Ezel / Agency Decisions / KENT 85-193

Secretary of Labor (MSHA) v. Melanie Coal Company, Inc. (ALJ decision, January 6, 1986)

Secretary of Labor (MSHA) v. Melanie Coal Company, Inc. (FMSHRC KENT 85-193): Settlement approved in six installments

Decision type
ALJ decision
Docket
KENT 85-193
Decided
January 6, 1986
Presiding judge
Joseph B. Kennedy
Outcome
Settled
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 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 a civil penalty case against Melanie Coal Company, Inc. concerning its No. 4 Mine. Judge Joseph B. Kennedy approved the parties' $3,692 settlement after his own review of the circumstances. He ordered the company to pay in six equal monthly installments beginning January 15, 1986, with the full amount due by June 15, 1986. The case would be dismissed after payment. The short decision does not identify the violations, the cited standards, or the original proposed penalty.

Decision snapshot

  • Cited standards: Not identified in this decision.
  • Outcome: $3,692 settlement approved, payable in six monthly installments; dismissal conditioned on payment.
  • Key point: The judge approved the agreed amount and set a six month payment schedule.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MELANIE COAL
DDATE:
860106
TTEXT:
~24

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 85-193
PETITIONER
A.C. No. 15-14443-03517

v. No. 4 Mine

MELANIE COAL COMPANY, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

Based on an independent evaluation and de novo review of the circumstances, I find CMI Richy D. Hamilton and the Assessment Office did a specially commendable job of enforcement in this case and that unlike many of the marginal proposals I receive this one is in full accord with the purposes and policy of the Act.

Accordingly, It is ORDERED that the motion to approve settlement be, and hereby is, GRANTED. It is FURTHER ORDERED that the operator pay the amount of the settlement agreed upon, $3,692, in six equal installments commencing January 15, 1986 and each month thereafter until the full amount is paid on or before June 15, 1986. Finally, it is ORDERED that subject to payment of the amount agreed upon the captioned matter be DISMISSED.

Joseph B. Kennedy
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