Secretary of Labor v. Pocahontas Fuel Co. and Patsy Trucking Co. (ALJ decision, September 29, 1980)

Plain-English summary

Patsy Trucking operated three coal trucks at Pocahontas Fuel's preparation plant without fire extinguishers, and one truck also lacked a working backup alarm. MSHA initially proposed $200 in total penalties. After the contractor was joined in the case, Judge Joseph B. Kennedy approved a $300 settlement, allocating $100 to the extinguishers and $200 to the alarm. Patsy Trucking agreed to and paid that amount. The judge dismissed the case against the mine operator and closed the proceeding.

Decision snapshot

• Cited standard: The decision names the equipment requirements but cites no regulation by number.
• Outcome: $300 settlement with Patsy Trucking approved and paid; claim against Pocahontas Fuel dismissed.
• Key point: The independent contractor paid the agreed penalties, and the judge dismissed the operator from the case.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. POCAHONTAS FUEL & PATSY TRUCKING DDATE: 19800929 TTEXT:
~2827

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. VA 80-55
PETITIONER
A.O. No. 44-02841-1004

v. Pocahontas Prep. Plant

POCAHONTAS FUEL CO.,
RESPONDENT

PATSY TRUCKING CO.,
THIRD-PARTY
RESPONDENT

DECISION AND ORDER

This case involves charges that an independent contractor was responsible for operating three coal trucks at the site of the operator's Pocahontas Preparation Plant without fire extinguishers and, in the case of one truck, without an operative back-up alarm. The violations occurred in June 1975 and thereafter became entoiled in the long standing dispute over the liability of independent contractors for violations of the Mine Safety Law. In this case, the gordian knot was cut with a simple motion to implead.(FOOTNOTE 1) See, Secretary v. Morton Salt Division and Frontier-Kemper Contractors, CENT 80-59-M 2 FMSHRC _____, (August 8, 1980).

The penalties initially proposed were $106 for the missing fire extinguishers and $94 for the inoperative back-up alarm. Based on an independent evaluation and de novo review of the circumstances, ~2828 the trial judge advised the parties he would approve a settlement in the amount of $300. One hundred dollars was to be allocated to the fire extinguishers and $200 to the back-up alarm violation. When the independent contractor agreed, the Secretary moved for approval and dismissal.

The premises considered, it is ORDERED that the motion to approve settlement as to the independent contractor and dismissal as to the operator be, and hereby is, GRANTED. It is FURTHER ORDERED that the independent contractor having paid the settlement agreed upon, $300, the captioned matter be, and hereby is, DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

~FOOTNOTE_ONE
1 Impleading the independent contractor mooted the operator's motion to dismiss for failure of the Secretary to file a timely proposal for penalty. Rule 27(a). In Arch Mineral and Mulzer Crushed Stone the judges, in the absence of a showing of prejudice, denied similar motions. See, Secretary v. Mulzer Crushed Stone Company, LAKE 80-255-M, (September 25, 1980). An interlocutory appeal from the judge's decision in Arch Mineral was denied by the Commission without resolving the issue. Arch Mineral Corporation, WEST 79-58, 2 FMSHRC 277 (Feb. 1980).