U. S. Steel Mining Company (ALJ decision, January 19, 1994)

Plain-English summary

U. S. Steel Mining Company and the Secretary resolved three civil penalty proceedings involving the Shawnee Mine. The judge approved a settlement that reduced the proposed total from $475 to $236, vacated two citations, and modified another citation to remove its significant-and-substantial finding. The judge ordered the company to pay $236 within 30 days. The order does not describe the underlying safety standards for the citations.

Decision snapshot

• Cited standards: None identified in the release.
• Outcome: The settlement was approved, two citations were vacated, one citation was modified, and a $236 penalty was ordered.
• Key point: The judge approved the parties' settlement after reviewing their representations, supporting documentation, and the hearing record.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U. S. STEEL MINING
DDATE:
19940119
TTEXT:

Page 2

~161

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 PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEVA 93-11
Petitioner : A. C. No. 46-05907-03655
v. :
: Docket No. WEVA 93-340
U. S. STEEL MINING COMPANY, : A. C. No. 46-05907-03685
INC.,
:
Respondent : Docket No. WEVA 93-368
: A. C. No. 46-05907-03688
:
: Shawnee Mine

DECISION APPROVING SETTLEMENT

Appearances: Javier I.Romanach, Esq., Office of the Solicitor, U. S. Department of Labor, Arlington, Virginia, for the Secretary;
Billy M. Tennant, Esq., Pittsburgh, Pennsylvania, for Respondent.

Before: Judge Maurer

These cases are before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). An evidentiary hearing in these matters was held on November 18, 1993, in Beckley, West Virginia. At the conclusion of that hearing, the parties filed a motion to approve a settlement agreement and to dismiss these cases.

The citations, initial assessments, and the proposed settlement amounts are as follows:

PROPOSED
PROPOSED
CITATION NO. ASSESSMENT SETTLEMENT

WEVA 93-11

         3738158                     $   136             $   136

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WEVA 93-340

3579354
189
50(Footnote 1)

WEVA 93-368

      3976690                     50               50
      3976694                     50               Vacated
      3578514                     50               Vacated

TOTAL $ 475 $ 236

I have considered the representations and documentation submitted in these cases, as well as the testimony contained in the record of proceedings, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that respondent pay a penalty of $236 within 30 days of this order.

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)

Billy M. Tennant, Esq., 600 Grant Street, Room 1580, Pittsburgh, PA 15219-4776 (Certified Mail)

dcp
___
1/ Citation No. 3579354 is modified to delete the "significant and substantial" finding.