppy material and was not combustible. Pre-shift mine examiners had noted conditions in pre-shift examinations and persons were assigned to complete work in the cited area. Additionally, the Respondent argues that maintenance had been conducted on shifts prior to the inspection. The Secretary proposes that the penalty be modified in light of the contested evidence and mitigating circumstances.
8521203
$47,100.00
$44,063.00
The
Respondent argues that the cited condition was not a result of the operator�s unwarrantable failure to comply with a mandatory safety standard because the pre-shift examination report included all of the potentially hazardous conditions that were in the area at issue in this violation. The Secretary proposes that the penalty be modified in light of the contested evidence and mitigating circumstances.
Total
$117,100.00
$88,125.00
I
have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.
�����������
WHEREFORE, the motion to
approve settlement is GRANTED.
ORDER
����������� It
is ORDERED that the operator pay a total penalty of $88,125.00 within 30 days of this decision.1
����������������������������������������������������������������������� /s/ Michael E. Zielisnski �
����������������������������������������������������������������������� Michael E. Zielinski
����������������������������������������������������������������������� Senior Administrative Law Judge
Distribution
(Certified Mail):
�����������������������
Jennifer Booth Thomas, Esq., U.S.
Department of Labor, 618 Church Street, Suite 230, Nashville, TN 37219 ����
Patrick
Dennison, Esquire, Jackson Kelly, PLLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, PA 15222
1 �Payment
should be sent to: MINE SAFETY AND HEALTH ADMINISTRATION, U.S. DEPARTMENT OF LABOR, PAYMENT OFFICE, P. O. BOX 790390, ST. LOUIS, MO 63179-0390.
�������������������������������
1 Payment should
be sent to: MINE SAFETY AND HEALTH ADMINISTRATION, U.S. DEPARTMENT OF LABOR, PAYMENT OFFICE, P. O. BOX 790390, ST. LOUIS, MO 63179-0390.
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