Secretary of Labor v. Island Creek Coal Company (ALJ decision, August 18, 1982)

Plain-English summary

The Secretary of Labor and Island Creek Coal Company proposed a settlement in a civil penalty case concerning the Birch No. 2-A Mine. The proposed penalty was $610, and the parties sought to reduce it to $200. Judge Gary Melick considered the submitted representations and documents under the Mine Act's penalty criteria. He approved the settlement and ordered Island Creek to pay $200 within 30 days. The order does not identify the underlying safety standard or describe the violation.

Decision snapshot

• Cited standard(s): No standard is identified in this settlement order.
• Outcome: Settlement approved; proposed penalty reduced from $610 to $200.
• Key point: The judge found the agreed reduction appropriate under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ISLAND COAL
DDATE:
19820818
TTEXT:

~1565

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 80-72
PETITIONER A.C. No. 46-01459-03053 v.
Birch No. 2-A Mine
ISLAND CREEK COAL COMPANY,
RESPONDENT

DECISION AND ORDER APPROVING SETTLEMENT

This case is before me upon a petition for assessment of civil penalty under Section 110(a) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $610 to $ 200is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proferred settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $200 within 30 days of this order.

Gary Melick
Assistant Chief Administrative Law Judge