Ezel / Agency Decisions / CENT 83-9

Secretary of Labor (MSHA) v. Turner Brothers, Inc. (ALJ decision, March 22, 1984)

Secretary of Labor (MSHA) v. Turner Brothers, Inc. (FMSHRC CENT 83-9 and CENT 83-13): Penalty order corrected to $1,070

Decision type
ALJ decision
Dockets
CENT 83-9, CENT 83-13
Decided
March 22, 1984
Presiding judge
Gary Melick
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 1984 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 1984
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 amendment under the Mine Act's 40-day rule
This order corrects a clerical mistake in an earlier final ALJ decision. No Commissioner directed review of this correction within 40 days under 30 U.S.C. § 823(d)(1). 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

Judge Gary Melick amended his December 12, 1983 final decision in two civil penalty proceedings against Turner Brothers. He identified a clerical mistake in the order and replaced its penalty paragraph. The corrected order requires Turner Brothers to pay $1,070 within 30 days of the decision. This short amendment does not identify the underlying citations or revisit their merits.

Decision snapshot

  • Cited standards: None stated in this amendment.
  • Outcome: Earlier penalty order corrected to require payment of $1,070 within 30 days.
  • Key point: The order fixes a clerical mistake in the final decision's penalty paragraph.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TURNER BROTHERS
DDATE:
19840322
TTEXT:
~721

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 83-9
PETITIONER
A.C. No. 34-01317-03502
v.

TURNER BROTHERS, INC.,
Docket No. CENT 83-13
RESPONDENT
A.C. No. 34-01317-03503

Heavener No. 1 Mine

ORDER AMENDING DECISION

Appearances: Allen Reid Tilson, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas, for Petitioner;
Robert J. Petrick, Esq., Turner Brothers, Inc., Muskogee, Oklahoma, for Respondent.

Before: Judge Melick

The final decision issued in these proceedings on December 12, 1983, is hereby amended to correct a clerical mistake, Commission Rule 65(c), 29 C.F.R. | 2700.65(c). Accordingly, the Order on page 8 is corrected to read as follows:

"In accordance with the Decision in this case, Turner Brothers, Inc., is hereby ordered to pay civil penalties of $1,070 within 30 days of the date of this decision."

Gary Melick
Assistant Chief Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace