Consolidation Coal Company (ALJ decision, May 20, 1987)

Plain-English summary

Consolidation Coal faced five alleged violations of 30 C.F.R. § 50.20(a) for failing to report occupational injuries as required. The original assessment was $150 for each violation, but the parties proposed settlements of $500 each. Judge Paul Merlin approved the settlements after considering the operator's size, negligence, seriousness, abatement, and violation history, and ordered payment of $2,500 total.

Decision snapshot

• Cited standard: 30 C.F.R. § 50.20(a)
• Outcome: Five settlements were approved for $2,500 total.
• Key point: Multiple violations of the same reporting requirement supported penalties higher than the original assessments.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19870520
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 87-90
PETITIONER
A.C. No. 46-01453-03745

v. Humphrey No. 7 Mine

CONSOLIDATION COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

ORDER TO PAY

Before: Judge Merlin

This case is a petition for the assessment of civil penalties filed by the Secretary against Consolidation Coal Company. Involved are five violations of 30 C.F.R. 50.20(a) for failure to report occupational injuries as required by the regulations. Each violation was originally assessed at $150 and the proposed settlements are for $500 apiece.

I have previously set forth my views regarding Part 50.
Consolidation Coal Company, ÄÄÄ FMSHRC ÄÄÄÄÄ (April 9, 1987).

In the subject action the settlement motion recites in pertinent part:

The Secretary submits that Consol is a large operator.
The Secretary further submits that each of the violations involved an appreciable degree of negligence and seriousness. The files include information related to the fact that the violations were abated after issuance in good faith and that payment of the agreed-to penalties will not adversely affect Consol's ability to remain in business. Consol has an average history of prior violations for a mine operator of its size.

I accept the foregoing representations and further note that so many violations of the same type demonstrate a disturbing pattern. The increases in the original assessments are warranted and appropriate.

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In light of these circumstances, the settlements are Approved and the operator is ORDERED TO PAY $2,500 within 30 days from the date of this order.

Paul Merlin
Chief Administrative Law Judge