FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE, NW
SUITE 9500
WASHINGTON, DC 20001
July 24, 2008
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) v. DENISON MINES (USA) CORP. |
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Docket No. WEST 2008-992-M A.C. No. 05-03153-142037 Docket No. WEST 2008-993-M No. 05-01197-145611 Docket No. WEST 2008-994-M No. 05-03780-145617 Docket No. WEST 2008-995-M No. 42-00470-142235 |
BEFORE: Duffy, Chairman; Jordan, Young, and Cohen, Commissioners
ORDER
BY THE COMMISSION:
This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2000) (“Mine Act”).
On May 12, 2008, the Commission received from Denison
Mines (USA) Corp. (“Denison”) a letter seeking to reopen four penalty assessments that had
become final orders of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C.
§ 815(a).
Under section 105(a) of the Mine Act, an operator who wishes to contest a proposed penalty must notify the Secretary of Labor no later than 30 days after receiving the proposed penalty assessment. If the operator fails to notify the Secretary, the proposed penalty assessment is deemed a final order of the Commission. 30 U.S.C. § 815(a).
On February 28, 2008, the Department of Labor’s Mine Safety and Health Administration (“MSHA”) issued Proposed Assessment Nos. 000142037, and 000142235 to Denison, proposing civil penalties for various citations. On April 3, 2008, MSHA issued Proposed Assessment Nos. 000145611 and 000145617, proposing penalties for other citations. In its request for relief, Denison states that it believed that it would be able to “discuss/contest” the citations during a meeting in Denver in April. It further explains that “[a]s this did not occur, we are later than we had planned on our response.” The Secretary states that she does not oppose the reopening of the proposed assessments.
Having reviewed Denison’s request and the Secretary’s response, in the interests of justice, we remand this matter to the Chief Administrative Law Judge for a determination of whether good cause exists for Denison’s failure to timely contest the penalty proposals and whether relief from the final orders should be granted. If it is determined that such relief is appropriate, this case shall proceed pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700.
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Michael F. Duffy, Chairman
____________________________________
Mary Lu Jordan, Commissioner
____________________________________
Michael G. Young, Commissioner
____________________________________
Robert F. Cohen, Jr., Commissioner
Distribution:
James A. Fisher
General Mine Superintendent
Denison Mines (USA) Corporation
9244 W. Highway 141
P.O. Box160, Egnar, CO 81325
W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., Room 2220
Arlington, VA 22209-2296
Myra James, Chief
Office of Civil Penalty Compliance
MSHA
U.S. Department of Labor
1100 Wilson Blvd., 25th Floor
Arlington, VA 22209-2296
Chief Administrative Law Judge Robert J. Lesnick
Federal Mine Safety & Health Review Commission
601 New Jersey Avenue, N.W., Suite 9500
Washington, D.C. 20001-2021