Ezel / Agency Decisions / kent-92-712-alj
FMSHRC ALJ decision Docket KENT 92-712, KENT 93-170 Decided July 7, 1993 Settled Judge Avram Weisberger Transcribed from scan

Woodland Hills Mining Company and Broken Hill Mining Company

Woodland Hills Mining Company and Broken Hill Mining Company (FMSHRC KENT 92-712 and KENT 93-170): Settlement approved

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This order from 1993 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 1993
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 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.
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

Woodland Hills Mining Company and Broken Hill Mining Company faced civil penalty proceedings under the Mine Act. At the hearing, the parties reported that they had reached settlement agreements and proposed reducing a $486 penalty to $200. Judge Avram Weisberger found the settlement appropriate under section 110(i) of the Act, granted the motion, and ordered the respondent to pay $486 within 30 days.

Decision snapshot

  • Cited standards: The order does not identify specific Mine Act standards.
  • Outcome: The settlement motion was granted, and payment of $486 was ordered within 30 days.
  • Key point: The ALJ approved the settlement after finding it met the Mine Act's section 110(i) criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COWWrSSION

                                                               OFFICEOFADMINISTRATIVELAW                                                     JUDGES
                                                                                                                                                •     •

                                                                                2     SKYLINE,                10th            FLOOR
                                                                                     5203         LEESBURG                PiKE
                                                                     FALLS            CHURCH,                VIRGINIA                  22041


                                                                                    JUL 7                     1993

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 92-712
Petitioner A.C. No. 15-16801-03509

                               V.                                                                                             No.            1        Mine

WOODLAND HILLS MINING COMPANY,
Respondent

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 93-170
Petitioner A.C. No. 15-15637-03541

                               Vl                                                                                             No.           1         Mine

BROKEN HILL MINING COMPANY,
Respondent

                                                                                             DECISION

Appearances: Mary Sue Taylor, Esq., U.S. Department of Labor,
Office of the Solicitor, Nashville, Tennessee,
for Petitioner;
Mr. Hobart W. Anderson, Broken Hill Mining
Company, and Woodland Hills Mining, Ashland,
Kentucky for Respondent.

Before: Judge Weisberger
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). The cases were scheduled for
hearing on June 16, 1993, in Huntington, West Virginia. At the
hearing, the parties appeared and advised that they had reached a
settlement covering the matters at issue. Petitioner made a
motion to approve settlement agreements and to dismiss these
cases. A reduction in penalty from $486 to $200 is proposed. I
have considered the representations and documentation submitted
in this case, and I conclude that the proffered settlement is
appropriate under the criteria set forth in Section ll0(i) of the
Act.

                                                                                                             1316

          WHEREFORE,                       the           motion            for      approval              of       settlement                   is     GRANTED,
                                                                                                       penalty            of         $486       within      30

and it is ORDERED that Respondent pay
days of this order.

                                                                                         Avram
                                                                                               •        Weisberger
                                                                                                                  •//
                                                                                         Administrative                         Law          Judge

Distribution:

Mary Sue Taylor, Esq., office of the Solicitor, U. S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN

37215 (by Fascimile and Regular Mail)

Mr. Hobart W. Anderson, President, Broken Hill Mining Company,
P.O. Box 989, Ashland, KY
and Woodland Hills Mining Company Inc.,
41105 (by Fascimile and Regular Mail)

nb

                                                                                           1317

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