Secretary of Labor (MSHA) v. Plateau Resources Limited (ALJ decision, May 26, 1983)

Plain-English summary

Plateau Resources challenged an explosives violation citation at its Lucky Strike Mine. During the hearing, the judge sought two additional eyewitnesses after finding the operator's account needed further support, but the witnesses were no longer employed there and lived far from the hearing. The parties then agreed to withdraw the challenge to the citation and raise the proposed penalty from $32 to $500. The judge approved the settlement, confirmed his bench decision, and ordered payment by May 31, 1983, with dismissal conditioned on payment. This decision does not give the number of the cited explosives standard.

Decision snapshot

• Cited standard: Explosives violation; the decision gives no numbered standard.
• Outcome: Citation challenge withdrawn and $500 settlement approved; dismissal subject to payment.
• Key point: The parties resolved the contested explosives citation for a higher penalty after the hearing revealed a need for more witnesses.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PLATEAU RESOURES
DDATE:
19830526
TTEXT:
~988

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. WEST 82-114-M
PETITIONER
A/O No. 42-01150-05017

v. Lucky Strike Mine

PLATEAU RESOURCES LIMITED,
RESPONDENT

DECISION

After denial of the operator's interlocutory appeal from the trial judge's decision of March 30, 1983, 5 FMSHRC 605, this matter was set for an evidentiary hearing in Salt Lake City on May 19, 1983.

When the operator's presentation created a credibility gap that could not be resolved without additional witnesses, the trial judge ordered production of two additional eyewitnesses. After inquiry, counsel for the operator advised these witnesses were no longer employed by the operator and had accepted other employment at points distant to the place of hearing.

At the suggestion of the trial judge the hearing was recessed to afford the parties an opportunity to discuss settlement. Thereafter, the parties jointly moved to withdraw the challenge to the validity of the citation and to settle the explosives violation charge by increasing the amount of the penalty initially proposed from $32 to $500.

After a consideration of the parties' motion in light of the record made, the trial judge granted the motion and ordered the operator to pay the amount of the penalty agreed upon, $500, within ten days.

Accordingly, it is ORDERED that the bench decision issued May 19, 1983, be, and hereby is, CONFIRMED, that the operator pay the agreed upon penalty, $500, on or before May 31, 1983, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge