Ezel / Agency Decisions / KENT 91-1352-D

South EAST Coal Company, Inc. (ALJ decision, December 4, 1991)

South EAST Coal Company, Inc. (FMSHRC KENT 91-1352-D): Settlement approved with reduced penalty and damages

Decision type
ALJ decision
Docket
KENT 91-1352-D
Decided
December 4, 1991
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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

South East Coal Company was the respondent in a discrimination proceeding brought by the Secretary of Labor on behalf of Charles Scott Howard II. The Secretary moved to approve a settlement and dismiss the case. Judge Gary Melick approved the settlement, which reduced the proposed civil penalty from $1,500 to $400 and required payment of $327 in damages to Howard. The company was ordered to pay both amounts within 30 days.

Decision snapshot

  • Cited authority: Federal Mine Safety and Health Act of 1977
  • Outcome: The settlement was approved, the civil penalty was reduced to $400, and $327 in damages was awarded to the complainant.
  • Key point: The judge approved the proposed settlement after considering the parties' representations and supporting documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SOUTH EAST COAL
DDATE:
19911204
TTEXT:

Page 2

~1881
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 91-1352-D
ON BEHALF OF
CHARLES SCOTT HOWARD II,
No. 404 Mine
COMPLAINANT
v.

SOUTH EAST COAL COMPANY, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Melick

This case is before me upon a Complaint of Discrimination in which the Secretary has also filed a petition for assessment of civil penalty under the Federal Mine Safety and Health Act of 1977. The Complainant, Secretary has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $1,500 to $400 and payment of damages of $327 to the individual Complainant, Charles Scott Howard, is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a civil penalty of $400 to the Secretary of Labor and damages of $327 to Charles Scott Howard, within 30 days of this order.

Gary Melick
Administrative Law Judge

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