Ezel / Agency Decisions / KENT 85-165

Secretary of Labor (MSHA) v. BJD Coal Company, Inc. (ALJ decision, January 2, 1986)

Secretary of Labor (MSHA) v. BJD Coal Company, Inc. (FMSHRC KENT 85-165 and KENT 85-197): Full proposed penalties approved

Decision type
ALJ decision
Dockets
KENT 85-165, KENT 85-197
Decided
January 2, 1986
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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 settlement approval 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

MSHA brought two civil penalty cases against BJD Coal Company, Inc. concerning its No. E-1 Mine. The company agreed to pay the full $2,140 in proposed penalties. Judge Gary Melick approved the joint settlement after considering the submitted materials under the Mine Act's penalty criteria. He ordered BJD to pay within 30 days and specified that none of the payment could come from the estate of the deceased Jimmy Dale Hamilton. The decision does not identify the alleged violations or their safety standards.

Decision snapshot

  • Cited standards: The decision does not identify the safety standards; it cites Mine Act sections 105(d) and 110(i).
  • Outcome: Joint settlement approved; BJD ordered to pay $2,140 within 30 days.
  • Key point: The full proposed penalty was assigned to the company, with the named deceased person's estate expressly protected from payment.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BJD COAL
DDATE:
19860102
TTEXT:
~23

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 85-165
PETITIONER
A.C. No. 15-12081-03530
v. Docket No. KENT 85-197
A.C. No. 15-12081-03531
BJD COAL COMPANY, INC.,
RESPONDENT
No. EÄ1 Mine

DECISION APPROVING SETTLEMENT

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a joint motion to approve settlement agreements and to dismiss the cases. Respondent has agreed to pay the proposed penalties of $2,140 in full. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay penalties of $2,140 within 30 days of this order. No amount of these penalties shall be taken from nor detracted from the estate of the deceased Jimmy Dale Hamilton.

Gary Melick
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