Lang Brothers Inc.

Plain-English summary

Lang Brothers cleaned and plugged gas wells for Consolidation Coal's Blacksville No. 2 Mine. Lang argued that its work involved gas wells rather than coal mining, that it was not a mine operator, and that OSHA rather than MSHA had jurisdiction. The Commission held that the work was integral to coal extraction because plugging the wells allowed mining near them and prevented gas from entering the mine, and that Lang was an independent-contractor operator under the Mine Act. It affirmed the judge's decision and the $234 in civil penalties.

Decision snapshot

• Cited standard(s): 30 C.F.R. § 75.1700, 30 C.F.R. § 45.4, 30 C.F.R. § 77.1710(i), 30 C.F.R. § 77.404(a), 30 C.F.R. § 77.503, 30 C.F.R. § 77.1110, 30 C.F.R. § 77.410, 30 C.F.R. § 44.4(c)
• Outcome: The judge's jurisdictional ruling and civil penalty decision were affirmed.
• Key point: A contractor's gas-well work can fall under the Mine Act when it directly supports coal extraction and mine safety.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. LANG BROTHERS, INC.
DDATE:
19910924
TTEXT:
FEDERAL MINE SAFETY AND HEALTH REVIEW
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006
September 24, 1991
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
v. Docket Nos. WEVA 90-48
WEVA 90-58
LANG BROTHERS, INC.

BEFORE: Backley, Doyle, Holen and Nelson, Commissioners
DECISION
BY THE COMMISSION:
In this civil penalty proceeding arising under the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. • 801 et seq.
(1988)(the "MineAct" or"ACT"), we are asked to decide whether
certain gas well cleaning and plugging operations of Lang Brothers,
Inc. ("Lang") were subject to thejurisdiction of the Mine Act and
whether, in performing these operationS, Lang was an independent
contractor within the Act's definition of "operator." Commission
Administrative Law Judge James A. Broderick concluded that, on the
facts of this case, the gas well cleaning and plugging operations
in question were subject to the Mine Act and that Lang was an
independent contractor-operator under the Act. 12 FMSHRC 1690
(August 1990)(ALJ). For the reasons that follow, we affirm the
judge's decision.
I.
Factual and Procedural Background
The salient facts ooe this case are undisputed. Lang is a heavy
construction company, approximately half of whose business involves
drilling of new gas wells and the repairing of existing wells for
gas companies. The remainder involves the cleaning and plugging of
gas wells for coal mine operators. The focus of this proceeding is
on Lang's cleaning and plugging of two gas wells located in an area
scheduled for development as part of the Blacksville No. 2 Mine, a
large underground coal mine owned and operated by Consolidation
Coal Company ("Consol"). Mining within 300 feet of an oil or gas
well is prohibited by 30 C.F.R. • 75.1700.1 However, the
Department of
FOOTNOTE 1

Page 2

Section 75ù1700, which repeats section 317(a) of the Mine Act, 30
U.S.C. • 877(a), provides:
Oil and gas wells.
~414
Labor's Mine Safety and Health Administration ("MSHA"), in a
Decision and Order dated July 18, 1980 ("Decision and Order"),
granted Consol's petition for modification, filed pursuant to
section 101(c) of the Mine Act, 30 U.S.C. • 811(c). That Decision
and Order released Consol from the 300-foot requirement with
respect to oil and gas wells in the Blacksville No. 2 Mine so long
as the wells were cleaned and plugged. The modification allowed
Consol to mine through the area of the wells on the condition that
it clean the wellbores and plug the wells from below the coal bed
to the surface, as well as meet various specific conditions for the
plugging of the wells.
Consol contracted with Lang, an independent contractor, to
clean and plug the gas wells in its mines. The contract was on an
annual basis and renewable. Under the contract, Consol issued Lang
a supplemental "purchase order" for each gas well to be cleaned and
plugged. Pursuant to the contract, Lang obtained an operator's
identification number from MSHA and was required to provide the
necessary mine safety training to its employees in order to comply
with the provisions of the Mine Act and applicable rules and
regulations.
The purpose of cleaning and plugging the gas wells is to
ensure that natural gas does not seep through the well into a
mining area and create a safety hazard. If a gas well was left
unplugged or was improperly plugged, gas could leak into an
adjacent mine during the extraction of coal and result in an
underground ignition or explosion. After a well is closed by
plugging, it is no longer usable as a gas producer.
Typically, before Lang proceeds to do such work for Consol,
Consol obtains a plugging permit from the state and makes
appropriate arrangements with the affected surface landowner for
access to the gas well. Lang builds roads to gain access to the
site, if necessary, sets up the drilling rig at the surface site of
the gas well, and moves the other necessary equipment, such as a
"mud pump," water tanks, and a bulldozer to the site. Lang then
[Statutory Provisions]
Each operator of a coal mine shall take
reasonable measures to locate oil and gas
wells penetrating coalbeds or any underground
area of a coal mine. When located, such
operator shall establish and maintain barriers
around such oil and gas wells in accordance

Page 3

with State laws and regulations, except that
such barriers shall not be less than 300 feet
indiameter, unless the Secretary or his
authorized representative permits a lesser
barrier consistent with the applicable State
laws and regulations where such lesser barrier
will be adequate to protect against hazards
from such wells to the miners in such mine, or
unless the Secretary or his authorized
representative requires a greater barrier
where the depth of the mine, other geologic
conditions, or other factors warrant such a
greater barrier.
END OF FOOTNOTE
~415
does the cleaning and plugging, performs reclamation activities at
the site, and removes its equipment. A gas well is cleaned out by
removing the well casing from the surface down to the gas
production zone. Lang does not dig or drill through, the earth or
the coal. Rather, Lang sends its tools down through the existing
well borehole and cleans out any debris. Lang takes out whatever
has fallen into the borehole such as caved-in earth, or debris.
Plugging involves filling the well borehole with expandable cement.
Sec. Exh. 4.
In March 1989, Consol issued Lang a purchase order to reopen,
clean out and plug Well B2-233, located in the Pennsylvania area of
the Blacksville No. 2 Mine. Consol obtained a permit from the
Commonwealth of Pennsylvania for this work and Lang brought its
equipment to the site. The well extended more than 1,370 feet below
the surface and passed through the mine's coal seam, situated
approximately 675 feet below the surface.
On March 20, 1989, MSHA inspector George Phillips went to the
Blacksville No. 2 Mine office and asked to see the contractors'
register, which the operator is required to maintain pursuant to 30
C.F.R.• 45.4. Lang's name appeared on the register, and Inspector
Phillips went to the area in which Lang was cleaning Well B2-233.
Phillips issued Lang a citation charging a violation of 30 C.F.R. •
77.1710(i), because Lang's bulldozer did not have seat belts.
Phillips also concluded that the violation was of a significant and
substantial nature. There is no indication in the record as to how
far Consol's coal mining operation was from Well B2-233 at the time
the well was being cleaned and plugged.
In December 1989, pursuant to another purchase order, Consol
directed Lang to clean out and plug another gas well located in the
Pennsylvania area of the Blacksville No. 2 Mine, Well B2-278.

Page 4

Consol obtained a state permit for this work and Lang brought its
equipment to the site and started work. Well B2-278 extended more
than 3,000 feet below the surface and passed through the mine's
coal seam, situated approximately 800 feet below the surface.
On December 4, 1989, while Lang was cleaning Well B2-278,
Inspector Phillips issued Lang three citations, one alleging a
violation of 30 C.F.R. • 77.404(a) because of a defective cylinder
pressure gauge; one alleging a violation of 30 C.F.R. • 77.503
because of damaged insulation on a welder cable; and one alleging
a violation of 30 C.F.R. • 77.1110 because of a defective fire
extinguisher at the oil storage station. On December 12, 1989,
Phillips again inspected Well B2-278 and issued two more citations,
one alleging a violation of 30 C.F.R. • 77.404(a) because of two
inoperative rear lights on a bulldozer, and one alleging a
violation of 30 C.F.R. • 77.410 because of a defective automatic
warning device on a bulldozer. Phillips also concluded that these
violations were of a significant and substantial nature. At the
time the citations were issued, Consol was mining about 300 feet
from the well.
The Secretary subsequently proposed civil penalties for all of
the alleged violations and the matter proceeded to an evidentiary
hearing before Judge Broderick. Before the judge, Lang argued that
its operation was not subject to the Mine Act. According to Lang,
it was merely plugging wells
~416
drilled for production of gas. Lang contended that it was not
working at a mine and asserted that it was not in any way involved
in extraction of minerals in nonliquid form but, rather, was
engaged in a gas-related activity. It also argued that it had no
contact with Consol's miners. Lang submitted that it was subject to
the Occupational Safety and Health Act of 1970, 29 U.S.C. • 651 et
seq. (1988)(the OSHAct). Lang further argued that even if its
operation was subject to the Mine Act, it was not an "operator"
within the meaning of the Act, Lang conceded, however, that if it
were deemed an operator under the Mine Act, the cited violations
occurred.
In his decision, Judge Broderick concluded that Lang was an
independent contractor-operator under the Mine Act and was subject
to the Mine Act's jurisdiction. The judge gave special emphasis to
the Commission's decisions in Otis Elevator Company, 11 FMSHRC 1896
(October 1989) ("Otis I"), and Otis Elevator Company, 11 FMSHRC
1918 (October 1989) ("Otis II"), in which the Commission held that
an independent contractor examining and maintaining elevator
equipment at underground coal mines was an operator under the Mine
Act. (The judge issued his decision before the Commission's Otis I

Page 5

and Otis II decisions were affirmed by the United States Court of
Appeals for the District of Columbia Circuit. Otis Elevator Co. v.
Secretary & FMSHRC, 921 F.2d 1285 (1990).) Applying the
Commission's Otis test, the judge found:
The activities of Lang Brothers, in
cleaning and plugging the gas wells for
Consol, constituted an integral and important
part of Consol's extraction process. Consol
was obliged to clean and plug the wells in
accordance with the modification petition in
order to mine through the area where the
wells penetrated the coal seam. If Consol did
the work itself, there could be no doubt
that it was part of the mining process.
12 FMSHRC at 1694. The judge also determined that Lang had a
continuing presence in mine-related work, since approximately 50%
of its work involved cleaning and plugging gas wells for coal mine
operators. Id.
The judge also distinguished Old Dominion Power Co. v.
Donovan, 772 F.2d 92 (4th Cir. 1985). He emphasized the high
percentage of Lang's work done for coal mines and noted:
Although Lang's employees were not in the
mine itself, they operated heavy equipment
which penetrated the mine atmosphere and
directly and substantially affected the
extraction process. Most importantly, their
work was directly related to the safety of the
miners, since improper plugging of a gas well
could cause methane leaking into the mine as
the extraction of the coal progressed and
could result in an underground ignition or
explosion.
12 FMSHRC at 1695. The judge concluded that Lang's contact with the
mine was neither infrequent nor de minimis. Id.
~417
The judge affirmed all of the citations and assessed civil
penalties totaling $234. 12 FMSHRC at 1695. The Commission granted
Lang's subsequent petition for discretionary review, which
challenges only the judge's jurisdictional rulings. On review, Lang
asserts that the gas wells it cleans and plugs are not mines, that
it is not a mine operator, and that jurisdiction over its
activities is with the OSHAct, not the Mine Act.
II.
Disposition of Issues
A. Whether the well sites and Lane's operations were subject

Page 6

to the Mine Act
We begin with the question whether the well sites and Lang's
operation at the sites were subject to the Mine Act as part of a
"coal or other mine" or "coal mine" within the meaning of section
3(h) of the Act, 30 U.S.C. • 802(h).
Lang argues that the gas wells in question did not constitute
a "coal or other mine" under the Mine Act: Citing the definition of
"coal or other mine" in section 3(h)(1) of the Act, Lang argues
that it was not involved in the extraction of nonliquid minerals
and that, insofar as "liquid" minerals are concerned, the Act's
definition applies only to "extract[ion] with workers underground,"
a condition not present here. 2 Lang argues that its work involved
no contact with the coal bed other than passing through it via the
borehole, while going down to the gas producing strata. Lang adds
that its workers were not exposed to the hazards of mining and that
they never came
FOOTNOTE 2
Section 3(h)(1) states:
"coal or other mine" means (A) an area of
Land from which minerals are extracted in
nonliquid form or, if in liquid form, are
extracted with workers underground, (B)
private ways and roads appurtenant to such
area, and (C) lands, excavations, underground
passageways, shafts, slopes, tunnels and
workings, structures, facilities, equipment,
machines, tools, or other property including
impoundments, retention dams, and tailings
ponds, on the"surface or underground, used in,
or to be used in, or resulting from, the work
of extracting such minerals from their natural
deposits in nonliquid form, or if in liquid
form, with workers underground, or used in, or
to be used in, the milling of such minerals,
or the work of preparing coal or other
minerals, and includes custom coal
preparation facilities....
30 U.S.C. • 802 (h)(1). A similar definition of "coal mine" is
contained in section 3(h)(2) of the Mine Act. 30 U.S.c, •
802(h)(2).
END OF FOOTNOTE
~418
into contact with any miners. In short, from Lang's perspective,
its concern was "the proper cleaning and plugging of a natural gas
well, not with coal miningù" Lang Br. at 17.

Page 7

As Lang acknowledges, the legislative history of the Mine Act
makes clear that a broad reading is to be given to the definition
of a mine. The Senate Committee stated:
The Committee notes that there may be a need to resolve
jurisdictional conflicts, but it is the Committee's intention that
what is considered to be a mine and to be regulated under the Act
be given the broadest possible interpretation, and it is the intent
of this Committee that doubts be resolved in favor of inclusion ooe
a facility within the coverage of the Act.
S. Rep. No. 181, 95th Cong., 1st Sess. 14 (1977), reprinted in
Senate Subcommittee on Labor, Committee on Human Resources, 95th
Cong., 2d Sess., Legislative History of the Federal Mine Safety and
Health Act of 1977, at 602 (1978). Judicial precedent also
indicates that the Nine Act's definition of mining is to be broadly
interpreted in favor of coverage. See, e.g., Donovan v. Carolina
Stalite Co., 734 F.2d 1547, 1551-55 (D.C. Cir. 1984); Marshall v.
Stoudt's Ferry Preparation Co., 602 F.2d 589, 592 (3rd Cir. 1979)
cert. denied, 444 U.S. 1015 (1980). While we recognize, as the D.C.
Circuit Court of Appeals in Carolina Stalite observed, "[i]t is
clear that every company whose business brings it into contact with
minerals is not to be classified as a mine within the meaning of
section 3(h)" (734 F.2d at 1551), for the reasons that follow we
hold that Lang's activities, in this instance, are subject to the
Mine Act.
In reaching our decision, we focus on the relationship between
Lang's operations at the well sites and the extraction process at
Consol's mine, to determine whether there is a sufficient
relationship between the activity in question and the extraction
process for statutory coverage to apply. Precedent does not require
that Lang itself be engaged in extraction. See Carolina Stalite
Co., 6 FMSHRC 2518, 2519 (November 1984).
Lang casts its activities as being concerned only with the
proper cleaning and plugging of gas wells. Lang's work at the well
sites, however, was integrally related to Consol's extraction of
coal. Cf. Carolina Stalite, 734 F.2d at 1551. The sole purpose of
Lang's cleaning and plugging contract with Consol was to facilitate
Consol's extraction of underground coal. If the wells were not
plugged, Consol would not be permitted, because of section 75.1700
supra, to mine within 300 feet of the wells. Plugging them
permitted Consol to extract more coal, since it could mine the
affected coal instead of having to stay at least 300 feet away from
the gas wells.
Consol filed its petition for modification for the purpose of
allowing it to mine completely through the coal adjacent to oil and
gas wells in the vicinity of the Blacksville No. 2 Mine. MSHA's

