Ezel / Agency Decisions / LAKE 82-27-M

Secretary of Labor v. Hillard Bentgen, Grant Macklin, and Russell Heeman (ALJ decision, November 3, 1982)

Hillard Bentgen, Grant Macklin, and Russell Heeman (FMSHRC LAKE 82-27-M): Conclusions in crane brake decision corrected

Decision type
ALJ decision
Dockets
LAKE 82-27-M, LAKE 82-28-M, LAKE 82-29-M
Decided
November 3, 1982
Presiding judge
James A. Broderick
Outcome
Other
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Cited standards
30 C.F.R. § 56.9-2
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1982 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 1982
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 correction, not Commission precedent
This correction to the earlier ALJ 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.
Read the official release (fmshrc.gov)

Plain-English summary

Judge James A. Broderick corrected two conclusions in his October 26, 1982 decision concerning a Grove crane at Ottawa Silica Company's quarry and mill. The corrected first conclusion states that Ottawa Silica violated 30 C.F.R. § 56.9-2 by continuing to operate the crane while its defective brakes remained uncorrected. The corrected second conclusion states that Hillard Bentgen, Grant Macklin, and Russell Heeman were agents of the company during the relevant period. This correction does not state or change a penalty amount.

Decision snapshot

  • Cited standard: 30 C.F.R. § 56.9-2, cited for continued crane operation with uncorrected defective brakes.
  • Outcome: Two conclusions of law in the October 26 decision corrected; no penalty specified in this correction.
  • Key point: The correction identifies the company as the violator and the three individual respondents as its agents.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HILLARD BENTGEN
DDATE:
19821103
TTEXT:
~1898

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceedings
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 82-27-M
PETITIONER A/O No. 20-00608-050015-A v.
Docket No. LAKE 82-28-M
HILLARD BENTGEN,
A/O No. 20-00608-05017-A
GRANT MACKLIN,
RUSSELL HEEMAN,
Docket No. LAKE 82-29-M
RESPONDENTS A/O No. 20-00608-050019-A

Ottawa Silica Company
Michigan Division Quarry and Mill

CORRECTIONS TO DECISION ISSUED OCTOBER 26, 1982

On page 5, Conclusion of Law No. 1 should read as follows:

1. Ottawa Silica Company violated the mandatory safety standard contained in 30 C.F.R. 56.9-2 in failing to correct the defective brakes on the Grove cherry picker crane #33 during the period October 31, 1980 to November 25, 1980, while it continued to operate the crane.

On page 5, Conclusion of Law No. 2 should read as follows:

2. Each of the Respondents was an agent of Ottawa Silica Company, a corporation, during the months of October and November, 1980.

James A. Broderick
Administrative Law Judge

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