Ezel / Agency Decisions / 91-1

Harman Mining Company (ALJ decision, March 31, 1992)

Harman Mining Company (FMSHRC Master Docket 91-1): Settlement approved and penalties reduced to $9,360

Decision type
ALJ decision
Dockets
91-1, VA 91-270-R through VA 91-287-R, VA 91-536
Decided
March 31, 1992
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 C.F.R. § 70.209(b) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1992
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision approving a settlement, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Harman Mining faced nine alleged respirable-dust violations at the Greenbrier No. 1 Mine. The parties disputed whether the violations resulted from deliberate conduct and agreed to reduce the total proposed penalties from $11,700 to $9,360. Judge James A. Broderick approved the settlement under the Mine Act's penalty criteria, ordered payment within 30 days, and dismissed the contest proceedings.

Decision snapshot

  • Governing provisions: 30 C.F.R. § 70.209(b); 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, total penalties were reduced to $9,360, and the contest proceedings were dismissed.
  • Key point: The judge approved the negotiated penalty reduction after considering the disputed negligence and deliberate-conduct allegations.

Full text (FMSHRC public release)

CCASE:
HARMAN MINING V. SOL (MSHA)
DDATE:
19920331
TTEXT:

Page 2

~520
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

HARMAN MINING COMPANY
CONTEST PROCEEDING(S)
CONTESTANT
v. Master Docket No. 91-1
DOCKET NOS. VA 91-270-R
SECRETARY OF LABOR,
through VA 91-287-R
MINE SAFETY AND HEALTH
Citation Nos. 9861336
ADMINISTRATION
through No. 9861344
RESPONDENT
Mine: Greenbrier No. 1

SECRETARY OF LABOR,
PENALTY PROCEEDING(S)
MINE SAFETY AND HEALTH
ADMINISTRATION
Master Docket No. 91-1
PETITIONER
DOCKET NO. VA 91-536
v. A.C. No. 44-06259-03556D

HARMAN MINING CORPORATION
Mine: Greenbrier No. 1
RESPONDENT

DECISION APPROVING SETTLEMENT
ORDER OF DISMISSAL
Before: Judge Broderick

On March 26, 1992, the Secretary filed a motion to approve a settlement between the parties in the above cases. The cases involve nine alleged violations of 30 C.F.R. 70.209(b), each of which was originally assessed at $1,300. The Secretary continued to assert that the violations resulted from a deliberate act, which is denied by the mine operator. The degree of negligence is disputed, and the parties agree to the reduction in the total penalties from $11,700 to $9,360.

I have considered the motion in light of the criteria in 110(i) of the Act and conclude that it should be approved.

Accordingly, the settlement motion is APPROVED. The operator is ordered to pay within 30 days of the date of this order the sum of $9,360 for the violation(s) charged in these proceedings.

Page 3

~521
IT IS FURTHER ORDERED that the contest proceedings are DISMISSED.

James A. Broderick
Administrative Law Judge

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