Ezel / Agency Decisions / BARB 77-45-P

Secretary of Labor v. Peabody Coal Company (Commission decision, January 29, 1979)

Peabody Coal Company (FMSHRC BARB 77-45-P): Loose-rib violation and $8,000 penalty upheld

Decision type
Commission decision
Docket
BARB 77-45-P
Decided
January 29, 1979
Outcome
Citations affirmed
Precedential status
Citable Commission precedent
Checked against source
2026-10-23
Cited standards
30 C.F.R. § 75.202
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1979, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1979
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.
Decision of the Commission
This final decision of the Federal Mine Safety and Health Review Commission affirmed the judge's violation finding and $8,000 penalty. It may have been appealed to a U.S. Court of Appeals under 30 U.S.C. § 816; check subsequent history before relying on it. 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

A judge found Peabody Coal in violation of the mine standard requiring overhanging or loose faces and ribs to be removed or supported and assessed an $8,000 penalty. Peabody argued that the term "rib" covered only ribs made of coal and challenged the penalty as too high. The Commission rejected that narrow reading because it would undermine protection in underground roadways, travelways, and working places. It affirmed the judge's decision and order, including the $8,000 penalty.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.202.
  • Outcome: Violation affirmed and $8,000 penalty upheld.
  • Key point: The standard's word "rib" was not limited to coal ribs.

Full text (FMSHRC public release)

CCASE:
SOL V. PEABODY COAL
DDATE:
19790129
TTEXT:

~1

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
January 29, 1979

SECRETARY OF LABOR,
Docket No. BARB 77-45-P v.

PEABODY COAL COMPANY,
DECISION

On October 11, 1978, the Commission granted a Petition for Discretionary review filed by Peabody Coal Company. Peabody asserts that Administrative Law Judge John F. Cook erroneously found Peabody to have violated 30 CFR $75.202, and that the $8,000 penalty assessed by the Judge is too high. We hereby affirm the Judge's decision and order.

The standard requires that "overhanging or loose faces and ribs shall be taken down or supported." We are of the opinion that Judge Cook correctly concluded that Peabody violated this requirement. The term "rib" as used in the standard is broad enough to cover the factual situation presented here. Peabody's contention would limit the required support or removal to ribs consisting solely of coal. This interpretation of the standard would frustrate its purpose which is to provide safety to the miners in all active underground roadways, travelways and working places.

IT IS SO ORDERED.

Jerome R. Waldie, Chairman

Richard V. Backley, Commissioner

A. E. Lawson Commissioner

--- Page 2

Marian Pearlman Nease, Commissioner

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