Ezel / Agency Decisions / KENT 83-171

Secretary of Labor v. Incoal, Incorporated (ALJ decision, November 9, 1984)

Secretary of Labor v. Incoal, Incorporated (FMSHRC KENT 83-171 and KENT 83-240): Original assessment corrected to $64,000

Decision type
ALJ decision
Dockets
KENT 83-171, KENT 83-240
Decided
November 9, 1984
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
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 correction, not Commission precedent
This order corrects one sentence in the judge's earlier settlement decision. It was subject to Commission review under the 40-day rule in 30 U.S.C. § 823(d)(1) and is not Commission precedent. The full text below is from the official FMSHRC November 1984 bluebook, page 2529.
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Judge James A. Broderick corrected one sentence of his October 31, 1984 decision approving a settlement involving Incoal's No. 11 Mine. The corrected sentence says the nine violations were originally assessed at a total of $64,000. This order does not state a new settlement amount or change the payment terms. The agency detail page for this correction links to a PDF containing a different case; the text below comes from the agency's November 1984 bluebook.

Decision snapshot

  • Cited standards: None identified in this correction.
  • Outcome: Earlier settlement decision corrected to state an original assessment of $64,000 for nine violations.
  • Key point: The correction concerns the original proposed assessment, not a new penalty award.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

NOV 9 1984

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 83-171
Petitioner
A/O No. 15-02290-03508
v.
Docket No. KENT 83-240
INCOAL, INCORPORATED,
A.C. No. 15-02290-03512
Respondent
No. 11 Mine

CORRECTION TO DECISION APPROVING SETTLEMENT

Before: Judge Broderick

A decision approving settlement was issued in the above cases on October 31, 1984. The wording of the decision should be corrected as follows:

Page 2, paragraph 7, the first sentence should read as follows:

Thus, the nine violations were originally assessed at a total amount of $64,000.

James A. Broderick
Administrative Law Judge

Distribution:

Edward H. Fitch, Esq., Office of the Solicitor, U.S.
Department of Labor, 4015 Wilson Boulevard, Arlington,
VA 22203 (Certified Mail)

Robert I. Cusick, Esq., Wyatt, Tarrant & Combs,
2600 Citizens Plaza, Louisville, KY 40202 (Certified Mail)

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