Secretary of Labor v. Consolidation Coal Company (ALJ decision, May 30, 1985)

Plain-English summary

MSHA issued an order to Consolidation Coal after an inspector found float coal dust and loose coal along about 2,200 feet of conveyor belt at the Pursglove No. 15 mine. The violation of the coal accumulation standard initially carried a $1,500 assessment. The Secretary proposed a $1,250 settlement, citing somewhat lower gravity because coal around the rollers was damp and the area was wet, while describing the operator's negligence as high. Chief Administrative Law Judge Paul Merlin approved the settlement and ordered payment within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.400, accumulation of combustible materials.
• Outcome: $1,250 settlement approved, reduced from the original $1,500 assessment.
• Key point: The judge accepted the proposed reduction based on lower assessed gravity despite high operator negligence.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CONSOLIDATION COAL
DDATE:
19850530
TTEXT:
~774
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 84-250
PETITIONER
A.C. No. 46-01454-03571

v. Pursglove No. 15

CONSOLIDATION COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a Motion for Decision and Order Approving Settlement in the above-captioned matter. At issue is one violation, originally assessed at $1500. Settlement is proposed for $1,250.

Order No. 2115013 was issued for violation of 30 C.F.R.
75.400, when the inspector observed a dense accumulation of black float coal dust and loose coal along the belt conveyor (the 48 Mather conveyor) extending for approximately 2,200 feet.

The Solicitor asserts in justification of the proposed reduction that gravity was somewhat less than originally assessed. He represents that the mine is a wet mine and that although the belt entry was generally dry, the coal packed around the rollers was damp and the area around the rollers was wet. The Solicitor asserts operator was highly negligent.

In light of the foregoing, I accept the Solicitor's representations and hereby APPROVE the proposed settlement which is a substantial amount.

ORDER

The operator is hereby ORDERED to pay $1,250 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge