Secretary of Labor (MSHA) v. Alabama By-Products Corporation (ALJ decision, March 16, 1984)

Plain-English summary

MSHA sought a $750 penalty against Alabama By-Products for coal and coal dust accumulations at its Gorgas America No. 7 Mine. After the company tendered the full proposed amount, the parties asked to withdraw their pleadings. Judge William Fauver denied withdrawal but treated the request as a settlement motion. He found the penalty supported by the record and the Mine Act's assessment criteria, approved the settlement, and ordered payment of $750. The proceeding was to be dismissed upon payment.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.400, requiring cleanup of combustible accumulations.
• Outcome: Pleading withdrawal denied; settlement for the full $750 proposed penalty approved, with dismissal upon payment.
• Key point: Payment of the proposed penalty was reviewed and approved as a settlement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ALABAMA PRODUCTS
DDATE:
19840316
TTEXT:
~699

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. SE 83-44
PETITIONER
A.C. No. 01-00340-03536
v.
Gorgas America No. 7 Mine
ALABAMA BY-PRODUCTS CORP.,
RESPONDENT

DECISION
DENYING MOTION TO
WITHDRAW PLEADINGS BUT
APPROVING SETTLEMENT

Before: Judge Fauver

The parties have moved to withdraw their pleadings on the ground that Respondent has tendered payment of the full civil penalty petitioned by the Secretary.

Sufficient grounds have not been shown for a withdrawal of the pleadings. Accordingly, the motion to withdraw is DENIED. The parties' motion is, in effect, and will be considered as a motion to approve settlement by payment of the civil penalty petitioned by the secretary.

This case involves a single charge of a violation under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. Respondent is cited for a violation of 30 CFR 75.400 because of loose coal and coal dust accumulations in the No. 3 miner section. The Secretary's Narrative Findings for a Special Assessment state that the accumulations extended about 180 feet in the heading entry and in the Nos. 1 and 2 left entries, that they were 4 to 10 inches deep in the entries and connecting crosscuts, that they constituted a serious violation because of a risk of fire or explosion, and that the violation was due to negligence because the condition was readily observable and should have been detected by the mine examiner, reported and cleaned up. Respondent demonstrated a good faith effort to achieve rapid abatement of the cited condition. In the 24-month period preceding the date of the charge Respondent had a total of 316 charges of violations in 670 inspection days.
~700
I find that the amount of penalty proposed, $750, is consistent with the statutory criteria for civil penalties and is supported by the record. Accordingly, the settlement will be approved.

ORDER

WHEREUPON IT IS ORDERED that Respondent shall pay a civil penalty of $750 within 30 days of the Decision, and upon such payment this proceeding is DISMISSED.

William Fauver
Administrative Law Judge