Secretary of Labor v. Solvay Chemicals, Inc. (Commission decision, October 19, 2016)

Plain-English summary

Solvay Chemicals filed two motions asking the Commission to reopen two penalty assessments that had become final orders. The Commission consolidated the dockets for the limited purpose of deciding the similar procedural requests. The Secretary did not oppose either motion. The Commission reopened both assessments and remanded them to the Chief Administrative Law Judge, directing the Secretary to file penalty petitions within 45 days. The order does not explain why the original contest deadlines were missed or address the underlying citations, and it says the grants are not precedent for other reopening motions.

Decision snapshot

• Governing provisions: 29 C.F.R. §§ 2700.12 and 2700.28
• Outcome: Both final penalty assessments were reopened and remanded for further proceedings.
• Key point: Similar reopening motions may be consolidated for a procedural ruling without merging the underlying cases beyond that limited purpose.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH   

ADMINISTRATION
(MSHA)        

v.

SOLVAY
CHEMICALS, INC. [1]

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:

:

:

:

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Docket
No. WEST 2015-342-M

A.C.
No. 48-01295-363072

Docket
No. WEST 2015-343-M

A.C.
No. 48-01295-355137

BEFORE:  Jordan,
Chairman; Young, Cohen, and Althen, Commissioners

ORDER

BY THE
COMMISSION:

These matters
arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.    § 801 et seq. (2012) (“Mine Act”). The Commission has received two motions from the operator seeking to reopen two penalty assessments which had become final orders of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 813(a). The Secretary states that he does not oppose the motions.

Having reviewed movant’s unopposed
motions to reopen, we reopen these matters and remand them to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700. Consistent with Rule 28, the Secretary shall file petitions for assessment of penalty within 45 days of the date of this order. See 29 C.F.R. § 2700.28.

The granting of these motions is not
precedential for the consideration of any other motion before the Commission.

/s/ Mary Lu
Jordan

Mary Lu Jordan, Chairman

/s/ Michael G. Young

Michael G. Young, Commissioner

/s/ Robert F. Cohen, Jr.

Robert F. Cohen Jr., Commissioner

/s/ William I. Althen

William I. Althen, Commissioner

Distribution:

Rowdy
Heiser, Safety Manager

Solvay
Chemicals, Inc.

400
County Road 85

Green
River, WY 82935

W.
Christian Schumann, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th St. South, Suite 401

Arlington,
VA 22202-5450

Chief
Administrative Law Judge Robert J. Lesnick

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Ave. N.W., Suite 520N

Washington,
DC 20004-1710

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

U.S.
Department of Labor

201
12th St. South, Suite 401

Arlington,
VA 22202-5450

[1] For the limited
purpose of addressing these motions to reopen, we hereby consolidate docket numbers WEST 2015-342-M and WEST 2015-343-M involving similar procedural issues. 29 C.F.R. § 2700.12.