Jim Walter Resources, Inc. (ALJ decision, February 3, 1987)

Plain-English summary

Jim Walter Resources and the Secretary jointly asked to settle three violations involving respirable dust samples. The operator had submitted the required five samples from each designated occupation, but one sample in each occupation contained oversized particles that could not be analyzed. The judge found that the particles were not caused by operator negligence, that miners wore respirators, and that valid samples were within acceptable limits. The settlement reduced the originally assessed penalties from $357 to $60, which the operator was ordered to pay within 30 days.

Decision snapshot

• Cited standards: None stated in the decision.
• Outcome: The settlement was approved and the operator was ordered to pay $60.
• Key point: A settlement may be approved when sampling problems were not caused by operator negligence and valid samples showed acceptable dust concentrations.

Full text (FMSHRC public release)

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 87-6
PETITIONER
A.C. No. 01-00328-03608
v.
Bessie Mine
JIM WALTER RESOURCES, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The parties have filed a joint motion to approve settlements of the three violations involved in this case. The total of the originally assessed penalties was $357. The total of the proposed settlements is $60.

The three citations were issued because valid respirable dust samples allegedly were not submitted by the operator. In their motion the parties state that the operator did, in fact, submit the requisite number of samples, i.e., five samples from each designated occupation. However, in each designated occupation one sample of the five contained oversized particles which could not be analyzed. The Solicitor has orally advised that the presence of an oversized particle cannot be attributed to any negligence on the operator's part. Also, the miners here wore respirators. Finally, once valid samples were submitted, the average concentrations of respirable dust in all samples were within acceptable limits. In light of the foregoing, I conclude the violations were not serious and the operator was not negligent.

The history of previous violations with respect to this medium-sized operator is average. Payment of the proposed settlements will have no effect on the operator's ability to continue in business.

The representations and recommendations of the parties are accepted.

Accordingly, the motion to approve settlements is GRANTED and the operator is ORDERED TO PAY $60 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge