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FMSHRC ALJ decision Docket WEVA 89-73 Decided May 23, 1989 Settled Judge Paul Merlin Transcribed from scan

Consolidation Coal Company

Consolidation Coal Company (FMSHRC WEVA 89-73): Late accident report settlement approved at $75

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This order from 1989 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1989
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Consolidation Coal operated the Blacksville No. 1 Mine. The operator submitted an accident report one day late, violating 30 C.F.R. § 50.20(a). Judge Paul Merlin found that the holiday weekend greatly mitigated negligence, approved the parties' settlement, and assessed a $75 penalty instead of the original $150 assessment.

Decision snapshot

  • Cited standard: 30 C.F.R. § 50.20(a)
  • Outcome: The settlement was affirmed and a $75 penalty was ordered.
  • Key point: A short reporting delay may mitigate negligence when the surrounding circumstances explain the delay, but the reporting requirement still applies.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

                   May 23, 1989

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 89-73
Petitioner : A. C. No. 46-01867-03781
v. :
: Blacksville No. 1 Mine
CONSOLIDATION COAL COMPANY, :
Respondent :
DECISION
Appearances: Jack E. Strausman, Esq., Office of the
Solicitor, U. S. Department of Labor,
Arlington, Virginia, for the Petitioner.
Michael R. Peelish, Esq., Consolidation Coal
Company, Pittsburgh, Pennsylvania, for the
Respondent.
Before: Judge Merlin
When this case came on for hearing, the parties advised
that they had reached a proposed settlement. Other cases set
for hearing at the same time were heard on the merits.
The subject citation was issued for a violation of
30 C.F.R. § 50.20(a) because the operator did not submit the
required form notifying MSHA of an accident within 10 working
days. The form was submitted on the eleventh day. The
original assessed penalty was $150. Operator's counsel
advised that the operator now had decided it would pay the
assessed penalty rather than go to a hearing. However,
counsel pointed out that the one-day delay occurred during a
holiday weekend.
Based upon the foregoing I found that under the circumstances described, negligence was greatly mitigated. AC-
cordingly, a penalty of $75 was assessed from the bench and
is hereby AFFIRMED.

                          912

Page 2

 It is ORDERED that the operator pay $75 within 30 days

from the date of this decision.

                        [illegible]
                        Chief Administrative Law Judge

Distribution:
Jack F. Strausman, Esq., Office of the Solicitor, U. S, De-
partment of Labor, 4015 Wilson Boulevard, Room 516,
Arlington, VA 22203 (Certified Mail)
Michael R. Peelish, Esq., Consolidation Coal.Company, 1800
Washington Road, Pittsburgh, PA 15241 (Certified Mail)
Robert Stropp, Rsq., UMWA, 900 15th Street, N.W., Washington,
DC 20005 (Certified Mail) ’\n

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