Secretary of Labor v. Twentymile Coal Company

Plain-English summary

MSHA issued Twentymile Coal Company an order for violating the mandatory training standard in 30 C.F.R. § 48.7(c). The Commission had previously affirmed the violation but set aside the proposed penalty. The D.C. Circuit affirmed the violation ruling, vacated the penalty ruling, and remanded the case to the Commission. The Commission reinstated the $1,500 penalty originally assessed by the judge.

Decision snapshot

• Cited standard: 30 C.F.R. § 48.7(c)
• Outcome: The violation ruling remained affirmed and the original $1,500 civil penalty was reinstated.
• Key point: After the appellate court's remand, the Commission reinstated the penalty originally assessed by the ALJ.

Full text (FMSHRC public release)

TWENTYMILE COAL COMPANY -- November 10, 2005

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 New Jersey Avenue, NW,

Suite 9500

Washington, DC 20001

November 10, 2005

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

TWENTYMILE COAL COMPANY

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Docket Nos.
WEST 2000-480-R

WEST 2002-131

BEFORE: Duffy, Chairman; Jordan, Suboleski, and Young, Commissioners

ORDER

BY THE COMMISSION:

This consolidated contest and civil penalty proceeding arising under the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. � 801 et seq. (2000), involves an order issued to
Twentymile Coal Company ("Twentymile") by the Department of Labor's Mine Safety and
Health Administration as a result of a violation of the mandatory training standard at 30 C.F.R.
� 48.7(c).

Following a decision by the Commission (26 FMSHRC 666 (Aug. 2004)), both the
Secretary of Labor and Twentymile petitioned for court review of the Commission's decision. In
Secretary of Labor v. Twentymile Coal Co., 411 F.3d 256 (D.C. Cir. 2005), the District of
Columbia Circuit Court of Appeals affirmed the Commission on the question of violation but
vacated the Commission's order setting aside the Secretary's proposed penalty.

In vacating the Commission's decision on the penalty issue the court remanded the matter
to the Commission for proceedings not inconsistent with the instructions contained within
the court's opinion. Id. at 262. Accordingly, the Commission reinstates the $1,500 penalty
originally assessed by the judge.

Michael F. Duffy, Chairman

Mary Lu Jordan, Commissioner

Stanley C. Suboleski, Commissioner

Michael G. Young, Commissioner

Distribution:

Jerold S. Feingold, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., 22nd Floor

Arlington, VA 22209

Administrative Law Judge David F. Barbour

Federal Mine Safety and Health Review Commission

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001