Oneida Coal Co., Inc.

Plain-English summary

Oneida Coal Company, Inc. and the Secretary of Labor submitted an addendum describing their settlement of a civil penalty proceeding involving Oneida Mine No. 1. Under the agreement, the Secretary would change the negligence finding from moderate to none on Citation No. 3309235. The Secretary would also change the negligence finding from moderate to no finding on Citations Nos. 3110789 and 3110790. Oneida agreed to pay the penalty assessment, and the parties asked the judge to approve the settlement.

Decision snapshot

• Cited standards: None stated in the official addendum.
• Outcome: The parties moved for approval of a settlement that changed the negligence findings on three citations, with Oneida agreeing to pay the penalty assessment.
• Key point: The proposed settlement reduced or removed the negligence findings without changing the citation numbers identified in the addendum.

Full text (FMSHRC public release)

CCASE:
SOL V. ONEIDA COAL
DDATE:
199304
TTEXT:

Page 2

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                           APPENDIX TO DECISION

                         UNITED STATES OF AMERICA
           FEDERAL MINE SAFETY AND HEALTH REVIEW CORPORATION

LYNN MARTIN, Secretary of Labor, ) CIVIL PENALTY PROCEEDING
United States Department of Labor, )
)
)
Petitioner, ) Docket No. WEVA 92-986
v. ) No. 46-05243-03624
)
Oneida Coal Co., INC., ) Mine: Oneida Mine No. 1
) SOL No. 92-39276
)

                        ADDENDUM TO
                      JOINT MOTION FOR
                   APPROVAL OF SETTLEMENT

 This day came the parties, by counsel, and represented to

the Court that they have reached an agreement as to the issues to
dispute herein whereby the Secretary agrees to modify its finding
of.. negligence from "moderate" to "none" on Citation Number
3309235 and to modify its finding of negligence from "moderate"
to "no finding" on Citations Number 3110789 and 3110790 and
whereby Oneida Coal Company, Inc. agrees to pay the penalty
assessment. Wherefore, the parties hereby move the Court for
approval of their settlement.

   Dated this               day of March, 1993



                                W. Henry Lawrence IV
                                Counsel for Respondent
                                Oneida Coal., Co., Inc.


                                Glen M. Loos, Esquire
                                Department of Labor
                                4015 Wilson Boulevard, Room 516
                                Arlington, Virginia 22203
                                Counsel for Petitioner
                                Secretary of Labor