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[DOCID: f:k94-521.wais]

 
GREEN COAL COMPANY
March 16, 1995
KENT 94-521


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                            March 16, 1995
                                  
SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDINGS
  MINE AND SAFETY AND HEALTH    :
  ADMINISTRATION (MSHA),        :  Docket No. KENT 94-521
               Petitioner       :  A.C. No. 15-16454-03552
                                :
           v.                   :  Henderson Mine No. 

GREEN COAL COMPANY,INC.,        :  Docket No. KENT 94-1249
               Respondent       :  A.C. No. 15-01982-03537
                                :
                                :  K-9 Mine

                             DECISION

Appearances:  Arthur J. Parks, Litigation Representative,
              Mine Safety and Health Administration, 
              Madisonville, Kentucky, in Docket No. KENT
              94-521, Donna E. Sonner, Esq., Office of the
              Solicitor, U.S. Department of Labor, 
              Nashville, Tennessee, in Docket No. KENT
              94-1249, for the Petitioner;
              James E. Curtis, Safety Director, Green Coal
              Company, Owensboro, Kentucky, for the
              Respondent.

Before:  Judge Feldman

     These proceedings concern petitions for assessment of
civil penalties filed by the Secretary of Labor against the
respondent corporation pursuant to section 110(a) of the 
Federal Mine Safety and Health Act of 1977 (the Act), 30 
U.S.C. § 820(a).  The petitions in these single citation 
docket cases sought to impose a total civil penalty of $559 
for the alleged violations of the cited mandatory safety 
standards.

     These matters were called for hearing on February 22, 
1995, in Owensboro, Kentucky.  At the commencement of the 
hearing, the parties informed me that they had reached a 
settlement. Litigation Representative Arthur J. Parks 
presented the settlement terms for the Secretary in Docket 
No. KENT 94-521. This proceeding concerns a proposed civil 
penalty of $431 for Citation No. 4056530 that cited an 
alleged significant and substantial violation of the 
mandatory safety standard in section 77.512, 30 C.F.R. 
§ 77.512.  This standard requires cover plates on electric 
equipment to be kept in place at all times.  The citation 
was issued because of an open door on a 60-amp circuit
breaker box at the de-watering pump motor starter cabinet.  
The parties agreed to $125 as a reduced penalty in 
satisfaction of this citation.

     Donna E. Sonner presented the settlement terms in 
Docket No. KENT 94-1249.  This docket proceeding involves 
Citation No. 4067042 issued for an alleged violation of 
section 72.620, 30 C.F.R. § 72.620, which requires the use 
of effective dust control measures when drilling at surface
mines.  The respondent was cited for failure to control 
coal dust because of malfunctioning flaps on the highwall 
drill.  The parties agreed to a reduction in penalty from 
$128 to $50.

     The reduction in penalty in these proceedings is based
upon the respondent's size and financial difficulties.  In 
this regard, the Secretary stipulated that the respondent 
be a medium size operator.  The respondent's Safetynb 
Director, James E. Curtis, testified that the company has 
recently ceased operation at one mine site resulting in the 
layoff of 80 people, and, that employment has been reduced 
from 148 to 120 at its other mine site.

     While a reduction in penalty in these proceedings from
$559 to $175 will not materially impact on the respondent's 
ability to pay the penalty or affect its ability to remain 
in business, I am not inclined to interfere with the parties'
agreement. Consequently, I conclude that the proffered 
agreement should be approved in that it is not inconsistent 
with the pertinent settlement criteria in Section 110(i) of 
the Act, 30 U.S.C. § 820(i).

                         ORDER

     In view of the above, the parties' motion to approve
settlement IS GRANTED.  Accordingly, IT IS ORDERED that the
respondent pay a total civil penalty of $175 in satisfaction
of the two citations in issue in these matters.  Payment is 
to be made to the Mine Safety and Health Administration 
within 30 days of the date of this decision.  Upon timely 
receipt of the $175 payment, Docket Nos. KENT 94-521 and 
KENT 94-1249 ARE DISMISSED.
              

                                Jerold Feldman
                                Administrative Law Judge
     
Distribution:

Arthur J. Parks, Litigation Representative, Mine Safety and 
Health Administration, 100 YMCA Drive, Madisonville, KY 42431
(Certified Mail)

Donna E. Sonner, Esq., Office of the Solicitor, U. S. 
Department of Labor, 2002 Richard Jones Road, Suite B-201, 
Nashville, TN 37215 (Certified Mail)

James E. Curtis, Safety Director, Green Coal Company, P.O. 
Box 841, Owensboro, KY 40962 (Certified Mail)

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