FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

7 PARKWAY CENTER

875 GREENTREE ROAD, SUITE 290

PITTSBURGH, PA 15220

TELEPHONE: (412)920-7240

FAX:(412)928-8689

October 17, 2012

SHAMOKIN FILLER COMPANY, INC.,
Contestant,

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Respondent.

SHAMOKIN FILLER COMPANY,

INC.,

Contestant,

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Respondent.

SHAMOKIN FILLER COMPANY, INC.,
Contestant,

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Respondent.

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Petitioner,

SHAMOKIN FILLER COMPANY, INC.,
Respondent.

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Petitioner,

SHAMOKIN FILLER COMPANY, INC.,
Respondent.

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Petitioner,

WILLIAM ROSINI, employed by

SHAMOKIN FILLER COMPANY, INC.,
Respondent.

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CONTEST PROCEEDINGS

Docket No. PENN 2009-736-R
Citation No. 7011691; 08/12/09

Docket No. PENN 2009-737-R
Citation No. 7011692; 08/12/09

Docket No. PENN 2009-738-R
Citation No. 7011693; 08/13/09

Docket No. PENN 2009-739-R
Citation No. 7010952; 08/20/09

Docket No. PENN 2009-740-R
Citation No. 7011695; 08/25/09

Docket No. PENN 2009-741-R
Citation No. 7011696; 08/25/09

Docket No. PENN 2009-742-R
Citation No. 7011697; 08/25/09

Docket No. PENN 2009-763-R
Citation No. 7011699; 08/27/09

Docket No. PENN 2009-776-R
Citation No. 7011700; 08/31/09

Docket No. PENN 2009-777-R
Citation No. 7011781; 08/12/09

Docket No. PENN 2009-778-R
Citation No. 7011782; 08/31/09

Docket No. PENN 2009-779-R
Citation No. 7011783; 08/31/09

Docket No. PENN 2009-780-R
Citation No. 7011784; 09/01/09

Docket No. PENN 2010-59-R
Order No. 7011795; 10/21/09

Docket No. PENN 2010-60-R
Order No. 7011796; 10/21/09

Docket No. PENN 2010-146-RM
Citation No. 7009795; 11/17/09

Docket No. PENN 2010-147-RM
Citation No. 7009796; 11/17/09

Docket No. PENN 2010-354-R
Citation No. 7000087; 03/04/10

Docket No. PENN 2010-377-R
Citation No. 7012104; 03/08/10

Docket No. PENN 2010-387-R
Citation No. 7012105; 03/09/10

Docket No. PENN 2010-577-R
Citation No. 7012685; 06/21/10

Docket No. PENN 2010-589-R
Citation No. 7012687; 06/23/10

Docket No. PENN 2010-650-R
Citation No. 7012120; 07/15/10

Docket No. PENN 2010-651-R
Citation No. 7012441: 07/15/10

Docket No. PENN 2010-652-R
Citation No. 7012442; 07/15/10

Docket No. PENN 2010-653-R
Citation No. 7012443; 07/15/10

Docket No. PENN 2010-654-R
Citation No. 7012669; 07/15/10

Docket No. PENN 2010-655-R
Citation No. 7012670; 07/15/10

Docket No. PENN 2010-656-R
Citation No. 7012671; 07/15/10

Docket No. PENN 2010-657-R
Citation No. 7012672; 07/15/10

Docket No. PENN 2010-658-R
Citation No. 7012673; 07/16/10

Docket No. PENN 2010-669-R
Citation No. 7012674; 07/16/10

Mine ID: 36-02945
Mine: Carbon Plant

CIVIL PENALTY PROCEEDINGS

Docket No. PENN 2009-825
A.C. No. 36-02945-197364

Docket No. PENN 2009-775
A.C. No. 36-02945-194224

Docket No. PENN 2010-63
A.C. No. 36-02945-200482

Docket No. PENN 2010-191
A.C. No. 36-02945-206331

Docket No. PENN 2010-275-M
A.C. No. 36-02945-208680

Docket No. PENN 2010-291
A.C. No. 36-02945-209018

Docket No. PENN 2010-381
A.C. No. 36-02945-213119

Docket No. PENN 2010-465
A.C. No. 36-02945-216876

Docket No. PENN 2010-515
A.C. No. 36-02945-219682

Docket No. PENN 2010-745
A.C. No. 36-02945-229176

Docket No. PENN 2011-16
A.C. No. 36-02945-232342

Docket No. PENN 2011-104
A.C. No. 36-02945-238543

Docket No. PENN 2011-189
A.C. No. 36-02945-244057

Mine: Carbon Plant

CIVIL PENALTY PROCEEDING

Docket No. PENN 2011-129
A.C. No. 36-02945-241465-A

Mine: Carbon Plant

FINAL DECISION AND ORDER

Appearances: Jessica R. Brown, Esq., Office of the Solicitor, Department of Labor, Suite 630E, The Curtis Center, 170 S. Independence Mall West, Philadelphia, Pennsylvania for the Petitioner

