Secretary of Labor v. U.S. Silica (Commission decision, January 5, 2021)

Plain-English summary

The Commission had ordered U.S. Silica to explain why its motion to reopen should not be denied because of an unexplained filing delay. The next day, company counsel stated that the operator did not intend to file anything further and would allow the show-cause order to become final. The Commission therefore denied the reopening motion. It dismissed the matter with prejudice.

Decision snapshot

• Cited authority: 30 U.S.C. § 813(a)
• Outcome: The motion to reopen was denied and the docket was dismissed with prejudice.
• Key point: An operator that declines to answer a show-cause order cannot continue pursuing reopening.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY
AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH       

ADMINISTRATION (MSHA)          

v.

U.S. SILICA

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:

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Docket No. WEVA 2020-0270

A.C. No. 46-02805-499009

BEFORE: Rajkovich, Chairman; Althen and Traynor, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.     § 801 et seq. (2012) (“Mine Act”). The Commission has received a motion from the operator seeking to reopen a penalty assessment which had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 813(a). On December 14, 2020, the Commission issued an order to show cause within 20 days why the Commission should not deny the motion to reopen and dismiss the docket for an unexplained delay in filing the motion.

On December 15, 2020, the Commission received an email from counsel for the operator stating that it did not intend to file a further motion and would allow the Commission’s December 14 order to become final. Consistent with that order, the motion to reopen has been denied and this matter is dismissed with prejudice.

/s/ Marco M. Rajkovich,
Jr.

Marco M. Rajkovich, Jr., Chairman

/s/ William I. Althen

William I.
Althen, Commissioner

/s/ Arthur R.
Traynor, III

Arthur R.
Traynor, III, Commissioner

Distribution (email)

Michael Peelish

Attorney for U.S. Silica

Law Firm of Adele L. Abrams, PLLC

[email protected]

John M. McCracken

Senior Trial Attorney

Office of the Solicitor

Mine Safety and Health Division

U.S. Department of Labor

[email protected]

Chief Administrative Law Judge
Glenn Voisin

Federal Mine Safety & Health
Review Commission

[email protected]

Melanie Garris

Office of Civil Penalty
Compliance

Mine Safety and Health
Administration

[email protected]