Judge Rejects Recent Settlements Between Secretary and Operators

By Ellen Smith If your company is looking to settle a case for MSHA citations that were initially contested, have all of the justifications in place for any significant penalty reduction, or be ready for protracted proceedings to get approval from a Commission judge.ALJ William Moran recently rejected two settlements where the attorney for the Secretary refused to voluntarily produce…

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‘Reckless Disregard’ Finding Upheld for Failing to Report Injury

By Ellen Smith Signal Peak Energy in Musselshell County, Mont., was found to have acted with “reckless disregard” when it failed to immediately report an accident where a miner sustained serious injuries. The Commission fined the operator $60,000 – the statutory maximum fine allowed under the Mine Act at the time the accident occurred on Dec. 23, 2009.  

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Penalties Cut Where Contractor Was Responsible for Housekeeping

By Ellen Smith ALJ David Barbour upheld eight citations issued against Northshore Mining Co.’s mine in Silver Bay, Minn., and vacated one guarding citation for lack of fair notice. The Secretary and company settled 25 additional violations stemming from multiple inspections that occurred between January 2013 and August 2013 for fines totaling $27,626, down from MSHA’s $79,023 in proposed penalties.…

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POV Violates Due Process, ALJ Rules; Denies Motion for Emergency Stay

ALJ William Moran dismissed a Pattern of Violations charge against Patriot Coal’s Brody Mining on Nov. 1, stating that the POV charge is a violation of due process. The Judge called the POV process “patently unfair, almost rigged,” and said that companies do not know what evidence to present for their defense.

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