Secretary of Labor v. Consolidation Coal Company (ALJ decision, May 8, 1985)

Plain-English summary

MSHA cited Consolidation Coal Company after finding two grease guns stored with acetylene equipment at the Blacksville No. 2 Mine. The citation alleged a violation of the storage standard in 30 C.F.R. § 75.1106-5(a), with an initial $192 assessment. The Secretary proposed a $175 settlement, explaining that the tool box was normally locked, the mechanics were trained to clean and separate the equipment, and no grease was found near the torch. Judge Paul Merlin approved the reduced penalty in light of those representations and ordered payment within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.1106-5(a).
• Outcome: Settlement approved for $175, reduced from $192.
• Key point: The judge accepted the Secretary's proposed reduction based on representations mitigating negligence and gravity.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CONSOLIDATION COAL
DDATE:
19850508
TTEXT:
~658
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 84-326
PETITIONER
A.C. No. 46-01968-03584

v. Blacksville No. 2 Mine

CONSOLIDATION COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

On January 18, 1985, the Solicitor filed a Motion for Decision and Order Approving Settlement in the above-captioned case. At issue is one violation originally assessed at $192. Settlement is proposed for $175.

Citation No. 2261814 was issued for violation of 30 C.F.R.
75.1106-5(a) when it was found that two grease guns were stored in a tool box with hoses, gauges and a torch for the acetylene tanks in the 10-G section of the mine. The Solicitor represents that negligence was less than originally thought since the tool box is usually locked to prevent the storage of grease guns with the hoses and torch. He further represents that the operator trains the mechanics who use the said equipment to clean the grease guns and to keep them in separate locations. The Solicitor further asserts that gravity is reduced because further investigation of the parties revealed that no grease was found near the torch and it is the standard practice of the mechanics pursuant to the operator's policy to always clean the hoses prior to use.

In light of the foregoing factors, which the Solicitor asserts mitigate both negligence and gravity, I hereby Approve the settlement of $175.
~659
ORDER

The operator is ORDERED to pay $175 within 30 days from the date of this decision.

Paul Merlin
Chief Administrative Law Judge