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CONSOLIDATION COAL COMPANY
January 3, 1997
WEVA 94-235-R
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
January 3, 1997
CONSOLIDATION COAL COMPANY, : CONTEST PROCEEDING
Contestant :
v. : Docket No. WEVA 94-235-R
: Citation No. 3101220;
: 4/19/94
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH : Robinson Run No. 95 Mine
ADMINISTRATION (MSHA), : Mine ID 46-01318
Respondent :
DECISION AFTER REMAND
This contest proceeding, arises under section 105 of the
Federal Mine Safety and Health Act 1977 (the Act) (30 U.S.C.
� 815) and involves the validity of a citation issued pursuant to
section 104(a) of the Act. The citation alleges that
Consolidation Coal Company (Consol) violated mandatory safety
standard 30 C.F.R. � 75.342(b)(2) and that the violation was a
significant and substantial contribution to a mine safety hazard.
Consol maintains it did not violate the standard.
The matter was assigned to Commission Administrative Law
Judge Arthur Amchan who scheduled an expedited hearing. At the
hearing, the Secretary moved to amended the citation to one
issued pursuant to section 104(d)(2) of the Act (30 U.S.C.
� 814(d)(2)) and to add to the citation a finding of
unwarrantable failure.
In a decision on the merits, (Consolidation Coal Company,
16 FMSHRC 1241 (June 1994)), Judge Amchan held that Consol did
not violate section 75.342(b)(2). The standard requires methane
monitors on longwall face equipment to give warning signals
when methane concentrations reach 1.0 percent and that the
warning signal devices be visible to persons who can
deenergize the equipment. The judge concluded Consol's method
of compliance provided "equivalent protection" to the standard
(16 FMSHRC 1245). Accordingly, the judge vacated the citation.
The Secretary sought and was granted review. On review, the
Commission held that the evidence established a clear violation
of the standard (Consolidation Coal Company, 18 FMSHRC
___(November 4, 1996)). Therefore, the Commission reinstated
the citation and remanded the case for consideration of
the Secretary's motion to modify the citation to a section
104(d)(2) order and for the assessment of a civil penalty 18
FMSHRC ___ (November 4, 1996) (Slip Op. 5). (On remand, the
case was reassigned to me, as Judge Amchan had left the
Commission.)
Subsequent to the Commission's decision, the parties entered
into settlement negotiations. As a result, the Secretary
has withdrawn his motion to modify the citation. Further,
the Secretary and Consol have agreed that a civil penalty of
$204 is appropriate for the violation of section 75.342(b)(2).
Finally, the parties have agreed that the settlement in no
way affects "[Consol's] right to appeal the Commissions's
decision . . . once that decision becomes final" (Motion to
Enter Order Assessing
Civil Penalty 2).
Having considered the proposed settlement in light of the
statutory civil penalty criteria and the purposes of the Act, I
find it is reasonable and in the public interest.
Accordingly, the motion is GRANTED and the settlement is
APPROVED.
ORDER
Consol is ORDERED to pay a civil penalty of $204 for the
violation of section 75.342(b)(2) as set forth in Citation
No. 3101220, dated April 19, 1994. Payment shall be made to
MSHA within 30 days of the date of this decision. Upon receipt of
full payment, this proceeding is DISMISSED.
David Barbour
Administrative Law Judge
Distribution:
Elizabeth Chamberlin, Esq., CONSOL, Inc., Consol Plaza,
1800 Washington Road, Pittsburgh, PA 15241-1421 (Certified Mail)
Robert S. Wilson, Esq., Office of the Solicitor, U. S. Department
ofLabor, 4015 Wilson Boulevard, Suite 516, Ballston Towers
No. 3, Arlington, VA 22203 (Certified Mail)
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