Kyanite Mining Corporation (ALJ decision, May 11, 1989)

Plain-English summary

Kyanite Mining Corporation faced 24 training-related civil penalty violations at its East Ridge Plant. MSHA proposed a total penalty of $7,200 for failing to provide new-miner safety training. Before testimony began, the parties proposed a settlement reducing the penalty to $5,000, and Judge Roy J. Maurer found that amount appropriate under the civil-penalty criteria. The company was ordered to pay within 30 days, after which the proceedings would be dismissed.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
• Outcome: The proposed penalty was reduced from $7,200 to $5,000, the settlement was approved, and the proceedings were to be dismissed after payment.
• Key point: The judge approved the reduced settlement because the $5,000 penalty was a reasonable resolution of the 24 training violations and served the public interest.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KYANITE MINING
DDATE:
19890511
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 89-11-M
PETITIONER
A.C. No. 44-03743-05514

v. Docket No. VA 89-10-M
A.C. No. 44-03743-05513
KYANITE MINING CORPORATION,
RESPONDENT
East Ridge Plant

DECISION

Appearances: Jack S. Strausman, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for the Petitioner;
B. R. Coleman, Vice President, Kyanite Mining Corporation, Dillwyn, Virginia, for the Respondent

Before: Judge Maurer

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq., (the Act).

Pursuant to notice, a hearing was commenced in Charlottesville, Virginia, on April 20, 1989. At that hearing, prior to the taking of any testimony, the parties proposed a settlement agreement. The petitioner proposed reducing the specially assessed penalty from $7200 to $5000 as a more reasonable penalty for the training violations cited. I note that the 24 violations cited could be thought of as a single training violation with 24 counts. MSHA cited the operator for failing to provide new miner safety training and each of the 24 Orders named an individual employee, and proposed a civil penalty of $300. In the aggregate, this amounted to a proposed civil penalty of $7200. I concur with the Secretary that $5000 is a more reasonable penalty which still satisfies the public interest. The respondent has agreed to pay that amount in full settlement of the cases. I have considered the matter in that light and under the criteria for civil penalties contained in 110(i) of the Act and I conclude that the proffered settlement is appropriate.

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Pursuant to the Rules of Practice before this Commission, this written decision confirms the bench decision I rendered at the hearing, approving the settlement.

WHEREFORE IT IS ORDERED that respondent shall pay the approved civil penalty of $5000 within 30 days of this decision and upon such payment, this proceeding IS DISMISSED.

Roy J. Maurer
Administrative Law Judge