Jim Walter Resources, Inc. (ALJ decision, January 28, 1987)

Plain-English summary

Jim Walter Resources faced two contest proceedings and a related civil penalty proceeding at No. 4 Mine. One order alleged that a scoop operator knocked down a ventilation curtain and did not repair it, while the other alleged cleanup under unsupported roof. After the operator was found to have gone to the wrong face without fault by the supervisor, MSHA reduced both orders from section 104(d)(2) to section 104(a) citations and recommended penalties of $300 each. Judge Paul Merlin approved the settlement, dismissed the notices of contest, and ordered payment of $600 within 30 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.316 and 75.200; 30 U.S.C. § 814(d)(2)
• Outcome: The two orders were reduced to section 104(a) citations, the notices of contest were dismissed, and a $600 settlement was ordered.
• Key point: The operator's reduced negligence assessment supported reclassifying the orders and cutting the combined penalty from $1,900 to $600.

Full text (FMSHRC public release)

CCASE:
JIM RESOURCES V. SOL (MSHA)
DDATE:
19870128
TTEXT:

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judge

JIM WALTER RESOURCES, INC., CONTEST PROCEEDINGS CONTESTANT
Docket No. SE 86-85-R
v. Order No. 2812055; 5/14/86

SECRETARY OF LABOR,
Docket No. SE 86-86-R
MINE SAFETY AND HEALTH
Order No. 2812056; 5/14/86
ADMINISTRATION (MSHA),

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 86-123
PETITIONER
A.C. No. 01-01247-03714
v.
No. 4 Mine
JIM WALTER RESOURCES, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT
ORDER DISMISSING NOTICES OF CONTEST

Before: Judge Merlin

The parties have filed a joint motion to approve settlements of the two violations involved in these cases. The total of the originally assessed penalties was $1,900. The total of the recommended settlements is $600.

The motion discusses both violations in light of the six criteria set forth in section 110(i) of the Mine Safety and Health Act of 1977. Order No. 2812055, the subject of SE 86-85-R, was issued for violation of 30 C.F.R. - 75.316. A scoop operator had knocked down a ventilating curtain and failed to repair it. Order No. 2812056, the subject of SE 86-86-R, was issued for violation of 30 C.F.R. - 75.200. This same scoop operator proceeded to clean up coal from under an unsupported roof. Both orders were issued pursuant to Section 104(d)(2) of the Act.

Further investigation revealed that the scoop operator had been ordered to clean up a different face. Through no fault of

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the supervisor, the scoop operator went to the wrong face. The scoop operator was later disciplined. In light of these facts, MSHA has reduced these 104(d)(2) orders to 104(a) citations because the violations were not the result of an unwarrantable failure on the part of the mine operator. In addition, these facts show that negligence was less than was originally believed. A reduction in the proposed penalty for Citation No. 2812055 from
$900 to $300 is now recommended. A reduction in the proposed penalty for Citation No. 2812056 from $1,000 to $300 is also recommended.

The representations and recommendations of the parties are accepted. The mine operator has withdrawn its request for a hearing.

Accordingly, it is ORDERED that the motion to approve settlements is GRANTED.

It is further ORDERED the above-captioned notices of contest are DISMISSED.

It is further ORDERED that the mine operator is to pay $600 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge