Ezel / Agency Decisions / lake-82-38-alj
FMSHRC ALJ decision Docket LAKE 82-38 Decided August 30, 1985 Settled Judge James A. Broderick Transcribed from scan

Southwestern Illinois Coal Corp.

Southwestern Illinois Coal Corp. (FMSHRC LAKE 82-38): Remand settlement approved for $70

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This order from 1985 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 1985
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

Southwestern Illinois Coal Corp. faced a penalty proceeding involving a violation of 30 C.F.R. § 77.1710(g) at the Captain Mine. After the Commission remanded the case for a finding on whether the violation was significant and substantial and for a penalty assessment, the parties agreed to settle the matter for $70 instead of the original $90. Judge James A. Broderick found the violation significant and substantial, accepted the settlement, and ordered payment within 30 days.

Decision snapshot

  • Cited standard(s): 30 C.F.R. § 77.1710(g), with penalty criteria under 30 U.S.C. § 820(i)
  • Outcome: The violation was found significant and substantial, the settlement was approved, and a $70 penalty was assessed.
  • Key point: On remand, the judge approved the reduced penalty after the parties addressed the violation's significance, negligence, abatement, and settlement amount.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. SOUTHWESTERN ILLINOIS COAL
DDATE:
19850830
TTEXT:

Page 2

~1312
Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. LAKE 82-38
PETITIONER A.C. No. 11-00609-03034

      v.                            Captain Mine

SOUTHWESTERN ILLINOIS COAL
CORP.,
RESPONDENT

                         DECISION ON REMAND

Before: Judge Broderick

 By a decision issued May 15, 1985, the Commission concluded

that Respondent violated 30 C.F.R. 77.1710(g) and remanded the
case to me for determination whether the violation was
significant and substantial and for the assessment of an
appropriate civil penalty.

 On August 2, 1985, the Secretary filed a motion to dismiss

and approve a settlement entered into by the parties. The parties
agree that the violation was significant and substantial because
it could result in a serious injury or fatality. They agree to
settle the case for $70 (it was originally assessed at $90). The
motion states that Respondent was not negligent, and that it
corrected the violation by disciplining the miner involved and
instructing the employees on the need for using safety belts.

 I conclude that the motion should be granted. I conclude

that the violation was significant and substantial. An
appropriate penalty for the violation is $70.

 Respondent is ORDERED to pay the sum of $70 within 30 days

of the date of this decision.

                          James A. Broderick
                          Administrative Law Judge

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