Energy Fuels Coal, Inc.

Plain-English summary

Energy Fuels Coal, Inc. agreed with the Secretary to resolve 10 enforcement documents at its Southfield Mine. Judge Michael A. Lasher, Jr. vacated two citations because the record did not support them, removed the significant-and-substantial designations from three citations, and affirmed five citations without modification. The decision assessed a total of $568 in civil penalties.

Decision snapshot

• Cited standards: The decision does not identify the individual regulatory standards in the release.
• Outcome: Two citations were vacated, three were modified to remove the significant-and-substantial designations, and five were affirmed. Total penalties were $568.
• Key point: The ALJ approved the parties' settlement and entered the agreed citation and penalty dispositions.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ENERGY FUELS COAL
DDATE:
19891220
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 88-332
PETITIONER A.C. No. 05-03455-03561

      v.                             Southfield Mine

ENERGY FUELS COAL, INC.,
RESPONDENT

                              DECISION

Appearances: Margaret A. Miller, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
for Petitioner;
Phillip D. Barber, Esq., Welborn, Dufford, Brown
and Tooley, Denver, Colorado,
for Respondent.

Before: Judge Lasher

 This proceeding was initiated by the filing of a petition

for assessment of penalties by the Secretary of Labor pursuant to
Section 110 of the Federal Mine Safety and Health Act of 1977, 30
U.S.C. Section 820 (1977) (herein the Act). At the outset of the
formal hearing on the record on November 28, 1989, counsel
reached an amicable resolution of all 10 enforcement documents
(Citations) involved. Pursuant to the agreement of the parties,
Section 104(a), Citations numbered 2875361 and 2874012 are to be
vacated on the basis of insufficient evidence to support the
same. As to 3 of the Section 104(a) Citations, numbered 2874013,
2874015 and 2874032, the "significant and substantial"
designations are to be deleted and the initially-proposed
assessments ($68, $74, and $74, respectively) are to be paid in
full by Respondent. As to the remaining 5 enforcement documents,
all likewise are Section 104(a) Citations which are to be
affirmed without modification and the initially-proposed
penalties therefor are to be paid in full by Respondent as
follows:

 Citation                                Penalty

  2874014                                 $98
  2874017                                  20
  2874020                                  98
  2874029                                  68
  2874030                                  68

 The settlement of the parties is found appropriate and

supported in the record, the approval thereof from the bench (T.
8) is here affirmed, and the penalties (totalling $568) agreed to
by the parties are here assessed.

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ORDER

 Citations numbered 2875361 and 2874012 are VACATED.
 Citations numbered 2874013, 2874015, and 2874032 are

MODIFIED to delete the "Significant and Substantial" designations
thereon, and are otherwise AFFIRMED.

 Citations numbered 2874014, 2874017, 2874020, 2874029 and

2874030 are AFFIRMED.

  Respondent, if it has not previously done so, shall pay to

the Secretary of Labor within 30 days from the date of this
written decision the total penalties hereinabove assessed of
$568.

                              Michael A. Lasher, Jr.
                              Administrative Law Judge