Page 8

Decision and Order granting
~419
the petition sets forth detailed conditions for plugging
(including cleaning) such wells. Consol contracted with Lang to do
the work in compliance with the MSHA-prescribed procedures. MSHA's
Decision and Order also sets forth procedures for Consol to follow
when mining through a plugged oil or gas well area in order to
ensure the safety of the miners. Lang's cleaning and plugging work
directly affected the safety of miners. Gas leaks into the mine
could result in a fire or explosion. In fact, Lang acknowledges
that cleaning and plugging gas wells is clearly part of coal mine
safety." PDR at 10; L Br. at 13. Lang also acknowledged before the
judge that plugging gas wells is "important to" and "directly
concerned with mine safety." Tr. 12, 15. We agree with the judge
that if Consol had done the plugging work itself, there would be no
serious question that the work was part of the mining process.
Lang recognizes that "MSHA inspectors do and properly do come
and satisfy themselves that the wells are plugged in accordance
with MSHA regulations." Tr. 15, 122. Lang notifies MSHA when it is
ready to plug wells. Tr. 59. MSHA oversees the cementing phase of
plugging operations at such wells in accordance with the terms of
its decisions granting petitions for modification. Tr. 54,59,
75-76, 122. Indeed, Lang concedes MSHA's jurisdiction over its work
of plugging gas wells. Tr. 122. In our view, there is no reasonable
basis for Lang's assertion that, while MSHA may regulate well
plugging, it may not regulate the other related steps involved in
such work, including setting up its operation to carry out these
various tasks.
We reject Lang's claim that its operation site is nothing more
than "an area of land from which minerals are extracted in liquid
form" and thus not a "mine" under section 3(h)(1) of the Act. This
is not a case about the extraction of minerals in liquid form.
Rather, it is about the extraction of coal and Lang's actions to
facilitate its safe removal. Although section 3(h)(I) excludes from
the statute's coverage some areas where "minerals are extracted in
liquid form," Lang does not argue that the wells in question were
producing gas at the time that it was working at the sites.
Although the record is not entirely clear as to whether the wells
had been formally abandoned prior to Lang's work, Consol's and
Lang's intent certainly was to ensure that the wells would no
longer produce gas. Thus, we conclude that Lang was not working in
an area from which liquid minerals were being extracted within the
meaning of the statute.
Accordingly, Lang's operations were, as the judge found, "an
integral and important part of Consol's extraction process." 12

Page 9

FMSHRC at 1694. Thus, we conclude that the gas well sites and
Lang's operations at those sites, under the facts involved in this
case, were subject to the coverage of the Mine Act.
B. Whether Lang is an operator under the Mine Act
Lang additionally argues that, in performing the services in
question, it was not an independent contractor-operator within the
meaning of the Mine Act because its contact with Consol's mine was
de minimis and unrelated to
~420
Section 3(d) of the Mine Act expanded the definition of
operator5 under the Federal Coal Mine Health and Safety Act of
1969, 30 U.S.C. • 801 et seq. (1976)(amended 1977), to include
"any independent contractor performing services or construction at
such mine.5 In its Otis decisions, the Commission concluded that an
independent contractor performing elevator maintenance and repair
operations at underground coal mines constituted an operator within
the meaning of the Act. Otis I, II FMSHRC at 1902; Otis II, 11
FMSHRC at 1923. The Commission indicated, however, that "not all
independent contractors are operators under the Mine Act, and that
`there may be a point ... aùt which an independent contractor's
contact with a mine is so infrequent or de minimis that it would be
difficult to conclude that services were being performed.'" Otis I,
11 FMSHRC at 1923, quoting Nat'l Indus. Sand Ass'n v. Marshall, 601
F.2d 689, 701 (3rd Cir. 1979). Citing Nat'l Indus. Sand Ass'n,
supra, and Old Dominion, supra, as proper authority for determining
when an independent contractor is an operator, Lang asserts that
its contact with Consol's mine is so infrequent and de minimis that
it does not amount to the performance of services. Further, in
Lang's view, this activity does not amount to being engaged in the
extraction process for the benefit of the owner or lessee of the
property (in this case, Consol).
We conclude that the judge's determination that Lang was a
statutory operator is amply supported by the record. In cleaning
and plugging the gas wells, Lang performed services clearly related
to the extraction process, at what amounted to a surface work area
of Consol's Blacksville No. 2 underground coal mine. The overriding
purpose of the plugging work was to ensure that gas did not seep
into the mine afterùConsol mined through the area. Lang's work thus
directly affected the safety of miners involved in the extraction
of coal.
Notwithstanding the relatively limited period - - seven to ten
days during which Lang provided services at the mine to clean and
plug a well, we conclude that the contact was not de minimis. An
independent contractor's presence at a mine may appropriately be
measured by the significance of its presence, as well as by the

