Secretary of Labor v. American Rock Salt Company

Plain-English summary

American Rock Salt asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.

Decision snapshot

• Cited authority: None
• Outcome: The final penalty assessment was reopened and remanded for further proceedings.
• Key point: The Commission granted the operator's unopposed reopening motion without providing additional factual analysis.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH     

ADMINISTRATION
(MSHA)        

v.

AMERICAN
ROCK SALT COMPANY LLC

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Docket
No. YORK 2019-0068-M

A.C.
No. 30-03255-484824

BEFORE: Rajkovich,
Chairman; Althen and Traynor, 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. (2018) (“Mine Act”). The Commission has received a motion from the
operator seeking to reopen a penalty assessment which had become a final order
of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).
The Secretary of Labor states that he does not oppose the motion.

Having reviewed movant’s unopposed
motion to reopen, we reopen this matter and remand it to the Chief
Administrative Law Judge for further proceedings pursuant to the Mine Act and
the Commission’s Procedural Rules, 29 C.F.R. Part 2700. Consistent with Rule
28, the Secretary shall file a petition for assessment of penalty within 45
days of the date of this order. See 29 C.F.R. § 2700.28.

/s/ Marco M. Rajkovich, Jr.

Marco
M. Rajkovich, Jr., Chairman

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Arthur R. Traynor, III

Arthur R. Traynor, III, Commissioner

Distribution (e-mail):

Thomas
A. DeSimon

Harris
Beach PLLC

99
Garnsey Road

Pittsford,
NY 14534

[email protected]

Emily
Scott, Esq.

Office
of the Solicitor

[email protected]

Chief
Administrative Law Judge Glenn Voisin

Federal
Mine Safety & Health Review Commission

[email protected]

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

[email protected]