Ezel / Agency Decisions / LAKE 2000-64-M

Shelly Materials Inc. -- Ostrander Plant (ALJ decision, November 7, 2000)

Shelly Materials Inc. -- Ostrander Plant (FMSHRC LAKE 2000-64-M): Settlement approved

Decision type
ALJ decision
Docket
LAKE 2000-64-M
Decided
November 7, 2000
Presiding judge
David Barbour
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2000 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 2000
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

Shelly Materials Inc.'s Ostrander Plant faced a proposed civil penalty of $7,000. Judge David Barbour approved a settlement reducing the penalty to $4,300. The judge found the proposed settlement appropriate after considering the submitted representations and documentation under the Mine Act’s penalty criteria. The order required payment within 30 days.

Decision snapshot

  • Cited standards: None
  • Outcome: The settlement was approved and the penalty was reduced to $4,300.
  • Key point: The judge approved the negotiated penalty reduction under the Mine Act's settlement criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET, N.W., Room 6003
WASHINGTON, D. C. 20006-3867
Telephone No.: 202-653-5454
Telecopier No.: 202-653-5030

November 7, 2000

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. LAKE 2000-64-M
Petitioner : A. C. No. 33-00168-05520
:
v. :
:
SHELLY MATERIALS INC -
:
OSTRANDER PLANT,
:
Respondent : Mine: Shelly Materials Inc Ostrander Plant

DECISION APPROVING SETTLEMENT

Before: Judge Barbour

This case is before me upon a petition for assessment of a civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977. The Solicitor has filed a motion to approve settlement. A reduction in the penalty from $7,000.00 to $4,300.00 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 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that the operator pay a penalty of $4,300.00 within 30 days of this order.

David Barbour
Chief Administrative Law Judge

Distribution:

Maya K. Ewing, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604

Robert B. Mill, Vice President, Shelly Materials, Inc., P. O. Box 266, Thornville, OH 43076

/wd

1321

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