C.W. Mining Company

Plain-English summary

C.W. Mining Company operated the Bear Canyon No. 1 Mine. MSHA alleged four safety violations involving an inadequate preshift examination, coal and coal-dust accumulations, equipment, and electrical equipment. The parties agreed to modify the preshift citation by deleting its significant-and-substantial finding and reducing the penalty to $200. They also agreed to modify another order into a citation and reduce that penalty to $1,000, while affirming two other citations with $500 penalties each. Judge August F. Cetti approved the settlement and assessed total penalties of $2,200.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.400, 75.1725(a), and 75.512
• Outcome: Two citations were modified and affirmed, two citations were affirmed as written, and total penalties of $2,200 were assessed.
• Key point: The judge approved the parties' agreed modifications and penalties after concluding that the settlement was consistent with the Mine Act's penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-5266/FAX 303-844-5268

                           May 2, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 94-452
Petitioner : A.C. No. 42-01697-03669
:
v. : Bear Canyon No. 1
:
C.W. MINING COMPANY, :
Respondent :
DECISION
Appearances: Robert Cohen, Esq., Office of the Solicitor,
U.S. Department of Labor, Arlington, Virginia,
for Petitioner;
Carl E. Kingston, Esq., Salt Lake City, Utah,
for Respondent.
Before: Judge Cetti
This case is before me upon a petition for assessment of
civil penalties under section 105(d) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. ' 801 et seq. the \"Act.\" The
Secretary of Labor on behalf of the Mine Safety and Health Admin-
istration, (MSHA), charges the Respondent, C.W. Mining Company,
the operator of the Bear Canyon No. 1 Mine with four regulatory
safety violations found in Part 75 Title 30 Code of Federal
Regulations.
Respondent filed a timely answer denying each of the alleged
violations. Pursuant to notice to the parties, this matter came
up for hearing in Salt Lake City on April 2, 1996.
At the hearing, counsel for the Secretary stated that Cita-
tion No. 3588363 is a 104(d)(1) citation for an alleged inade-
quate preshift examination for the second east pillar section of
the mine. As part and reason for the inadequate preshift exam-
ination this citation mentions two other citations, Nos. 3588361
and 3588362, not in this docket which describe the actual condi-
tions that were cited but allegedly were not observed in the
preshift examination. These two underlying citations were in
another docket heard by a different judge, i.e. Docket No. WEST
94-380. With respect to the instant Citation No. 3588363, coun-
sel for the Secretary stated:

       That based on the decision in WEST 94-380 we
       reviewed again the instant citation for
       inadequate preshift examination and \"because
        the two underlying citations have been
            changed now, and the (other) Judge held

     that    the loose coal dust violation was a
     Non S and      S violation, we felt that we
     should reduce    this particular (d)(1)
     citation to a 104(a) citation and remove the
     S and S findings and reduce the penalty from
     $2,800.00 to $200.00,    and that's what the
     parties have agreed to.\"
 The remaining three violations issued for a violation of

sections 75.400, 75.1725(a) and 75.512 were discussed and re-
evaluated. After speaking to the inspector, a more accurate
picture of the conditions stated in the citations was obtained.
The parties agreed to modify Citation No. 3588365 from a
104(d)(1) order to a 104(d)(1) citation and reduced the penalty
to $1,000.00 pointing out that the underlying 104(d)(1) citation
for the order no longer existed.
The parties agreed on a penalty of $500.00 for Citation No.
3588367 and $500.00 for Citation No. 3588367.
Upon review of the record, including the information given
at the hearing, I conclude the settlement agreed upon on the
record at the hearing is consistent with the criteria in section
110(i) of the Act.
ORDER

In view of the foregoing it is ORDERED:
 1. Citation No. 3588363 is modified to a 104(a) citation

with the S&S finding deleted and as so modified is AFFIRMED and a
penalty of $200.00 is assessed for this violation.
2. Order No. 3588365 is modified to a 104(d)(1) citation
and as so modified is AFFIRMED and a penalty of $1,000.00 is
assessed for the violation.
3. Citation No. 3588366 is AFFIRMED as written and a pen-
alty of $500.00 is assessed for this violation.
4. Citation No. 3588367 is AFFIRMED as written and a pen-
alty of $500.00 is assessed for this violation.

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 It is further ordered that C.W. Mining Company is shall PAY

the Secretary of Labor civil penalties in the sum of $2,200.00
within 30 days of this decision.

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                           August F. Cetti
                           Administrative Law Judge

Distribution:
Robert Cohen, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Boulevard, Arlington, VA 22203
(Certified Mail)
Carl E. Kingston, Esq., C.W. MINING COMPANY, 3212 South State
Street, P.O. Box 15809, Salt Lake City, UT 84115
(Certified Mail)

/sh

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