Adele L. Abrams, Esq., CMSP, and Diana R. Schroeher, Esq., Law Office of Adele L. Abrams, P.C., 4740 Corridor Place, Suite D, Beltsville, Maryland for Respondent

Before: Judge Lewis

Pursuant to the Parties’ Joint Motion for Final Decision in the above captioned matter, the undersigned Administrative Law Judge hereby enters the following Final Decision and Order.

Respondent has requested a hearing on the citations, orders and associated civil penalties contained in these dockets in accordance with the provisions of section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (“Mine Act”) and 29 C.F.R. § 2700.50 et seq. Respondent’s central objection to the citations is that the Mine Safety and Health Administration (“MSHA”) lacks jurisdiction over Respondent’s Carbon Plant in Shamokin, Pennsylvania.

On October 27 and 28, 2010, the undersigned held an evidentiary hearing limited to the issue of jurisdiction and concluded that MSHA has jurisdiction over the Carbon Plant. The undersigned also granted the Secretary’s motion in limine and denied Respondent’s motion to compel evidence related to other facilities that Respondent claimed were similar to its Carbon Plant and that is asserted MSHA and the Solicitor’s Office had determined were not mines subject to regulation under the Mine Act.

Respondent filed an interlocutory appeal with the Commission urging the Commission to reverse the jurisdictional and evidentiary determinations, and the Commission granted interlocutory review. On August 28, 2012, the Commission affirmed the jurisdictional and evidentiary rulings and remanded the case for a hearing in accordance with its decision.

On remand, the parties agree that the remaining issues related to each citation can be addressed through stipulations. The stipulations allow for a final agency order to be issued so that Respondent can seek judicial review of the Commission’s interlocutory decision in the Court of Appeals.

I have reviewed the stipulations and explanations of the parties and agree that the modifications and proposed penalties contained in the stipulations are an appropriate basis for issuing a final decision in these cases. Pending judicial review of the Commission’s determination that MSHA has jurisdiction over Respondent’s Carbon Plant, the gravity, negligence and penalty amounts of the following citations are stipulated to by the parties as follows:

PENN 2009-775

Citation No.

Gravity

Negligence

Proposed Penalty

Penalty/Rationale

7011370

104(a)

§ 71.208(a)

Non-S&S, Unlikely, No Lost Workdays

Moderate

$100.00

Remains as issued and assessed.

1 Citation, $100.00 as initially issued

1 Citation, $100.00

PENN 2009-825

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7011691 104(a) § 77.204	S&S, Reasonably Likely, Permanently Disabling	Moderate	$946.00	Remains as issued, penalty reduced to $760.00 *Respondent offered evidence that the location of the cited starter box was such that the miners were infrequently in the area where the box was located, thus reducing the likelihood of injury.
7011692 104(a) § 77.1103(d)	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$127.00	Modify to low negligence, penalty reduced to $100.00 *Respondent offered evidence that the weeks, grass and underbrush surrounding the gasoline storage tank and nature gas service line were not significantly overgrown, thus reducing its negligence in failing to keep the cited area free of weeds, grass and underbrush.
7011693 104(a) § 77.1605(b)	Non-S&S, Unlikely, Lost Workdays	Moderate	$127.00	Remains as issued and assessed.
3 Citations, $1,200.00 as initially issued.				3 Citations, $987.00, as modified.

