Secretary of Labor (MSHA) v. Dorchester Coal Company (ALJ decision, December 27, 1985)

Plain-English summary

MSHA sought a $79 penalty against Dorchester Coal Company concerning its Dorchester No. 1 Mine. After a hearing, the parties agreed that Dorchester had violated the cited standard but had relied on incorrect verbal guidance from an MSHA district official about that standard. They proposed a $1 penalty and withdrawal of Dorchester's contest. Judge John A. Carlson approved the settlement and ordered payment of $1 within 40 days. The decision does not identify the cited standard by number or describe the underlying condition.

Decision snapshot

• Cited standard: Not identified by number in this decision.
• Outcome: Settlement approved; penalty reduced from $79 to $1, payable within 40 days.
• Key point: The parties agreed that erroneous advice from an MSHA official justified a nominal penalty for an admitted violation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. DORCHESTER COAL
DDATE:
19851227
TTEXT:
~2263
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 84-3
PETITIONER
A.C. No. 05-03455-03520

v. Dorchester No. 1 Mine

DORCHESTER COAL COMPANY,
RESPONDENT

DECISION

Appearances: James H. Barkley, Esq. and Margaret A. Miller, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Phillip D. Barber, Esq., Welborn, Dufford, Brown & Tooley, Denver, Colorado, for Respondent.

Before: Judge Carlson

This case was fully heard upon the merits in Denver, Colorado. Before the matter was taken up for decision, the parties asked for time in which to work out a settlement.

The parties have now submitted a settlement agreement which, if approved, would resolve all pending issues.

Specifically, the parties agree that respondent violated the standard charged in the citation, but did so in reliance upon the erroneous verbal representations of an MSHA district official as to the requirements of the standard.

The Secretary therefore seeks to amend the proposed civil penalty from the $79.00 originally sought to the sum of $1.00. Conditioned upon the approval of the agreement, Dorchester moves for leave to withdraw its notice of contest.

Having heard all of the evidence in this case, and having considered the representations made in the settlement agreement, I am convinced that the terms of the agreement are wholly appropriate.

Accordingly, the settlement agreement is ORDERED approved in its entirety. Respondent, Dorchester Coal Company, is ORDERED to pay a civil penalty of $1.00 within 40 days of the date of this decision.

John A. Carlson
Administrative Law Judge