Patriot Coal Company (ALJ decision, August 6, 1987)

Plain-English summary

Patriot Coal Company faced a proposed $250 penalty over the absence of a backup alarm on a pickup truck. The company argued that it reasonably believed the truck was a service vehicle not subject to the backup-alarm requirement, and the Secretary agreed that its negligence was less than originally believed. Judge James A. Broderick approved the settlement and ordered Patriot Coal to pay $200 within 30 days.

Decision snapshot

• Cited standard(s): The decision describes a backup-alarm standard but does not identify its section number.
• Outcome: The settlement was approved, reducing the proposed penalty from $250 to $200.
• Key point: The judge approved a reduced penalty after the parties presented a lower-negligence explanation for the alleged backup-alarm violation.

Full text (FMSHRC public release)

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

SECRETARY OF LABOR,
Docket No. WEVA 86-400
MINE SAFETY AND HEALTH
A.C. No. 46-06042-03518
ADMINISTRATION (MSHA),
PETITIONER Patriot Coal Mine v.

PATRIOT COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On July 20, 1987, the Secretary of Labor filed a motion for approval of a settlement reached by the parties in this case. The violations were originally assessed at $250 and the parties propose to settle for $200.

The motion states that Respondent's negligence was less than originally believed in connection with the alleged violation cited, namely the absence of a backup alarm on a pickup truck. Respondent believed that the truck in question was a service vehicle and not subject to the standard requiring backup alarms. 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 $200 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge