Ezel / Agency Decisions / CENT 81-63-M

Amax Lead Company of Missouri (ALJ decision, August 27, 1982)

Amax Lead Company of Missouri (FMSHRC CENT 81-63-M): Two citations settled for $64

Decision type
ALJ decision
Docket
CENT 81-63-M
Decided
August 27, 1982
Presiding judge
John J. Morris
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Cited standards
30 C.F.R. § 57.5-5
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 decision, not Commission precedent
This settlement order 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

MSHA and Amax Lead Company submitted a settlement of two citations under 30 C.F.R. § 57.5-5 at the Buick Mine. Each citation had carried a proposed $40 penalty, and the agreement reduced each to $32. Judge John J. Morris approved the settlement, affirmed both citations at the agreed amounts, and canceled the scheduled hearing. The order assessed $64 total.

Decision snapshot

  • Cited standard: 30 C.F.R. § 57.5-5.
  • Outcome: Both citations affirmed under the approved settlement, with $32 per citation and $64 total.
  • Key point: The judge approved the negotiated penalty reduction after reviewing the statutory penalty factors.

Full text (FMSHRC public release)

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
DOCKET NO. CENT 81-63-M
PETITIONER
v. MINE: Buick

AMAX LEAD COMPANY OF MISSOURI,
RESPONDENT

FINAL ORDER

The parties have filed a proposed settlement agreement. The contested citations and their proposed disposition are as follows:

30 C.F.R. Original Proposed
Citation No. Standards Assessment Disposition

544404            57.5-5          $40                 $32
544405            57.5-5           40                  32

The documentation filed herein presents facts required to be examined in assessing a civil penalty, 30 U.S.C. 820(i). I have analyzed this criteria and pursuant to 29 C.F.R. 2700.30 I approve the proposed settlement and enter the following:

ORDER

1. Citation 544404 and the proposed penalty of $32 are affirmed.

2. Citation 544405 and the proposed penalty of $32 are affirmed.

3. The hearing scheduled for November 9, 1982 is cancelled.

John J. Morris
Administrative Law Judge

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