Consolidation Coal Company (ALJ decision, November 30, 1987)

Plain-English summary

Consolidation Coal contested an imminent-danger withdrawal order at the Matthews Mine and faced penalties for four alleged violations of 30 C.F.R. § 75.1704. The parties stated that rock falls had blocked four areas of the intake escapeways, but that two traversable escapeways remained available. They agreed to settle each penalty at $300, for a total of $1,200, and the Secretary stated that the withdrawal order had been issued in error. Judge James A. Broderick approved the settlement, ordered payment, vacated Order No. 2842983, and dismissed the contest.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.1704
• Outcome: The settlement was approved, the four penalties were set at $300 each, and Order No. 2842983 was vacated.
• Key point: The Secretary's settlement position recognized that the withdrawal order was issued in error where two traversable escapeways remained.

Full text (FMSHRC public release)

CCASE:
CONSOLIDATION COAL SOL (MSHA)
DDATE:
19871130
TTEXT:

Page 2

~1985

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

CONSOLIDATION COAL COMPANY,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. SE 87-49-R
Order No. 2842983; 1/7/87
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Matthews Mine
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 87-86
PETITIONER
A.C. No. 40-00520-03620
v.
CONSOLIDATION COAL COMPANY,
Matthews Mine
RESPONDENT

DECISION APPROVING SETTLEMENT
ORDER OF DISMISSAL

Before: Judge Broderick

On October 27, 1987, the parties filed a joint motion to approve settlement together with exhibits. On November 9, and November 19, 1987, the Secretary filed supplements to the motion at my request.

In the contest proceeding, Consol seeks review of an imminent danger withdrawal order issued under section 107(a) of the Act. The penalty case seeks penalties for four alleged violations of 30 C.F.R. 75.1704, each originally assessed at $500. The motion states that the parties agree to settle each violation for $300. The 107(a) order was issued because the Inspector concluded that the four violations collectively constituted an imminent danger.

The violations resulted from rock falls which blocked four separate areas in the intake escapeways in the subject mine. The motion states that the Secretary now believes that the 107(a) order was issued in error, and that the gravity of the violations was not as serious as originally thought because there were two travellable escapeways for all persons to exit the mine.

Page 3

~1984
I have considered the motion in the light of the criteria in section 110(i) of the Act and conclude that it should be approved.

Accordingly, the settlement is APPROVED and Respondent is ORDERED TO PAY the sum of $1200 within 30 days of the date of this order.

IT IS FURTHER ORDERED that Order No. 2842983 is VACATED, and the review proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge