Ezel / Agency Decisions / CENT 80-306-M

Kaiser Cement Corporation (ALJ decision, January 21, 1982)

Kaiser Cement Corporation (FMSHRC CENT 80-306-M): Errata removes $100 penalty

Decision type
ALJ decision
Dockets
CENT 80-306-M, CENT 80-354-M
Decided
January 21, 1982
Presiding judge
Forrest E. Stewart
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1982 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 1982
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 correction, not Commission precedent
This errata removed a $100 assessment that the earlier decision had listed for a dismissed citation and changed the total payment order to $300. Under the 40-day rule in 30 U.S.C. § 823(d)(1), an ALJ decision becomes the Commission's final decision if no timely review is directed. No later Commission review of these dockets appears in the official index. This ALJ correction 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

Judge Forrest E. Stewart corrected the payment order in Kaiser Cement Corporation's two consolidated civil penalty proceedings. The earlier decision had dismissed Citation No. 172311 for inadequate proof but mistakenly included a $100 assessment for it in the penalty list. This errata deleted that assessment and ordered Kaiser to pay $300 within 30 days of the corrected order.

Decision snapshot

  • Cited standard: None stated in this errata.
  • Outcome: Erroneous $100 assessment deleted; total payment order reduced from $400 to $300.
  • Key point: A citation dismissed for insufficient proof cannot carry the $100 assessment mistakenly listed in the earlier order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KAISER CEMENT
DDATE:
19820121
TTEXT:
~81

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceedings
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 80-306-M
PETITIONER
A/O No. 41-00038-05007
v.
Docket No. CENT 80-354-M
AISER CEMENT CORPORATION,
A/O No. 41-00038-05008-I
RESPONDENT
Longhorn Cement Plant

ERRATA

This is to correct a typographical error on Page 14 of the decision and order. An assessment of $100 was shown for Citation No. 172311, included in a list of four Citations, and Respondent was ordered to pay a total sum of $400. This assessment is deleted since Citation No. 172311 was dismissed because of inadequacy of proof as discussed on Pages 8 and 9 of the decision.

The order is amended to read "Respondent is ORDERED to pay Petitioner the sum of $300 within 30 days of the date of this order".

Forrest E. Stewart
Administrative Law Judge

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