PENN 2010-63

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7001013 104(a) § 77.505	Non-S&S, Unlikely, No Lost Workdays	Moderate	$100.00	Remains as issued and assessed.
7001014 104(a) § 77.502	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$585.00	Remains as issued and assessed
7001015 104(a) § 77.516	Non-S&S, Unlikely, No Lost Workdays	Moderate	$334.00	Modify to low negligence, penalty reduced to $154.00 *Respondent offered evidence that the conduit which was cited for not being in the breaker box had fallen out after the last electrical examination, thus reducing its negligence.
7001016 104(a) § 77.502	Non-S&S, Unlikely, No Lost Workdays	Moderate	$392.00	Remains as issued and assessed.
7001017 104(a) § 77.701	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Low	$100.00	Remains as issued and assessed.
7001018 104(a) § 77.502	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$585.00	Modify to low negligence, penalty reduced to $270.00 *Respondent offered evidence that the exposed leads in the cited plug were not exposed at the time of the last electrical examination, thus reducing its negligence.
7001019 104(a) § 77.505	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$127.00	Remains as issued and assessed.
7001020 104(a) § 77.502	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$585.00	Modify to low negligence, penalty reduced to $270.00 *Respondent offered evidence that the cited cord was not damaged at the time of the last electrical examination, thus reducing its negligence.
7011981 104(a) § 77.516	Non-S&S, Unlikely, No Lost Workdays	Moderate	$334.00	Remains as issued, penalty reduced to $234.00 *This reduction is warranted on the grounds that the negligence was somewhat less than initially determined as the cited opening was only 3/4" in size.
7010952 104(a) § 77.208(a)	Non-S&S, Unlikely, No Lost Workdays	Moderate	$308.00	Remains as issued, penalty reduced to $262.00 *This reduction is warranted on the grounds that the dust sample was invalid for failure to properly complete the sampling process not for exceeding the respirable dust exposure limits.
7011695 104(a) § 77.205(a)	S&S, Reasonably Likely, Lost Workdays or Restricted Duty	Moderate	$634.00	Remains as issued and assessed.
7011696 104(a) § 77.207	S&S, Reasonably Likely, Lost Workdays or Restricted Duty	Moderate	$2,106.00	Remains as issued, penalty reduced to $1,791.00 *This reduction is warranted on the grounds that the negligence was somewhat less than initially determined as the poor lighting in the area was a recent development.
7011697 104(a) § 77.400(d)	S&S, Reasonably Likely, Permanently Disabling	Moderate	$946.00	Remains as issued, penalty reduced to $757.00 *This reduction is warranted on the grounds that the negligence was somewhat less than initially determined as there was no evidence that management personnel were in the area of the dryer at the time the gate was found open.
7011699 104(a) § 77.400(a)	S&S, Reasonably Likely, Lost Workdays or Restricted Duty	Moderate	$2,106.00	Remains as issued, penalty reduced to $1,700.00 *This reduction is warranted on the grounds that the negligence was somewhat less than initially determined as the unguarded screw conveyor had only been constructed one week prior to the inspection.
7011700 104(a) § 77.207	S&S, Reasonably Likely, Lost Workdays or Restricted Duty	Moderate	$2,106.00	Modify to low negligence, penalty reduced to $971.00 *Respondent offered evidence that the cited light bulb worked during the previous shift, thus reducing its negligence
7011781 104(a) § 77.207	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$425.00	Remains as issued and assessed.
7011782 104(a) § 77.207	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$425.00	Remains as issued and assessed
7011783 104(a) § 77.207	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$425.00	Modify to low negligence, penalty reduced to $212.00 *Respondent offered evidence that the cited light worked during the previous shift, thus reducing its negligence.
7011784 104(a) § 77.1713	Non-S&S, No Likelihood, No Lost Workdays	Moderate	$100.00	Remains as issued and assessed.
19 Citations, $12,723.00, as initially issued.				19 Citations, $9,509.00, as modified.

PENN 2010-191

Citation/ Order No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7009791 104(a) § 41.12	Non-S&S, No Likelihood, No Lost Workdays	High	$100.00	Modify to moderate negligence, penalty remains as issued *Respondent offered evidence that since the day to day management of the Carbon Plant has not changed, it did not realize there was an obligation to notify MSHA in writing of the change in mine ownership.
7012003 104(a) § 77.207	S&S, Reasonably Likely, Lost Workdays or Restricted Duty	Moderate	$224.00	Remains as issued and assessed.
7009792 104(g)(1) Order § 48.25(a)	S&S, Reasonably Likely, Fatal	High	$2,341.00	Modify to permanently disabling, penalty reduced to $1,052.00 *Respondent offered evidence that the lack of new miner training was more likely to result in a permanently disabling injury than a fatal accident, thus reducing the injury or illness reasonably expected.
7009793 104(g)(1) Order § 48.25(a)	S&S, Reasonably Likely, Fatal	High	$4,099	Modify to permanently disabling, penalty reduced to $1,842.00 *Respondent offered evidence that the lack of complete adequate training was more likely to result in a permanently disabling injury than a fatal accident, thus reducing the injury or illness reasonably expected.
7009794 104(a) § 48.24(b)	S&S, Reasonably Likely, Lost Workdays or Restricted Duty	High	$1,111.00	Remains as issued and assessed.
3 Citations and 2 Orders, $7,875.00, as initially issued.				3 Citations and 2 Orders, $4,329.00, as modified.

