Jim Walter Resources, Incorporated

Plain-English summary

The Commission had determined that Jim Walter Resources' Central Supply Shop was subject to the Mine Act and remanded the matters for penalty assessment. On remand, the parties agreed that the company would pay $55 for each of three non-S&S citations. Judge Jerold Feldman approved the settlement and ordered payment of $165 within 45 days. The specified contest and civil penalty proceedings were to be dismissed after timely payment.

Decision snapshot

• Cited statute: 30 U.S.C. § 802(h)(1)
• Outcome: Settlement approved for $165, with the specified proceedings dismissed after timely payment.
• Key point: A facility can fall within Mine Act jurisdiction even when it is a supply shop, and the remand order resolved the remaining penalties through settlement.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
March 15, 2000

JIM WALTER RESOURCES, : CONTEST PROCEEDINGS
INCORPORATED, :
Contestant : Docket No. SE 99-6-R
v. : Citation No. 7665505; 9/23/98
:
SECRETARY OF LABOR, : Docket No. SE 99-7-R
MINE SAFETY AND HEALTH : Citation No. 7665506; 9/23/98
ADMINISTRATION (MSHA), :
Respondent : Docket No. SE 99-8-R
: Citation No. 7665507; 9/23/98
:
: Docket No. SE 99-9-R
: Citation No. 7665508; 9/23/98
:
: Docket No. SE 99-10-R
: Citation No. 7665512; 9/24/98
:
: Central Supply Shop
: Mine ID 01-02515
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. SE 99-66
Petitioner : A.C. No. 01-02515-03521
v. :
: Central Shop
JIM WALTER RESOURCES :
INCORPORATED, :
Respondent :

             DECISION APPROVING SETTLEMENT ON REMAND

Before: Judge Feldman

   On January 31, 2000, the Commission remanded these matters for assessment of the

appropriate civil penalties after the Commission determined the Central Supply Shop operated
by Jim Walter Resources, Inc. (JWR) is subject to the jurisdiction of the Federal Mine Safety
and Health Act of 1977, 30 U. S.C. § 801 et seq. (1994) (the Mine Act). 22 FMSHRC 21
(January 2000). Specifically, the Commission concluded JWR’s Central Supply Shop is a “coal or
other mine” as contemplated by section 3(h)(1) of the Mine Act, 30 U. S.C. § 802(h)(1).

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Page 2

    In response to the Commission’s decision, on February 28, 2000, the Secretary filed a

Motion to Approve Settlement wherein JWR agreed to pay the $55.00 civil penalty initially
proposed by the Secretary for each of the three non-significant and substantial (non-S&S)
citations pertaining to JWR’s Central Supply Shop.1 I have considered the representations 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 for approval of settlement IS GRANTED, and

IT IS ORDERED that Jim Walter Resources, Inc., pay a civil penalty of $165.00 in
satisfaction of the three citations in issue within 45 days of this order, and, upon receipt
of timely payment, the contest proceedings in Docket Nos. SE 99-8-R, SE 99-9-R and
SE 99-10- R, and the civil penalty proceeding in Docket No. SE 99-66, ARE DISMISSED.2

                                                  Jerold Feldman
                                                  Administrative Law Judge

Distribution:

Guy W. Hensley, Esq., Jim Walter Resources, Inc., P.O. Box 133, Brookwood, AL 35444
(Certified Mail)

William Lawson, Esq. Office of the Solicitor, U.S. Department of Labor, Suite 150, 100
Centerview Drive, Chambers Building, Highpoint Office Center, Birmingham, AL 35216
(Certified Mail)

/mh

   1
       The citations are Citation Nos. 7665507, 7665508 and 7665512.
   2
      The Secretary initially proposed a total civil penalty of $440.00 for eight citations in

Docket No. SE 99-66. The initial decision in Docket No. SE 99-66 imposed a civil penalty of
$275.00 for five citations related to JWR’s Central Machine Shop. 21 FMSHRC 495
(May 1999) (ALJ) (corrected by Order issued June 7, 1999). The $275.00 civil penalty for
these five citations, that included the two citations contested in Docket Nos. SE 99-6-R and
SE 99-7-R, has been paid. The additional $165.00 civil penalty JWR now has agreed to pay
for the remaining three citations in Docket No. SE 99-66 will result in payment of the total
$440.00 civil penalty initially proposed by the Secretary.

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