Ten-A Coal Company

Plain-English summary

Ten-A Coal Company had previously been ordered to pay $400 for a section 104(d)(1) citation, while a separate section 104(d)(1) order had been changed to a section 104(a) citation. The Commission reversed that modification and sent the matter back to the Judge. On remand, the parties agreed to reinstate the section 104(d)(1) order and assess a $300 penalty for it. Judge Roy J. Maurer approved the settlement, affirmed both the citation and order, and directed Ten-A Coal Company to pay $700 in total.

Decision snapshot

• Cited provisions: 30 U.S.C. § 814(d)(1); 30 U.S.C. § 814(a); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, both section 104(d)(1) enforcement actions were affirmed, and a total civil penalty of $700 was assessed.
• Key point: On remand, the Judge approved the parties' agreement to reinstate the section 104(d)(1) order and assess a $300 penalty in addition to the previously assessed $400 penalty.

Full text (FMSHRC public release)

~2083

       FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

              OFFICE OF ADMINISTRATIVE LAW JUDGES
                     2 SKYLINE, 10th FLOOR
                      5203 LEESBURG PIKE
                 FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 89-274
Petitioner : A. C. No. 46-05682-03505
v. : Ward Mine
:
TEN-A COAL COMPANY, :
Respondent, :

           DECISION UPON REMAND APPROVING SETTLEMENT

Before: Judge Maurer

 On May 3, 1990, I rendered a decision affirming

section 104(d)(1) Citation No. 2944253 in its entirety and
assessed a $400 civil penalty. That portion of this case was not
appealed and was not affected by the subsequent Commission
decision and the operator has agreed to pay that $400 as part of
the instant settlement negotiation. The crux of the Secretary's
appeal of my decision in this case and the subsequent Commission
decision in Ten-A Coal Co., 14 FMSHRC 1296 (August 1992) dealt
with my modification of section 104(d)(1) Order No. 2944252 to a
section 104(a) citation. The Commission reversed that portion of
my decision and remanded this matter to me for further
proceedings.

 Subsequently, the parties have proposed to settle this re-

maining portion of the case by reinstating the section 104(d)(1)
Order and assessing a $300 civil penalty vice the $400 penalty
originally proposed by the Secretary. I have reconsidered the
entire record in this case and I conclude that the proffered
settlement is appropriate under the criteria set forth in
section 110(i) of the Mine Act.

    WHEREFORE, the motion for approval of settlement is GRANTED.

                            ORDER

 1. Section 104(d)(1) Citation No. 2944253 and

section 104(d)(1) Order No. 2944252 ARE AFFIRMED.

 2. Ten-A Coal Company is ordered to pay the sum of $700

within 30 days of the date of this decision.

                            Roy J. Maurer
                            Administrative Law Judge

Distribution:

Javier I. Romanach, Esq., Office of the Solicitor,
U. S. Department of Labor, 4015 Wilson Boulevard, Room 516,
Arlington, VA 22203 (Certified Mail)

Harold S. Yost, Esq., 126 West Main Street, Bridgeport, WV 26330
(Certified Mail)

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