Ezel / Agency Decisions / CENT 85-10-M

Secretary of Labor v. Texas Mining Company (ALJ decision, May 30, 1985)

Secretary of Labor v. Texas Mining Company (FMSHRC CENT 85-10-M): $36 access citation settled

Decision type
ALJ decision
Docket
CENT 85-10-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. § 56.11-1
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 Texas Mining Company for an unsafe step between a stairway and a work platform at its Voca Pit and Plant. The parties proposed to settle the citation for the original $36 assessment. The Secretary reported that the operator immediately raised the stairway landing to match the platform. Chief Administrative Law Judge Paul Merlin approved the agreement and dismissed the case because the penalty had been paid.

Decision snapshot

  • Cited standard: 30 C.F.R. § 56.11-1, safe access to a working place.
  • Outcome: $36 settlement approved and case dismissed after payment.
  • Key point: The operator corrected the platform access problem immediately and paid the original assessment.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. TEXAS MINING
DDATE:
19850530
TTEXT:
~772
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 85-10-M
PETITIONER
A.C. No. 41-01003-05501

v. Voca Pit & Plant

TEXAS MINING COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Parties have filed a Stipulation and Motion to Approve Settlement Agreement in the above-referenced matter. At issue is one violation originally assessed at $36. Settlement is proposed for the original amount.

Citation No. 2232600 was issued for violation of 30 C.F.R.
56.11-1, for failure to provide a safe means of access to a working place. The Solicitor represents that the inclined stairway which runs alongside the sand classifier is separated by a 15 inch step from the platform upon which the employee stands while servicing the classifier. Negligence and gravity were moderate. The Solicitor further represents that the operator abated the citation immediately by raising the stairway landing so that it was level with the platform.

The operator is small with no recorded violation in the preceding 24 month period.

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

ORDER

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

Paul Merlin
Chief Administrative Law Judge

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