CCASE:

SOL (MSHA) V. HELVETIA COAL & KEYSTONE COAL MINING

DDATE:

19790314

TTEXT:
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 Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)

 Office of Administrative Law Judges

SECRETARY OF LABOR, Civil Penalty Proceedings

MINE SAFETY AND HEALTH

ADMINISTRATION MSHA), Docket No. PITT 79-12-P

(PETITIONER A/O No. 36-00917-03001

v. Lucerne No. 6 Mine

HELVETIA COAL COMPANY, Docket No. PITT 79-5-P

RESPONDENT A/O No. 36-05038-03001

KEYSTONE COAL MINING CORP., Margaret No. 11 Mine

RESPONDENT

 DECISION

 The above-captioned cases are petitions for the assessment

of civil penalties. Each petition is for the assessment of an

alleged violation of 30 CFR 50.20.

 The parties have filed Joint Stipulations of Fact. From the

stipulations it appears that in PITT 79-5-P an assistant mine

foreman slipped and fell and fractured his arm while chipping ice

on a slope outside the mine and that in PITT 79-12-P an assistant

mine foreman while building a brattice wall, picked up a concrete

block, slipped and injured his back.

 The alleged violations are due to the operator's failure to

fill in lines 5 thru 12 of Form 7000-1 with respect to the

foregoing occurrences. Lines 5 thru 12 of the form deal with

information regarding accidents. The operator contends that since

these occurrences were not accidents under the regulations it did

not have to complete these lines. The Solicitor argues that the

receipt of such information is necessary for MSHA to properly

discharge its responsibilities.
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 Part 50 of the regulations sets forth inter alia the reporting

requirements for accidents, occupational injuries and

occupational illnesses. Section 50.2 sets forth a list of

definitions for terms "as used in this Part" including inter

alia:

 * * *

 (e) "Occupational injury" means any injury to a miner

 which occurs at a mine for which medical treatment is

 administered, or which results in death or loss of

 consciousness, inability to perform all job duties on

 any day after an injury, temporary assignment to other

 duties, or transfer to another job.

 * * *

 (h) "Accident" means,

 (1) A death of an individual at a mine;

 (2) An injury to an individual at a mine which has

 a reasonable potential to cause death;

 (3) An entrapment of an individual for more than

 thirty minutes;

 (4) An unplanned inundation of a mine by a liquid

 or gas;

 (5) An unplanned ignition or explosion of gas or

 dust;

 (6) An unplanned mine fire not extinguished within

 30 minutes of discovery;

 (7) An unplanned ignition or explosion of a

 blasting agent or an explosive;

 (8) An unplanned roof fall at or above the

 anchorage zone in active workings where roof bolts

 are in use; or an unplanned roof or rib fall in

 active workings that impairs ventilation or

 impedes passage;

 (9) A coal or rock outburst that causes withdrawal

 of miners or which disrupts regular mining

 activity for more than one hour;
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 (10) An unstable condition at an impoundment, S

 refuse pile, or culm bank which requires emergency

 action in order to prevent failure, or which causes

 individuals to evacuate an area; or, failure of an

 impoundment, refuse pile, or culm bank;

 (11) Damage to hoisting equipment in a shaft or

 slope which endangers an individual or which

 interferes with use of the equipment for more than

 thirty minutes;

 (12) An event at a mine which causes death or

 bodily injury to an individual not at the mine at

 the time the event occurs.

 * * *

 In his brief the Solicitor admits that what happened in

these cases did not constitute an "accident" within the meaning

of the quoted definition. Moreover, on Form 7000-1 questions 5

thru 11 are under a heading entitled "Accident information."

 It is clear that the term "accident" is a word of art which

has a specific meaning and which by the express terms of section

50.2 applies to all of Part 50. Accordingly, the Solicitor's

admission that these cases do not involve "accidents" as defined

in section 50.2(h) is dispositive. Since no "accidents" were

involved, the reporting requirements in section 50.20 for

"accidents" do not apply.

 I have carefully considered the Solicitor's argument that

the definition of "accident" is not for the purpose of completing

the forms but for the purpose of identifying what occurrences

must be promptly reported to MSHA for possible investigation. I

cannot accept this interpretation because it is contrary to the

terms of the regulations which as already noted, expressly make

the definitions applicable to Part 50 in its entirety. I also

have reviewed the Solicitor's representation that it is necessary

for MSHA to receive the information in question. If this is so,

it would be a simple matter to amend the regulations so that MSHA

can obtain this data.

 In light of the foregoing, I conclude that no violations

existed and that therefore no penalties can be assessed in these

cases.
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 ORDER

 It is hereby ORDERED that the petitions for assessment of

civil penalties filed herein be DISMISSED.

 Paul Merlin

 Assistant Chief Administrative Law Judge