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MSHA News Release: [02/06/2006]
Contact Name: Dirk
Fillpot
Phone Number: (202) 693-4676
Release Number:
06-0211-ATL
MSHA Files Precedent-Setting Suit to Force Payment of
Penalties
Injunction Sought Directly against Company
Owner
PIKEVILLE, Ky. — The U.S. Mine Safety and Health
Administration (MSHA) today filed an unusual and precedent-setting lawsuit in
the U.S. District Court for the Eastern District of Kentucky, seeking an
injunction against mine operators who have chronically failed to pay assessed
civil money penalties for violations of the Mine Act. The suit names both the
mining company and its controlling owner.
"We will use every tool at our disposal to go after operators that
refuse to pay their penalties for mine safety violations, and that includes
holding the people who control them personally responsible," said David G. Dye,
acting administrator for the mine safety and health administration. "The
authority to assess and collect penalties is crucial to MSHA's mission of
protecting miners' safety and health. We asked Congress to dramatically
increase the penalties we can assess for egregious safety violations, and
today's lawsuit demonstrates that we are serious about exercising our authority
to the full extent of the law."
MSHA assessed numerous civil money penalties against Misty Mountain
Mining and Midgard Mining for safety and health violations at the following
sites:
Coal Mine No. 1 in 2003 and 2004 — $6,998; Coal Mine No. 2 from
2003 through 2005 — $36,201; Coal Mine No. 4 in 2004 and 2005 —
$28,524; and Coal Mine No. 5 in 2004 and 2005 — $4,207. MSHA also assessed
penalties against Midgard Mining in 2005 at its Mine No. 1 for $3,620 and Mine
No. 2 (formerly Misty Mountain Mine No. 1) for $1,333. All mines are located in
Pike County, Ky.
In October 2005, Misty Mountain Mining and Stanley Osborne — who
owns both Misty Mountain Mining and Midgard Mining — were ordered by an
administrative law judge for the Federal Mine Safety and Health Review
Commission to pay $10,000 in civil money penalties for discharging and
discriminating against four miners who worked for Misty Mountain. This decision
is currently under appeal.
The complaint filed by MSHA today asks that the operators be enjoined
from failing to pay penalties for future violations of the Mine Safety and
Health Act and be required to post a bond with the court to guarantee future
compliance with the law.
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