Secretary of Labor v. Co-op Mining Company (ALJ decision, March 28, 1986)

Plain-English summary

The Secretary and Co-op Mining Company settled six citations after a hearing began. Judge John J. Morris approved the agreement, vacating three training citations because the miner had received the training but its record was wrong. He also vacated one citation as redundant with another. The remaining two citations were affirmed, one at its proposed $5,000 penalty and the other at a reduced $3,000 penalty. The order gives no further account of the conditions behind those two citations.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 77.205(a), 48.7(c), 48.5(a), 77.209, and 77.1710(g).
• Outcome: Four citations vacated; two affirmed; $8,000 in total civil penalties.
• Key point: The settlement removed training charges based on an incorrect record and a charge duplicating another citation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CO-OP MINING
DDATE:
19860328
TTEXT:
~458

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 85-165
PETITIONER
A.C. No. 42-01697-03540

v. Bear Canyon No. 1 Mine

COÄOP MINING COMPANY,
RESPONDENT

DECISION

Appearances: James H. Barkley, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for the Petitioner;
Carl E. Kingston, Esq., Co-op Mining Company, Salt Lake City, Utah, for the Respondent.

Before: Judge Morris

The Secretary of Labor, on behalf of the Mine Safety and Health Administration, (MSHA), charges respondent with violating safety regulations promulgated under the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq., (the Act).

After notice to the parties, a hearing on the merits commenced in Salt Lake City, Utah on February 11, 1986.

At the hearing the parties stated that they had reached a settlement agreement. No person objected to the proposal.

The citations, the standards allegedly violated, the original assessments and the proposal dispositions are as follows:

Citation Standard
Number C.F.R., Title 30 Assessment Settlement

2501153 77.205(a) $1000 Vacate

2501155 48.7(c) 2000 Vacate

2501157 48.5(a) 400 Vacate

2072270 77.209 5000 $5000

2072271 77.1710(g) 4000 3000

2072272 48.5(a) 2000 Vacate
~459
Discussion

In support of his motion to vacate Citations numbered 2501155, 2501157 and 2072272 the Secretary states that the alleged violations of the training requirement involved a single miner. It is further indicated that the miner in question received such training but that fact was improperly recorded.

In support of his motion to vacate Citation numbered 2501153 the Secretary states the citation is redundant and such alleged violations are within the allegations contained in Citation numbered 2072270.

I have reviewed the proposed settlement and I find it is in order and in the furtherance of the public interest.

Accordingly, I enter the following:

ORDER

1. Citation 2501153 and all penalties therefor are vacated.

2. Citation 2501155 and all penalties therefor are vacated.

3. Citation 2501157 and all penalties therefor are vacated.

4. Citation 2072270 and the proposed penalty of $5,000 are affirmed.

5. Citation 2072271 and the penalty, as amended, in the amount of $3,000 are affirmed.

6. Citation 2072272 and all penalties therefor are vacated.

John J. Morris
Administrative Law Judge