Ezel / Agency Decisions / cent-85-61-m-alj
FMSHRC ALJ decision Docket CENT 85-61-M, CENT 85-103-M, CENT 85-110-M Decided November 13, 1986 Settled Judge Michael A. Lasher, Jr.

Homestake Mining Company

Homestake Mining Company (FMSHRC CENT 85-61-M, CENT 85-103-M, and CENT 85-110-M): Settlement approved with one citation vacated

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This order from 1986 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 1986
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. 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

Homestake Mining Company and the Secretary asked the ALJ to approve a settlement covering three civil penalty proceedings. The settlement kept a $3,000 assessment for Citation 2097485, reduced the assessment for Citation 2097236 from $4,000 to $2,000, and vacated Citation 2097499 as unsupportable. The judge noted that the reduced penalty involved a violation resulting in a fatality, but the parties agreed that negligence was low and that the death resulted from an unanticipated task performed contrary to company policy. The respondent was ordered to pay $5,000 within 30 days.

Decision snapshot

  • Cited standards: None stated in the settlement order.
  • Outcome: The settlement was approved, one citation was vacated, one penalty was reduced, and $5,000 was ordered paid.
  • Key point: An ALJ may approve a settlement that reduces or vacates individual penalty matters after considering the parties' explanation and the record.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HOMESTAKE MINING
DDATE:
19861113
TTEXT:

Page 2

~1764

        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 85-61-M
PETITIONER A.C. No. 39-00055-05540

      v.                            Docket No. CENT 85-103-M
                                    A.C. No. 39-00055-05548

HOMESTAKE MINING COMPANY,
RESPONDENT Docket No. CENT 85-110-M
A.C. No. 39-00055-05549

                                    Homestake Mine

                 DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 Upon Petitioner's motion for approval of a proposed

settlement and the same appearing proper, the settlement is
approved.

The terms of the settlement are as follows:

A. Docket No. CENT 85Ä61ÄM

    Citation No.       Assessment    Settlement
      2097485            $3,000       $3,000

B. Docket No. CENT 85Ä103ÄM
    2097236           $4,000          $2,000

C. Docket No. CENT 85Ä110ÄM
    2097499           $1,000          Vacated
                                    (Unsupportable)

 The reduction of the penalty for Citation No. 2097236 in

CENT 85Ä103ÄM appears justified, even though the violation
resulted in a fatality. The parties agree that the degree of
Respondent's negligence was "low" rather than "moderate" and that
the miner's death resulted from his unanticipated performance of
a chore normally accomplished on another shift and that he did
such in a way contrary to company policy. Accordingly, this
compromise is approved.

Page 3

~1765
Respondent, if it has not previously done so, is ordered to pay
to the Secretary of Labor within 30 days from the date hereof the
sum of $5,000.00.

                   Michael A. Lasher, Jr.
                   Administrative Law Judge

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