C. W. Mining Company (ALJ decision, May 17, 1989)

Plain-English summary

C. W. Mining Company operated the Bear Canyon No. 1 Mine. The Secretary proposed settlements for two violations, involving a belt control switch and compliance with the roof control plan, reducing the penalties from $192 to $134 and from $294 to $206. Judge Paul Merlin approved those settlements. The operator did not answer an order concerning a third violation for an inadequate preshift examination, so judgment was entered by default and a $700 penalty was assessed. The total penalty was $1,040, due within 30 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.1725(a), 75.220, and 75.303(a)
• Outcome: Two settlements were approved for $340 total, the remaining violation was decided by default for $700, and the operator was ordered to pay $1,040 within 30 days.
• Key point: A judge may approve partial settlements and enter default judgment on a remaining violation when the operator fails to answer a show-cause order.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

May 17, 1989

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 88-290
Petitioner : A. C. No. 42-01697-03589
:
v. : Bear Canyon No. 1 Mine
:
C. W. MINING COMPANY,
:
ORDER OF PARTIAL SETTLEMENT
ORDER OF PARTIAL DEFAULT
ORDER TO PAY
Before: Judge Merlin
The Solicitor has filed a partial motion to approve settlement for two of the three violations involved in this case.
Citation No. 3075965 was issued for a violation of 30 C.F.R.
§ 75.1725(a) because a belt control switch was not being main- tained to act as a positive stop control for the belt. The penalty was originally assessed at $192 and the proposed settle- ment is for $134. Citation No. 3224163 was issued for a vio- lation of 30 C.F.R. § 75.220 because the approved roof control plan was not being complied with. The penalty was originally assessed at $294 and the proposed settlement is for $206. I have reviewed these violations in light of the six statutory criteria set forth in section 110(i) of the Act, 30 U.S.C. § 820(i), and find that the proposed settlements may be approved as being in accordance with the provisions of the Act.
The remaining violation, Order No. 3227164, was issued for a violation of 30 C.F.R. § 75.303(a) because an adequate preshift examination was not made of an area in the lower seam section in that observable hazards which existed were not listed in the approved book. The penalty is assessed at $700. On January 9, 1989, the operator was ordered to file an Answer for this vio- lation or show cause for not doing so. The file contains the return receipt showing that the operator received a copy of the show cause order on January 14, 1989. However, the operator failed to comply with it. As a result, judgment by default must be entered in favor of the Secretary.
It is therefore, ORDERED that the partial settlement motion for Citation Nos. 3075965 and 3224163 be APPROVED and the operator is ORDERED TO PAY $340.

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It is further ORDERED that judgment by default shall be entered in favor of the Secretary for Order No. 3227164 and as a result the operator is ORDERED TO PAY $700.
Finally, it is ORDERED that the operator pay $1,040 within 30 days from the date of this decision.

Paul Merlin
Chief Administrative Law Judge
Distribution:
Margaret Miller, Esq., Office of the Solicitor, U. S. Department of Labor, 1585 Federal Office Building, 1961 Stout Street, Denver, CO 80294 (Certified Mail) Mr. Bill Stoddard, President, C. W. Mining Company, P. O. Box 300, Huntington, UT 84528 (Certified Mail)

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