PENN 2010-275

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7009795 104(a) § 50.20(a)	Non-S&S, No Likelihood, No Lost Workdays	High	$100.00	Remains as issued and assessed.
7009796 104(a) § 50.20(a)	Non-S&S, No Likelihood, No Lost Workdays	High	$100.00	Remains as issued and assessed.
2 Citations, $200.00, as initially issued.				2 Citations, $200.00.

PENN 2010-291

Citation/ Order No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7011792 104(d)(1) Citation § 71.202(a)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$16,867.00	Remains as issued, penalty reduced to $11,807 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time period were within permissible limits.
7011795 104(d)(1) Order § 71.205(b)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$18,742.00	Remains as issued, penalty reduced to $9,731.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time period were within permissible limits.
7011796 104(d)(1) Order § 71.205(c)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$18,742.00	Remains as issued, penalty reduced to $9,371.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time period were within permissible limits.
7011797 104(d)(1) Order § 71.204(d)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$18,742.00	Remains as issued, penalty reduced to $12,930.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time period were within permissible limits.
1 Citation and 3 Orders, $73,093.00, as initially issued.				1 Citation and 3 Orders, $43,479.00, as modified.

PENN 2010-381

Order No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7011793 104(d)(1) Order § 71.209(c)	Non-S&S, No Likelihood, No Lost Workdays	Reckless Disregard	$2,200.00	Remains as issued and assessed.
7011794 104(d)(1) Order § 71.209(a)	Non-S&S, No Likelihood, No Lost Workdays	Reckless Disregard	$2,200.00	Remains as issued and assessed.
2 Orders, $4,400.00, as initially issued.				2 Orders, $4,400.00.

PENN 2010-465

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7000081 104(a) § 71.100	S&S, Reasonably Likely, Permanently Disabling	Moderate	$207.00	Remains as issued and assessed
7012104 104(a) § 77.400(a)	S&S, Reasonably Likely, Permanently Disabling	Moderate	$190.00	Remains as issued and assessed.
7012105 104(a) § 77.502	Non-S&S, Unlikely, Fatal	Moderate	$190.00	Modify to low negligence, penalty reduced to $100.00 *Respondent will offer evidence that the damaged junction box was in an isolated area reducing the likelihood that the damage would be observed and, therefore, reducing its negligence.
3 Citations, $597.00, as initially issued.				3 Citations, $497.00, as modified.

PENN 2010-515

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7012106 104(a) § 77.310(b)	Non-S&S, Unlikely, No Lost Workdays	Moderate	$100.00	Remains as issued and assessed.
7012107 104(a) § 77.310(d)	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$100.00	Remains as issued and assessed.
2 Citations, $200.00, as initially issued.				2 Citations, $200.00.

PENN 2010-745

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7012685 104(a) § 77.501-2	Non-S&S, Unlikely, No Lost Workdays	Moderate	$100.00	Remains as issued and assessed.
7012687 104(a) § 77.502	S&S, Reasonably Likely, Fatal	Moderate	$285.00	Remains as issued and assessed.
7012669 104(a) § 77.207	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$100.00	Remains as issued and assessed.
7012670 104(a) § 77.516	Non-S&S, Unlikely, No Lost Workdays	Low	$100.00	Remains as issued and assessed.
7012671 104(a) § 77.516	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$100.00	Remains as issued and assessed.
7012120 104(a) § 77.410(c)	S&S, Reasonably Likely, Permanently Disabling	Moderate	$127.00	Modify to low negligence, penalty reduced to $100.00. *Respondent offered evidence that the forklift had just begun operating on the day it was cited, and the backup alarm worked when it was last operated, thus reducing its negligence.
7012441 104(a) § 77.1606(a)	S&S, Reasonably Likely, Permanently Disabling	Moderate	$127.00	Remains as issued and assessed.
7012442 104(a) § 77.505	Non-S&S, Unlikely, Fatal	Moderate	$100.00	Remains as issued and assessed.
7012443 104(a) § 77.502	Non-S&S, Unlikely, Fatal	Moderate	$100.00	Remains as issued and assessed.
7012672 104(a) § 77.502	S&S, Reasonably Likely, Fatal	Moderate	$285.00	Remains as issued and assessed.
7012673 104(a) § 77.207	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$100.00	Remains as issued and assessed.
7012674 104(a) § 77.502	Non-S&S, Unlikely, Lost Workdays or Restricted Duty	Moderate	$100.00	Remains as issued and assessed.
12 Citations, $1,624.00, as initially issued.				12 Citations, $1,597.00, as modified.

