Consolidation Coal Co. v. USDOL, 1999-MSA-10 (ALJ May 1,
2000)
U.S. Department of
Labor
Office of Administrative Law Judges 525 Vine Street, Suite
900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Date: May 1, 2000
Case No.: 1999-MSA-10
In the Matter of
CONSOLIDATION COAL COMPANY
concerning the REND LAKE MINE
Petitioner
v.
THE UNITED STATES DEPARTMENT OF LABOR
MINE SAFETY & HEALTH ADMINISTRATION
Respondent
and
UNITED MINE WORKERS OF AMERICA
Party-in-Interest
BEFORE: RUDOLF L. JANSEN
Administrative Law Judge
DECISION APPROVING SETTLEMENT AND ORDER OF DISMISSAL
This proceeding arises under Section 101(c) of the Federal Mine Safety and
Health Act of 1977, 30 U.S.C. § 911(c), and its implementing regulations found at 30 C.F.R.
Part 44. On February 18, 1999, Consolidation Coal Company (hereinafter Consolidation or
Petitioner) petitioned the Mine Safety and Health Administration for a modification of the
application of 30 C.F.R. § 75.1002 relating to mandatory safety standards. Following an
investigation, Respondent issued a Proposed Decision and Order on July 14, 1999. In its proposed
Order, Respondent concludes that the alternate method proposed by Petitioner pertaining to high
voltage cables will at all times guarantee no less than the same measure of protection afforded the
miners under 30 C.F.R. § 75.1002-1(a).
[Page 2]
In response to the Proposed Decision and Order, Consolidation requested
revisions to five conditions stated in the proposed decision. Subsequently on August 14, 1999,
Consolidation filed a partial appeal to the Proposed Decision and Order and requested a hearing on
its petition.
On April 20, 2000, Consolidation, the United Mine Workers of America and
the Administrator for Coal Mine Safety and Health submitted a Consent Agreement Between the
Parties which resolves the issues in dispute pertaining to the modification request of Consolidation.
As part of the consideration for the Consent Agreement, the Administrator has already issued an
Amended Proposed Decision and Order which reflects changes in the matters at issue which are
amenable to all parties. Those changes are reflected in Attachment A to the Consent Agreement
executed by the parties. Both the Consent Agreement and the Proposed Decision and Order are
incorporated herein by this reference.
The parties also agree that:
1. The record on which this Order is entered includes consideration of the
petition, the administrative record, the Proposed Decision and Order, and
the special terms and conditions incorporated into the Agreement;
2. Any rule or order issued in this proceeding has the same effect as if made after
a full hearing;
3. They waive any further procedural steps before the presiding Administra
tive Law Judge and the Assistant Secretary; and
4. The parties agree to waive any right to challenge or contest the validity
of the findings and Order made in accordance with the Agreement.
ORDER
I have carefully examined the Consent Agreement Between the Parties and the
Proposed Decision and Order of the Administrator for Coal Mine Safety and Health. Following that
review, I have concluded that the Consent Findings are consistent with the requirements of 30 C.F.R.
§ 44.27, and therefore, are accepted. The petition of Consolidation Coal Company in this
matter is therefore dismissed. This Order constitutes the final agency action.