Peabody Coal Company (ALJ decision, August 17, 1987)

Plain-English summary

Peabody Coal Company contested the significant and substantial and unwarrantable-failure allegations in Citation No. 2830921 at the Black Mesa Mine. The parties agreed to remove the unwarrantable-failure designation, remove the significant-and-substantial designation, reduce the charged negligence from high to moderate, and resolve the matter with a $50 administrative penalty. Judge Michael A. Lasher, Jr. ordered the agreed citation changes, approved Peabody's withdrawal of its contest, ordered payment of the $50 penalty, and dismissed the proceeding.

Decision snapshot

• Cited authority: 30 U.S.C. § 814(d)(1); 30 U.S.C. § 814(a); 29 C.F.R. § 2700.11
• Outcome: The citation was modified by agreement, Peabody's contest was withdrawn, a $50 penalty was ordered paid, and the proceeding was dismissed.
• Key point: The settlement removed the heightened enforcement allegations and reduced the negligence designation while resolving the contest for a $50 penalty.

Full text (FMSHRC public release)

CCASE:
PEABODY COAL V. SOL (MSHA)
DDATE:
19870817
TTEXT:

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

PEABODY COAL COMPANY,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 87-113-R
v. Citation No. 2830921; 2/11/87

SECRETARY OF LABOR,
Black Mesa Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

DECISION

Before: Judge Lasher

The Contestant, Peabody Coal Company, in its Notice of Contest filed herein on March 9, 1987, contested the so-called \"significant and substantial\" and \"unwarrantable failure\" allegations of the subject Citation No. 2830921, which was issued under Section 104(d)(1) of the 1977 Mine Act.

Pursuant to agreement reached by the parties, Contestant agrees to pay a reduced, administrative penalty (no penalty proposal has been filed with this Commission) of $50.00 and withdraw its Notice of Contest in return for Respondent MSHA's agreement to the modification of the Citation in the following respects:

(a) Deletion of the "unwarrantable failure" nature of the Citation by striking, in line 12 of the Citation, the authority shown for its issuance, "104(d)(1)," and substituting therefor "104(a);

(b) Deletion of the "Significant and Substantial" designation shown on line 10C of the Citation;
(c) Changing the degree of negligence (charged at line 11 of the Citation) from "High" to "Moderate".

Respondent agreeing to the above-specified modifications of the Citations, they are so ordered; to effectuate the settlement reached and the prompt and amicable resolution of this matter, and as requested by the parties, the Contestant, Peabody Coal Company, shall forthwith pay MSHA in accordance with its agreement and established procedures a penalty of $50.00; Contestant's withdrawal of its Notice of Contest is approved (29 C.F.R. 2700.11) and this proceeding is dismissed.

Michael A. Lasher, Jr.
Administrative Law Judge