Energy Fuels Coal, Inc., (ALJ decision, April 6, 1990)

Plain-English summary

Energy Fuels Coal resolved three citations at the Southfield Mine through a settlement approved by Judge Michael A. Lasher, Jr. Two citations were modified to delete their significant-and-substantial designations, and the third was affirmed. The operator was ordered to pay $227 in total penalties, consisting of $85, $68, and $74 for the three citations.

Decision snapshot

• Cited standards: The settlement decision does not identify the underlying standard numbers.
• Outcome: Two citations were modified to delete significant-and-substantial designations, the third citation was affirmed, and $227 in penalties was assessed.
• Key point: The judge approved the parties' settlement as reasonable and assessed the agreed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ENERGY FUELS COAL
DDATE:
19900406
TTEXT:

Page 2

~696
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 89-148
PETITIONER
A.C. No. 05-03455-03565

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 & Tooley, Denver, Colorado,
For Respondent.

Before: Judge Lasher

This proceeding was initiated by the filing of a Proposal for Penalty by Petitioner on April 21, 1989, pursuant to Sections 105 and 110 of the Federal Mine Safety and Health Amendments Act of 1977, 30 U.S.C. Section 801 et seq.

At the commencement of the hearing on September 14, 1989,1 a settlement was concluded covering the three Citations (T. 7-9) and such was approved from the bench (T. 8). Pursuant to the agreement reached Respondent is to pay MSHA's administratively assessed penalties in full and Petitioner agrees to the deletion of the "significant and substantial" designation on two of the three Citations involved. My bench decision finding the parties' agreement reasonable and approving the settlement is here affirmed.

Page 3

~697
ORDER

Citations numbered 2931307 and 2931309 are MODIFIED to delete the "significant and substantial" designations on the face thereof and are otherwise affirmed. Citation No. 29331310 is affirmed.

Respondent, if it has not previously done so, shall pay the Secretary of Labor within 30 days from the date of this Decision the total sum of $227 ($85 for Citation No. 2931307, $68 for Citation No. 2931309 and $74 for Citation No. 2931310) as and for the civil penalties agreed on and here assessed.

Michael A. Lasher, Jr.
Administrative Law Judge
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
FOOTNOTES START HERE

1. This matter was consolidated for hearing with two other penalty dockets, WEST 89-149 and WEST 89-217.