Plateau Mining Company (ALJ decision, April 16, 1985)

Plain-English summary

Plateau Mining Company and the Secretary of Labor settled a contest and related penalty case over Citation No. 2213805 at the Star Point No. 2 Mine. The violation of 30 C.F.R. § 75.1722(c) resulted in the death of a shuttle car operator. The parties agreed to a $9,000 penalty and stipulated to prompt abatement and a low degree of operator negligence. Judge Michael A. Lasher, Jr. approved the settlement after considering those stipulations. The citation was changed from a section 104(d)(1) citation to one under section 104(a), and the contest was denied. The judge ordered payment of $9,000 within 30 days if it had not already been made.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.1722(c).
• Outcome: Settlement approved for $9,000; citation modified to section 104(a); contest denied.
• Key point: The settlement resolved both the citation contest and the penalty case.

Full text (FMSHRC public release)

CCASE:
PLATEAU MINING V. SOL (MSHA)
SOL (MSHA) V. PLATEAU MINING
DDATE:
19850416
TTEXT:
~571
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

PLATEAU MINING COMPANY,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 84-106-R
v. Citation No. 2213805; 1/5/84

SECRETARY OF LABOR,
Star Point No. 2 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 84-122
PETITIONER
A.C. No. 42-00171-03523

v. Star Point No. 2 Mine

PLATEAU MINING COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: John A. Snow, Esq., VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for Contestant/Respondent;
James H. Barkley, Esq., and Margaret Miller, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Respondent/Petitioner.

Before: Judge Lasher

Prior to commencement of formal hearing on March 4, 1985, the parties submitted a proposed settlement of this contest/penalty proceeding. The parties agreed to a penalty assessment of $9,000.00 for the violation of 30 C.F.R. 75.1722(c) cited in Citation No. 2213805 (Footnote.1) which involved a fatality.
~572
Based on stipulations entered on the record (Footnote.2), it was foundthat the Respondent, a large coal mine operator with a moderate to average history of previous violations during the 2-year preceding January 5, 1984 (the issue date of the subject citation), proceeded in good faith to achieve prompt abatement of the violation upon notification thereof. With respect to gravity, it was determined on the record that the violation resulted in the fatal injury to the operator of a shuttle car as described in the citation. A low degree of negligence on the part of the Respondent was also stipulated and determined on the record.

Upon due consideration of the premises, the settlement was approved from the bench and is here affirmed.

Respondent, if it has not previously done so, shall pay the Secretary of Labor the sum of $9,000.00 on or before 30 days from the date hereof. (Footnote.3)

Michael A. Lasher, Jr.
Administrative Law Judge

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Footnotes start here:-

~Footnote_one

1 The citation was modified by Petitioner and approved on the record to reflect its issuance under section 104(a) of the Act rather than 104(d)(1).

~Footnote_two

2 The parties emphasized that their stipulations were submitted solely for purposes of resolving this proceeding under the Federal Mine Safety and Health Act of 1977 and were to be confined thereto.

~Footnote_three

3 Consistent with the penalty settlement, the contest in Docket No. WEST 84-106-R is denied.