Street & Whited Coal Co., Inc. (ALJ decision, April 27, 1987)

Plain-English summary

Street & Whited Coal Co. faced four violations arising from a fatal roof fall, including allegations involving the accident scene, accident notification, miner training, and the approved roof control plan. The parties proposed reducing the total assessment from $10,300 to $6,300. The settlement kept the original amounts for the first three violations and reduced the roof-control-plan amount from $8,000 to $4,000, based in part on uncertainty about what roof supports the miner was installing when the fall occurred. Judge James A. Broderick approved the settlement and ordered payment of $6,300 within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.200
• Outcome: The settlement was approved and the operator was ordered to pay $6,300.
• Key point: The settlement reduced the roof-control-plan penalty where the record contained no eyewitnesses and some uncertainty about the work being performed during the roof fall.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. STREET COAL
DDATE:
19870427
TTEXT:

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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 86-49
PETITIONER
A.C. No. 44-00749-03526
v.
No. 8 Mine
STREET & WHITED COAL CO.,
INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On April 23, 1987, the Secretary of Labor filed a motion for approval of a settlement reached by the parties in this case. The violations were originally assessed at $10,300 and the parties propose to settle for $6300.

Four violations are cited in this docket, all growing out of a fatal roof fall on February 19, 1986. With respect to three of the violationsÄfor altering the accident scene before the inspector arrived ($200); for failure to notify MSHA immediately after the accident occurred ($100); for failure to give a new miner the required 40 hours training ($2000)Äthe settlement agreement proposes that the operator pay the amount originally assessed. With respect to the fourth violation, failure to follow the approved roof control plan, the settlement proposes payment of $4000, rather than the $8000 originally assessed. There were no eye witnesses to the accident and there is some doubt as to whether the miner was installing temporary roof supports when the fall occurred, which would have been permissible under the roof control plan, rather than installing permanent supports. Respondent is a small operator, had a total of 81 violations in the 24 months prior to the violations cited here including 6 violations of 30 C.F.R. 75.200.

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.

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Accordingly, the settlement is APPROVED AND Respondent is ORDERED TO PAY the sum of $6300 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge