In this case, Black Beauty concludes, the Secretary proffered no evidence showing a similarity Several factors weigh into the ALJ's analysis of whether a violation was “unwarrantable,” including the length of time the violation has existed, the extent of the violation, whether the violator was on notice that greater efforts were necessary for compliance, and whether the violator knew of and attempted to cure the violation. We also find no reason to disturb the ALJ's conclusion that Black Beauty's violation of § 77.1650(k) was significant and substantial. We conclude that substantial evidence supports the Commission's determination. Black Beauty argues that the past citations it faced for berm violations did not necessarily render it on notice of future violations. Only five days earlier another inspector had cited Black Beauty for inadequate berms at two locations along the bench. MINING METHOD. The Company's line of business includes mining for bituminous coal.
Peabody Midwest Mining, LLC 566 Dickeyville Road Lynnville, IN 47619 WARRICK-IN Tax ID / EIN: xx-xxx9736 aka Black Beauty Coal Company, LLC Represented By. Former Director Indiana Bureau of Mines, Human Resources/Safety Manager, Section Foreman and Mine Superintendent. Get 1 point on providing a valid sentiment to this Arthur M. Wolfson, Ralph H. Moore, II, Jackson Kelly PLLC, Pittsburgh, PA, for Petitioner. She decided that the presence of even one rubber-tired vehicle on the bench rendered it a roadway and mandated a berm. The Commission agreed with the ALJ's conclusion that the bench was a roadway when the citation was issued, though it disagreed with the ALJ's reasoning that the presence of a single rubber-tired vehicle on the bench rendered it a roadway. At the time Black Beauty was in the process of moving a dragline, a massive piece of excavating equipment, across a ledge cut into the side of the pit, called a “bench.” Each bench is used as a road to move vehicles and workers throughout the mine. Current status of the company is Active. Company is incorporated on16th April 2009. The lack of an adequate berm, the ALJ continued, created a risk that a truck would veer over the edge of the bench and down the steep incline. MINING METHOD. Start Your Free Trial *Contacts and Principals counts are estimates and may differ from the actual number of contacts available in D&B Hoovers. Principals. Black Beauty again sought review, but this time the Commission denied the request. Citation.Get 2 points on providing a valid reason for the above
While at the mining site, the inspector observed tire tracks on the bench and a truck parked near the dragline. Steven N. Cousins Armstrong, Teasdale LLP 7700 Forsyth Blvd, Suite 1800 St. Louis, MO 63105 (314) 621-5070 Email: scousins@armstrongteasdale.com Christopher R. LaRose Armstrong Teasdale LLP
Corporate Relations. Peabody Midwest Mining, LLC 566 Dickeyville Road Lynnville, IN 47619 WARRICK-IN Tax ID / EIN: xx-xxx9736 aka Black Beauty Coal Company, LLC Represented By. See who the company's key decision makers are. Peabody is a leading coal producer, serving customers in more than 25 countries on six continents. Company is incorporated on1st November 2006. Peabody Midwest Mining LLC. Mine Safety & Health Review Comm'n United States Court of Appeals, Seventh Circuit. Evansville, IN 47715 2007 – Present 13 years. That remnant, Black Beauty says, was higher than the mid-axle height of the largest vehicle on the bench, and so, the company concludes, it satisfied the requirement for a berm.
Current status of the company is Active. 155. The company's agentis CORPORATION SERVICE COMPANY, 251 E OHIO STREET, STE 500, INDIANAPOLIS, IN, 46204, USA The company's treasureris J. According to the inspector, the bench on which the dragline was being moved did “not have a berm for a distance of approximately 2/10 of a mile,” yet service trucks had been driven onto that stretch and within 18 feet of the edge. An inspector had been at Somerville five days earlier and issued two citations for berms that were too low, one stretching four tenths of a mile along a roadway descending into the mine pit and the other at a dumping location. PEABODY MIDWEST MINING, LLC is an entity registered at Indiana with company number 2009041700099. The ALJ determined that if a truck traveling on the bench was to swerve over the edge and fall to the surface below, it was at least reasonably likely that the occupants of that vehicle would sustain a serious or potentially fatal injury. PEABODY MIDWEST MINING, LLC is an entity registered at Indiana with company number 2009041700099. The citation that is the subject of this appeal was issued on September 11, 2007, at the Somerville Central Mine in Gibson County, Indiana. The company was incorporated in 2006 and is based in Evansville, Indiana. Black Beauty next contends that the ALJ's conclusion that the company violated § 77.1605(k) is not supported by substantial evidence because no witness testified that the bench lacked a berm.
Peabody Midwest Mining Llc can be contacted at (812) 743-2910. We review the Commission's factual findings for substantial evidence. That means the violation should have been obvious to Black Beauty. The company's agentis CORPORATION SERVICE COMPANY, 251 E OHIO STREET, STE 500, INDIANAPOLIS, IN, 46204, USA The company's treasureris J. Peabody Midwest Mining LLC* 6.