Ezel / Agency Decisions / LAKE 80-253-RM

Ozark-Mahoning Company v. Secretary of Labor (MSHA) (ALJ decision, June 16, 1981)

Ozark-Mahoning Company (FMSHRC LAKE 80-253-RM): Two citation contests resolved after related penalty decision

Decision type
ALJ decision
Dockets
LAKE 80-253-RM, LAKE 80-254-RM
Decided
June 16, 1981
Presiding judge
Charles C. Moore, Jr.
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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.
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

Ozark-Mahoning contested two MSHA citations at its Barnett Mine. The company agreed to consolidate the citation contests with related penalty cases, but those cases were heard by another judge. Judge Charles C. Moore, Jr. said the related decision accepted a settlement on one citation and assessed a penalty on the other. Treating that decision as binding, he affirmed both citations. This short decision does not state the cited standards or the penalty amounts.

Decision snapshot

  • Cited standards: The decision identifies Citations 365457 and 366115 without naming the standards.
  • Outcome: Both citations affirmed; penalty amounts were determined in a separate decision.
  • Key point: The judge adopted the disposition of the citations in the related penalty cases rather than hearing the same issues again.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
JUN 16 1981
Phone (703) 756-6236

OZARK-MAHONING COMPANY,
: Contests of Citations
Contestant
:
v. : Docket No. LAKE 80-253-RM
: Citation No. 365457; 2/14/80
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
: Docket No. LAKE 80-254-RM
ADMINISTRATION (MSHA),
: Citation No. 366115; 2/14/80
Respondent
:
: Barnett Mine

DECISION

Shortly after the two cases captioned above were assigned to me, the Contestant agreed that they be consolidated with the related penalty cases when filed (see letter of May 1, 1980, from Contestant). On April 10, 1981, I was advised that the penalty cases had been filed and assigned to Judge Laurenson and had already been heard by him.

Judge Laurenson has now issued his decision in Secretary of Labor v. Ozark Mahoning Company, LAKE 80-336-M and LAKE 80-337-M (May 26, 1981).

Judge Laurenson accepted a settlement as to one of the citations involved herein and assessed a penalty as to the other citation. That decision is binding on me.

The citations under review are accordingly affirmed.

Charles C. Moore, Jr.
Administrative Law Judge

Distribution:

Mr. M. L. Hahn, S. & I. R. Director, Ozark-Mahoning Company, P. O.
Box 57, Rosiclare, IL 62982 (Certified Mail)

William G. Posternack, Esq., U.S. Department of Labor, Office of the Solicitor, 230 South Dearborn Street, Chicago, IL 60604 (Certified Mail)

1563

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