Secretary of Labor v. Thunder Basin Coal Company (ALJ decision, September 15, 1986)

Plain-English summary

Thunder Basin Coal Company and the Secretary reached a settlement during a hearing on two citations at the Black Thunder Mine. The agreement reduced the penalty for Citation 2222770 from $119 to $109 and removed its significant-and-substantial designation. It kept the $168 penalty for Citation 2222771. Judge John J. Morris found the proposal reasonable, affirmed the citations on the agreed terms, and ordered the company to pay $277 within 40 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 77.20(b) and 77.1104
• Outcome: Settlement approved; Citation 2222770 modified to non-S&S with a $109 penalty, and Citation 2222771 affirmed with a $168 penalty.
• Key point: The approved settlement removed the S&S designation from one citation while leaving the other citation and penalty intact.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. THUNDER BASIN COAL
DDATE:
19860915
TTEXT:

~1364

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 86-26
PETITIONER
A.C. No. 48-00977-03507

v. Black Thunder Mine

THUNDER BASIN COAL COMPANY,
RESPONDENT

DECISION

Appearances: James H. Barkley, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Thomas F. Linn, Esq., Denver, Colorado, for Respondent.

Before: Judge Morris

This is a civil penalty proceeding initiated by petitioner against respondent in accordance with the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The civil penalties sought here are for the violation of mandatory standards promulgated pursuant to the Act.

After notice to the parties, a hearing on the merits commenced in Gillette, Wyoming on August 6, 1986. After conferring the parties announced that they had reached an amicable settlement.

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

Standard
Citation No. CFR Title 30 Assessment Disposition

    2222770         77.20(b)        $119            $109

    2222771         77.1104          168             168

The proposed settlement further included striking the S & S designation for Citation 2222770.

~1365
Discussion

I have reviewed the proposed settlement and I find that it is reasonable and in the public interest.

Accordingly, I enter the following:

ORDER

1. The settlement is approved.

2. Citation 2222770 is affirmed as a non-S & S violation and a penalty of $109 is assessed.

3. Citation 2222771 and the proposed penalty of $168 are affirmed.

4. Respondent is ordered to pay to petitioner the sum of $277 within 40 days of the date of this Decision.

John J. Morris
Administrative Law Judge