Consolidation Coal Company (ALJ decision, April 8, 1987)

Plain-English summary

Consolidation Coal Company faced three contest proceedings and two related civil penalty proceedings concerning conditions at the Humphrey No. 7 Mine. The corrected decision states that three violations were originally assessed at $2,000 total and that the parties agreed to a $1,075 settlement. One order concerning a missing feeder-wire switch handle was changed from a section 104(d)(2) order to a section 104(a) citation, with its penalty reduced from $650 to $150. The other reductions brought a junction-box penalty from $650 to $450 and a clearance-space penalty from $700 to $475. Judge James A. Broderick approved the settlement and dismissed the contest proceedings after the respondent paid.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.1725, 75.1725(d), and 75.1403-8(d)
• Outcome: The corrected settlement was approved for $1,075, one enforcement action was modified, and the related contest proceedings were dismissed.
• Key point: The corrected decision superseded the earlier $1,325 amount and approved the parties' revised $1,075 settlement.

Full text (FMSHRC public release)

CCASE:
CONSOLIDATION COAL V. SOL (MSHA)
DDATE:
19870408
TTEXT:

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

CONSOLIDATION COAL COMPANY,
CONTEST PROCEEDINGS
CONTESTANT
v. Docket No. WEVA 86-215-R
Order No. 2711104; 2/27/86
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Docket No. WEVA 86-239-R
ADMINISTRATION (MSHA),
Order No. 2713431; 3/14/86
RESPONDENT
Docket No. WEVA 86-240-R
Order No. 2711566; 3/20/86

Humphrey No. 7 Mine

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 86-328
PETITIONER
A.C. No. 46-01453-03701
v.
Docket No. WEVA 86-329
CONSOLIDATION COAL COMPANY,
A.C. No. 46-01453-03702
RESPONDENT
Humphrey No. 7 Mine

CORRECTED DECISION APPROVING
SETTLEMENT AND DISMISSING PROCEEDINGS

Before: Judge Broderick

The Secretary's Motion to Approve Settlement in the above cases stated that an agreed settlement had been reached between the parties in the amount of $1325. This was in error, and the error was repeated in my decision. The decision issued March 5, 1987, is CORRECTED to read as follows:

On February 19, 1987, the Secretary filed a motion for an order approving a settlement agreement in the two civil penalty cases listed above. Three violations are involved originally assesed at a total of $2000. The parties propose to settle for a total payment of $1075.

Order 2711566 was issued alleging a violation of 30 C.F.R.
75.1725 because a feeder wire cut off switch handle was missing. The motion states that the violation should not have been deemed unwarrantable and the action has been modified from a

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section 104(d)(2) order to a section 104(a) citation. Because the negligence factor has been reduced, the parties propose a reduction in the penalty from $650 to $150. Order 2713431 alleged a violation of 30 C.F.R. 75.1725(d) because a junction box on a portal bus motor was open. The bus had not been operated for a week, and the operator has a practice of checking buses before putting them to use. For that reason the motion proposes a reduction in the penalty from $650 to $450. Order No. 2711104 charged a violation of 30 C.F.R. 75.1403Ä8(d) because the clearance space on the side at the underground shop switch had sloughage and dirt on the bottom. The parties propose a reduction in the penalty from $700 to $475 because the sloughage was on the tight side of the track and not on the side with the walkway.

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.

Acordingly, the settlement is APPROVED and, Respondent having paid, the case is DISMISSED.

IT IS FURTHER ORDERED that the contest proceedings, Docket Nos. WEVA 86Ä215-R, WEVA 86-239-R, and WEVA 86-240-R are with the consent of the parties DISMISSED.

James A. Broderick
Administrative Law Judge