PENN 2011-16

Citation No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7012445 104(a) § 77.400(a)	Non-S&S, Unlikely, Permanently Disabling	Moderate	$100.00	Remains as issued and assessed.
7012444 104(a) § 77.312	Non-S&S, Unlikely, Permanently Disabling	Moderate	$100.00	Remains as issued and assessed.
2 Citations, $200.00, as initially issued.				2 Citations, $200.00.

PENN 2011-104

Citation No.

Gravity

Negligence

Proposed Penalty

Penalty/Rationale

7007198

104(a)

§ 77.1605(d)

S&S, Reasonably Likely, Lost Workdays or Restricted Duty

Moderate

$100.00

Remains as issued and assessed.

1 Citation, $100.00, as initially issued.

1 Citation, $100.00.

PENN 2011-189

Citation No.

Gravity

Negligence

Proposed Penalty

Penalty/Rationale

7007528

104(a)

§ 77.100

S&S, Reasonably Likely, Permanently Disabling

Moderate

$138.00

Remains as issued and assessed.

1 Citation, $138.00, as initially issued.

1 Citation, $138.00

PENN 2011-129, Secretary v. William Rosini, employed by Shamokin Filler Company

Citation/ Order No.	Gravity	Negligence	Proposed Penalty	Penalty/Rationale
7011792 104(d)(1) Citation § 71.202(a)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$3,100.00	Remains as issued, penalty reduced to $1,456.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time were within permissible limits and taking into account the lack of prior 110(c) penalties assessed against William Rosini.
7011795 104(d)(1) Order § 71.205(b)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$3,500.00	Remains as issued, penalty reduced to $1,036.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time were within permissible limits and taking into account the lack of prior 110(c) penalties assessed against William Rosini.
7011796 104(d)(1) Order § 71.205(c)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$3,300.00	Remains as issued, penalty reduced to $1,000.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time were within permissible limits and taking into account the lack of prior 110(c) penalties assessed against William Rosini.
7011797 104(d)(1) Order § 71.204(d)	S&S, Reasonably Likely, Permanently Disabling	Reckless Disregard	$3,500.00	Remains as issued, penalty reduced to $1,672.00 *This reduction is warranted on the grounds that the likelihood of injury was somewhat less than initially determined as all tests for respirable dust during this time were within permissible limits and taking into account the lack of prior 110(c) penalties assessed against William Rosini.
4 penalties pursuant to § 110(c), $13,400.00, as initially issued.				4 penalties pursuant to § 110(c), $5,164.00, as modified.

I accept the Secretary’s proposed modifications to the citations, orders and proposed penalties and issue this decision based upon the parties’ stipulations. I have considered the representations and documentation submitted and find that the modifications are reasonable and that the penalties proposed are appropriate under the criteria set forth in section 110(i) of the Mine Act. My decision reflects and incorporates the Commission’s August 29, 2012, interlocutory decision holding that MSHA has jurisdiction over Respondent’s Carbon Plant.

The parties have agreed that the penalties shall be stayed pending exhaustion of all appeals and final resolution of the jurisdictional issue. The parties have also agreed to bear their own attorney’s fees, costs and other expenses incurred within any stage of the above-referenced proceeding, including, but not limited to, attorney’s fees and costs which may be available under the Equal Access to Justice Act, as amended.

ORDER

The total amount assessed for the citations at issue in these dockets is $70,900.00. I affirm each citation as set forth above. Shamokin Filler Company, Inc., is hereby ORDERED to PAY the Secretary of Labor the sum of $70,900.00 for the sixty-one violations listed above. In accordance with the parties’ agreement, this Order shall be STAYED pending exhaustion of all appeals and final resolution of the jurisdictional issue.

/s/ John Kent Lewis

John Kent Lewis

Administrative Law Judge

Distribution:

Jessica R. Brown, Esq., Office of the Solicitor, U.S. Department of Labor, Suite 630E, The Curtis Center, 170 S. Independence Mall West, Philadelphia, PA 19106-3306

Adele L. Abrams, Esq., Law Office of Adele L. Abrams, P.C., 4740 Corridor Place, Suite D, Beltsville, MD 20705