Secretary of Labor (MSHA) v. Decker Coal Company (ALJ decision, October 7, 1985)

Plain-English summary

MSHA issued a section 104(d)(1) citation to Decker Coal Company at its East Decker Mine. During the hearing, the parties reached a settlement after unforeseen testimony affected their trial objectives. The agreement kept the citation in force, including its unwarrantable failure and significant and substantial findings, while setting the penalty at $1. Judge Michael A. Lasher, Jr. found the settlement reasonable and approved it. He ordered Decker to pay $1 if it had not already done so and affirmed the citation.

Decision snapshot

• Cited standard: The decision does not identify a specific regulatory standard; it addresses a section 104(d)(1) citation.
• Outcome: Settlement approved; Citation No. 2222731 affirmed with its unwarrantable failure and significant and substantial findings; $1 penalty.
• Key point: The settlement preserved the citation and its special findings in exchange for a token penalty.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. DECKER COAL
DDATE:
19851007
TTEXT:
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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 85-35
PETITIONER
A.C. No. 24-01458-03502

v. East Decker Mine

DECKER COAL COMPANY,
RESPONDENT

DECISION

Appearances: Robert J. Lesnick, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
John S. McCaffrey, Esq., Decker Coal Company, Omaha, Nebraska, for Respondent.

Before: Judge Lasher

During the hearing in this matter in Sheridan, Wyoming, the parties conferred and reached (on the record) an amicable resolution of this matter calling for assessment of a $1.00 penalty and preserving the validity of the subject Section 104(d)(1) Citation in all its aspects including the special findings of "Unwarrantable Failure" and "Significant and Substantial".

The Settlement was consummated in the aftermath of unforeseen testimony and the resulting effects on the trial objectives of the parties. Pursuant to the settlement formula, the regulatory agency, MSHA, retains the values of its 104(d)(1) Citation as a foundation in the enforcement scheme of Section 104(d)(1) in return for which the Respondent is assessed what amounts to a token penalty.

In the premises, the settlement is found to be reasonable and proper and is approved.
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ORDER

(1) Respondent, if it has not previously done so, shall pay the Secretary of Labor the sum of $1.00 within 30 days from the date hereof.

(2) Citation No. 2222731 dated November 7, 1984 is affirmed.

Michael A. Lasher, Jr.
Administrative Law Judge