Ezel / Agency Decisions / CENT 84-48-M

Secretary of Labor v. Cargill, Inc. (ALJ decision, May 30, 1985)

Secretary of Labor v. Cargill, Inc. (FMSHRC CENT 84-48-M): Power line clearance citation settled

Decision type
ALJ decision
Docket
CENT 84-48-M
Decided
May 30, 1985
Presiding judge
Paul Merlin
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 C.F.R. § 57.12-30 30 C.F.R. § 57.12-45
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 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 for this docket. 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 cited Cargill after finding that 4,160-volt power lines at its Bell Isle operation had 11 feet of clearance where 15 feet were required. The citation was changed from one electrical standard to another before settlement. The Secretary said the company had recently rewired the lines, was unaware of the short clearance, and roped off the area immediately after learning of it. Chief Administrative Law Judge Paul Merlin approved settlement for the original $119 assessment and dismissed the case because the penalty had been paid.

Decision snapshot

  • Cited standards: The citation changed from 30 C.F.R. § 57.12-30 to 30 C.F.R. § 57.12-45.
  • Outcome: $119 settlement approved; case dismissed after payment.
  • Key point: The operator paid the original assessment after promptly restricting access to the low-clearance area.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CARGILL, INC.
DDATE:
19850530
TTEXT:
~780
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 84-48-M
PETITIONER
A.C. No. 16-00246-05524
v.
Bell Isle
CARGILL, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a Motion to Approve Settlement Agreement in the above-referenced matter. At issue is one violation originally assessed at $119. Settlement is proposed for the original amount.

Citation No. 2236542 was issued for violation of 30 C.F.R.
57.12-30, later modified to 30 C.F.R. 57.12-45 because the 4160 volt powerlines at one point has an 11 foot clearance instead of the 15 feet required by the National Electric Code. The Solicitor represents that the operator had just rewired the powerlines and was not aware of the clearance. Negligence and gravity were moderate. The Solicitor further represents that the operator is a very safety conscious company, and upon being advised of the hazard immediately roped off the area to prevent entry.

I hereby accept the Solicitor's representations and Approve the settlement.

ORDER

The operator having paid the penalty, this case is DISMISSED.

Paul Merlin
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