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![handle is hein.usfed/fmshr1984 and id is 1 raw text is: CCASE:
SOL (MSHA) V. MATHIES COAL
DDATE:
19840106
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
January 6, 1984
SECRETARY OF LABOR,
ADMINISTRATION (MSHA) Docket No. PENN 82-3-R
PENN 82-15
V.
MATHIES COAL COMPANY
DECISION
This consolidated proceeding arises under the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. $ 801 et seq. (1976 & Supp. V
1981), and presents the question of whether a violation of 30 C.F.R.
$ 75.1403 was significant and substantial within the meaning of
Cement Division, National Gypsum Company, 3 FMSHRC 822 (April 1981).
The Commission's administrative law judge concluded that Mathies
CoalCompany (Mathies) violated the standard, that the violation was
significant and substantial, and assessed a penalty. 4 FMSHRC 1111
(June 1982)(ALJ). We granted Mathies' petition for discretionary
review, which challenges only the judge's significant and substantial
findings. For the reasons that follow, we affirm.
On September 22, 1981, during a spot inspection of Mathies'
underground coal mine, an inspector of the Department of Labor's
Mine Safety and Health Administration (MSHA) issued a citation
to Mathies under section 104(a) of the Mine Act, 30 U.S.C.
$ 814(a)(Supp. V 1981). The citation alleged a violation of
30 C.F.R. $ 75.1403, 1/ and stated:
1/ The portions of the standard involved in this citation are:
Section 75.1403, a statutory provision, which requires that
[o]ther safeguards adequate, in the judgment of
an authorized representative of the Secretary, to
minimize hazards with respect to transportation of
men and materials shall be provided;
Section 75.1403-1, which permits the Secretary's authorized
representative to require on a mine-by-mine basis, safeguards in
addition to those required in $$ 75.1403-2 through 75.1403-11; and
Section 75.1403-6(b)(3), which requires in part that each
track-mounted, self-propelled personnel carrier be equipped with
properly installed and well-maintained sanding devices....](ViewImageLocal?handle=hein.usfed/fmshr1984&div=1&collection=&method=preview&ext=.png&size=3)