Page 10

duration or frequency of its presence. The judge found that Lang's
operation "constitute[d] an integral and important part of Consol's
extraction process." 12 FMSHRC at 1694. Further, Lang had a
"blanket contract" with Consol to clean and plug gas wells under
specific purchase orders, and had plugged wells at different Consol
mines since 1980 or 1981.
FOOTNOTE 3
Section 3(d) of the Mine Act provides:
"operator" means an owner, lessee, or other
person who operates, controls, or supervises a
coal or other mine or any independent
contractor performing services or construction
at such mine.
30 U.S.C. • 802(d).
END OF FOOTNOTE
~421
Our holding today is consistent with Nat'l Indus. Sand, Old
Dominion, and the D.C. Circuit's Otis decision. Nat'l Indus. Sand
involved the Secretary of Labor's promulgation of training
regulations. As relevant here, the Third Circuit was addressing the
Secretary's authority to "include fewer than all independent
contractors as operators for purposes of the training regulations."
601 F.2d at 701. The Court noted that "[t]here may be a point, at
least, at which an individual contractor's contact with a mine is
so infrequent or de minimis, that it would be difficult to conclude
that services were being performed." (Emphasis added). Id. The
Third Circuit viewed de minimis contact as a level at which it
would be difficult to conclude that services were being performed,
and noted that Congress intended to, include those engaged in the
extraction process for the benefit of the owner or lessee. 601 F.2d
at 701-03. Clearly, Lang is performing services for the benefit of
Consol as part of the extraction process. Indeed, the services are
so critical that without them Consol would be prohibited from
extracting coal in these areas.
In Old Dominion, the Fourth Circuit adopted the Nat'l Indus.
Sand analysis of the Third Circuit, and concluded that the
appropriate analysis is whether the independent contractor
substantially participates in mining activities. 772 F.2d at 97.
Since the Fourth Circuit found that Old Dominion Power Company's
"only contact with the mine is the inspection, maintenance, and
monthly reading of a meter for the purpose of sending a bill to a
mine company for the sale of electricity,5 there was not, in the
Court's view, substantial participation in mining activities. 772
F.2d at 96.
In its opinion affirming the Commission's Otis decisions, the

Page 11

D.C. Circuit held that section 3(d) of the Act "does not extend
only to certain independent contractor[s] performing services ... at [a] mine1; by its terms it extends toany independent contractor
performing services ... at [a] mine.'1 Otis, 921 F.2d at 1290
(emphasis in original). However, the court expressly noted that its
decision did not address "whether there is any point at which an
independent contractor's contact with a mine is so infrequent or de
minimis that it would be difficult to conclude that services were
being performed.'5 921 F.2d at 1290 n.3 (citation omitted).
For the reasons set forth above, we conclude that substantial
evidence and applicable legal principles support the judge's
determination that, in performing the services in question, Lang
was an independent contractor- operator within the meaning of the
Act.
C. Whether Lang's activity is subject only to the
Occupational Safety and Health Act
Reasserting its earlier argument concerning the Mine Act's
section 3(h) "liquid/nonliquid" distinction, Lang argues that oil
and gas drilling are not subject to the Mine Act. Land states
that its operations here are no different, from a health and
safety standpoint, than are other oil and gas drilling
operations. Lang. Br. at 16-18. While Lang acknowledges that
section 4(b)(I) of the OSHAct precludes Occupational Safety and
Health Administration ("OSHA") jurisdiction if another agency
exercises statutory authority, it maintains that there is no Mine
Act statutory authority in this
~422
instance.
We reject Lang's argument that its activity is properly
regulated under the OSHAct. Coverage under the OSHAct is exempted
pursuant to section 4(b)(I) of the OSHAct, 29 U.S.C. • 653(b)(1),
which states in pertinent part:
Nothing in this chapter shall apply to working conditions
of employees with respect to which other Federal
agencies ... exercise statutory authority to prescribe or
enforce standards or regulations affecting occupational
safety or health.
As set forth earlier in this decision, we have determined that
Lang's Consol-related operations fall within the section 3(h)
definition of "coal or other mine" and that, with respect to these
activities, Lang comes within the ambit of the term "operator"
under section 3(d). Further, we also note that, in this instance,
MSHA has exercised statutory authority to prescribe and enforce
"standards or regulations" affecting the operation in question.
MSHA's Decision and Order created, in effect, a new safety standard

Page 12

dealing with the cleaning and plugging of gas wells involving
Consol's mine. Under 30 C.F.R. • 44.4(c), an operator must comply
with the conditions in an order granting a petition for
modification, and the violation of such conditions is equivalent to
a violation of any other safety standard. See also Int. U. UMWA V.
FMSHRC, 931 F.2d 908, 909 (D.C. Cir. 1991).
III.
Conclusion
On the foregoing bases, we affirm the judge's decision.4
Richard V. Backley, Commissioner
Joyce A. Doyle, Commissioner
Arlene Holen, Commissioner
Clair Nelson, Co
FOOTNOTE 4
Chairman Ford did not participate in the consideration or
disposition of this matter.
END OF FOOTNOTE