Ezel / Agency Decisions / LAKE 84-38

Freeman United Coal Mining Company (ALJ decision, July 24, 1984)

Freeman United Coal Mining Company (FMSHRC LAKE 84-38): Onshift examination citation vacated

Decision type
ALJ decision
Docket
LAKE 84-38
Decided
July 24, 1984
Presiding judge
Joseph B. Kennedy
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 C.F.R. § 75.304
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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

MSHA cited Freeman United Coal Mining Company for allegedly failing to make an adequate onshift examination for hazards at its Orient Mine No. 6. During the hearing, the inspector's testimony showed that the charged violation could not have occurred. The Secretary moved to vacate the citation and dismiss the proposed penalty, and Freeman United did not oppose. The judge granted the motion, affirmed his bench ruling, and dismissed the case. No penalty was assessed.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.304, onshift examinations for hazardous conditions.
  • Outcome: Citation vacated and proposed penalty dismissed.
  • Key point: The Secretary withdrew the charge after the inspector's testimony showed it could not have occurred.

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

JUL 24 1984

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 84-38
Petitioner
A.C. No. 11-00599-03548
v.
Orient Mine No. 6
FREEMAN UNITED COAL MINING
COMPANY,
Respondent

DECISION

Appearances: Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois, for Petitioner;
Harry M. Coven, Esq., Gould & Ratner, Chicago, Illinois, for Respondent.

Before: Judge Kennedy

The captioned penalty proceeding came on for an evidentiary hearing in Chicago, Illinois on May 17, 1984. The 104(a) S&S citation charged a violation of 30 C.F.R. 75.304, failure to make an adequate onshift examination for hazardous conditions.

During examination of the inspector it became apparent that the violation charged could not in fact have occurred. Whereupon, counsel for the Secretary moved to vacate the citation and dismiss the proposal for penalty. There being no opposition the motion was granted and the case dismissed.

The premises considered, it is ORDERED that the bench decision in this matter be, and hereby is, AFFIRMED and the matter DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

1785
Distribution:

Rafael Alvarez, Esq., Office of the, Solicitor, U.S. Depart- ment of Labor, 340 S. Dearborn St., 8th Fl., Chicago, IL 60604 (Certified Mail)

Harry M. Coven, Esq., Gould & Ratner, 300 W. Washington St., Suite 1500, Chicago, IL 60606 (Certified Mail)

/ejp

1786

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