SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 2004-184
Petitioner : A.C. No. 36-00958-30409
v. :
:
EIGHTY FOUR MINING COMPANY, : Mine 84
Respondent :
| Appearances: | Brian Mohin, Esq., and Susan Jordan, Esq., U.S. Department of Labor, Office of the Solicitor, Philadelphia, Pennsylvania, on behalf of the Petitioner; R. Henry Moore, Esq., Jackson Kelly, PLLC, Pittsburgh, Pennsylvania, for the Respondent; |
| Before: | Judge Melick |
This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). During hearings the parties reached a settlement agreement. Petitioner vacated Order No. 7061085 and, following hearings, filed a motion to approve a settlement agreement as to the remaining charging documents. Modification of certain charging documents and a reduction in penalty to $85,000.00, have been proposed. I have considered the evidence at hearings and the representations and documentation submitted in this case and I conclude that the proffered settlement is acceptable 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 $85,000.00, within 40 days of this order.
Gary Melick
Administrative Law Judge
(202) 434-9977
Distribution:
Brian J. Mohin, Esq., Office of the Solicitor, U.S. Department of Labor, The Curtis Center, Suite 630E, 170 S. Independence Mall West, Philadelphia, PA 19106-3306
Susan Jordan, Esq., Office of the Solicitor, U.S. Department of Labor, The Curtis Center, Suite 630E, 170 S. Independence Mall West, Philadelphia, PA 19106-3306
R. Henry Moore, Esq., Jackson & Kelly, PLLC, Three Gateway Center, 401 Liberty Avenue, Suite 1340, Pittsburgh, PA 15222
/lh