Otis Elevator Company (ALJ decision, April 21, 1986)

Plain-English summary

MSHA cited Otis Elevator Company because a repairman who had not taken the required West Virginia examination performed electrical work on a mine elevator. A miner was injured while trying to board the elevator, but the government said it could not establish that the cited qualification violation contributed to the injury. Otis had promptly abated the violation by giving MSHA a written statement that the mine operator would furnish a qualified person to accompany its mechanics during future electrical work. The parties agreed to reduce the proposed $500 penalty to $375. Judge James A. Broderick approved the settlement and ordered Otis to pay $375 within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.511, qualification for electrical work.
• Outcome: Settlement approved; $375 penalty ordered, reduced from $500.
• Key point: The settlement reflected that the government could not link the qualification violation to the miner's injury.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. OTIS ELEVATOR
DDATE:
19860421
TTEXT:
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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 85-278
PETITIONER
A.C. No. 46-01433-03501 B70

v. Loveridge Mine

OTIS ELEVATOR COMPANY,
RESPONDENT

ORDER APPROVING SETTLEMENT AGREEMENT

Appearances: Howard K. Agran, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsyl- vania, for Petitioner; W. Scott Railton, Esq., Reed, Smith, Shaw & McClay, Washington, D.C., for Respondent.

Before: Judge Broderick

When the above case was called for hearing in Pittsburgh, Pennsylvania on March 18, 1986, Petitioner made a motion on the record for approval of a settlement agreement reached by the parties to this proceeding.

The case involves a single citation, charging a violation of 30 C.F.R. 75.511 because an unqualified person was performing electrical repairs on an automatic elevator. MSHA contended that the violation contributed to an injury, because the repairman did not notify mine management that he was going to work on the elevator, and a miner was injured while attempting to board it. The violation was originally assessed at $500.

In his motion counsel states that the repairman in question had not taken the West Virginia examination for the mine electrical work, but the government does not contend that he is not technically qualified to do electrical repairs. The government is not able to state that the violation contributed to the injury. The government does not allege that the work performed by the repairman violated any mandatory safety standard. Respondent is a large company, has a history of one prior violation, and abated the instant violation promptly, by giving MSHA a written statement that the mine operator would furnish a "qualified person" to accompany Respondent's mechanics when electrical work is performed on mine elevators. The parties agree to settle the case by payment of a penalty of $375.
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I have considered the motion in the light of the criteria in section 110(i) of the Act, and conclude that it should be approved.

Accordingly, the settlement is APPROVED, and Respondent is ORDERED to pay the sum of $375 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge