Ezel / Agency Decisions / KENT 84-149

Secretary of Labor v. Peabody Coal Company (ALJ decision, December 14, 1984)

Secretary of Labor v. Peabody Coal Company (FMSHRC KENT 84-149): Omitted $100 penalty added

Decision type
ALJ decision
Docket
KENT 84-149
Decided
December 14, 1984
Presiding judge
Gary Melick
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
29 C.F.R. § 2700.65(c)
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 decision, not Commission precedent
This amended 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 binding on the Commission in other cases. 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 an earlier civil penalty decision involving Peabody Coal Company's Camp No. 2 Mine. The November 20, 1984 decision had inadvertently left out the amount assessed for Citation No. 2338148. This order adds a $100 civil penalty for that citation and directs Peabody to pay it within 30 days. The amended order does not describe the underlying violation or identify its safety standard.

Decision snapshot

  • Cited standard(s): Commission Rule 65(c), 29 C.F.R. § 2700.65(c), on amended decisions; the underlying safety standard is not stated.
  • Outcome: The earlier decision amended to assess a $100 penalty for Citation No. 2338148.
  • Key point: The judge corrected an omitted penalty amount in the prior order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PEABODY COAL
DDATE:
19841214
TTEXT:

~2764

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. KENT 84-149
PETITIONER
A.C. No. 15-02705-03539
v.
Camp No. 2 Mine
PEABODY COAL COMPANY,
RESPONDENT

AMENDED DECISION AND ORDER

Before: Judge Melick

In the Decision and Order in the captioned civil penalty proceeding dated November 20, 1984, the amount of penalty assessed for the violation charged in Citation No. 2338148 was inadvertently omitted. Accordingly that Decision and Order is amended to direct the Peabody Coal Company to pay a civil penalty of $100 for the violation charged in Citation No. 2338148 within 30 days of the date of this amended decision. Commission Rule 65(c), 29 C.F.R. | 2700.65(c).

Gary Melick
Assistant Chief Administrative Law Judge

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