Secretary of Labor v. J.R. Vinagro Corporation

Plain-English summary

A proposed assessment for one of nine citations issued during a fatality investigation was placed with other investigation papers instead of being sent to J.R. Vinagro's new safety director. The director learned in late February that this and two other assessment forms were delinquent. Vinagro responded by requiring every assessment to be logged, tracked, and immediately emailed to the safety director. The company had filed no other reopening motions in the previous two years, and the Secretary did not oppose relief. The Commission found an administrative error, reopened the assessment, and remanded the case.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(a); 30 C.F.R. § 100.7
• Outcome: The final assessment was reopened and the case was remanded.
• Key point: A documented one-time handling error, followed by concrete tracking controls, supported reopening.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON,
D.C. 20004‑1710

SECRETARY OF LABOR, :

MINE SAFETY AND HEALTH
:

ADMINISTRATION (MSHA)
:

:

                    v.

: Docket No. YORK 2023-0064

: A.C. No. 37-00243-567271

J.R. VINAGRO CORPORATION :

BEFORE: Jordan, Chair; Althen, Rajkovich, Baker, and
Marvit, 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”). On March 28, 2023, the Commission received from
J.R. Vinagro Corporation (“Vinagro”) a motion seeking to reopen a penalty assessment
that had become a final order of the Commission pursuant to section 105(a) of
the Mine Act, 30 U.S.C.

§ 815(a).

Under
section 105(a), 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).

We
have held, however, that in appropriate circumstances, we possess jurisdiction
to reopen uncontested assessments that have become final Commission orders
under section 105(a). Jim Walter Res., Inc ., 15 FMSHRC 782, 786-89 (May
1993) (“ JWR ”). In evaluating requests to reopen final orders, the
Commission has found guidance in Rule 60(b) of the Federal Rules of Civil
Procedure, under which the Commission may relieve a party from a final order of
the Commission on the basis of mistake, inadvertence, excusable neglect, or
other reason justifying relief. See 29 C.F.R. § 2700.1(b) (“the
Commission and its Judges shall be guided so far as practicable by the Federal
Rules of Civil Procedure”); JWR , 15 FMSHRC at 787. We have also observed
that default is a harsh remedy and that, if the defaulting party can make a
showing of good cause for a failure to timely respond, the case may be reopened
and appropriate proceedings on the merits permitted. See Coal Prep. Servs.,
Inc ., 17 FMSHRC 1529, 1530 (Sept. 1995).

The Department of Labor’s Mine Safety and Health Administration (“MSHA”)
indicates that the proposed assessment was delivered to the operator on December
2, 2022. The assessment became a final order of the Commission on January 6,
2023.

Vinagro states that the underlying citation was one of nine
citations issued during a fatality investigation at the mine. When the related assessment
arrived, Vinagro’s staff opened it and placed it with other papers and notes
from the accident investigation. Vinagro’s new Safety Director, who is
responsible for determining which violations will be contested, was not
informed that the assessment had been received. The safety director learned of
the delinquent assessment in late February 2023 when he received an email from
Vinagro’s Payroll Administrator informing him that three assessment forms for
three different sites were delinquent. To prevent reoccurrence of this mistake,
Vinagro has mandated that all assessments be logged upon receipt, tracked, and
immediately emailed to its Safety Director for determinations. Vinagro has not filed any other motions to reopen
with the Commission in the last two years. The Secretary does not oppose the request to reopen but urges the
operator to take steps to ensure that future penalty contests are timely filed in accordance with MSHA’s regulations at 30 C.F.R. §
100.7 and the Commission’s procedural rules.

Having
reviewed J.R. Vinagro’s request and the Secretary’s response, we find that due
to an administrative error, the penalty assessment was not timely contested. In
the interest of justice, we hereby 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. Accordingly,
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/ Mary Lu Jordan

Mary Lu Jordan, Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z. Marvit

Moshe Z. Marvit, Commissioner

Distribution:

Mark E. Heath, Esq.

Spilman Thomas & Battle,
PLLC

300 Kanawha Boulevard, East

Post Office Box 273

Charleston, WV 25321-0273

[email protected]

April Nelson, Esq.

Associate Solicitor

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and
Health

201 12th Street South, Suite
401

Arlington, VA 22202

[email protected]

Emily Toler Scott, Esq.

Counsel for Appellate
Litigation

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and
Health

201 12th Street South, Suite
401

Arlington, VA 22202

[email protected]

Melanie Garris

USDOL/MSHA, OAASEI/CPCO

201 12th Street South, Suite 401

Arlington, VA 22202

[email protected]

Chief Administrative Law
Judge Glynn F. Voisin

Federal Mine Safety Health Review Commission

Office of the Chief
Administrative Law Judge

1331 Pennsylvania Avenue, NW Suite 520N

Washington, DC 20004-1710

[email protected]