Ezel / Agency Decisions / lake-85-27-alj
FMSHRC ALJ decision Docket LAKE 85-27 Decided November 6, 1986 Settled Judge James A. Broderick

Quarto Mining Company

Quarto Mining Company (FMSHRC LAKE 85-27): Respirable-dust settlement approved

Apply this to your situation

This order from 1986 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 1986
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

Quarto Mining Company was cited for excessive respirable dust at the Powhatan No. 4 Mine. Judge James A. Broderick approved a settlement reducing the proposed penalty from $1,000 to $450. The decision states that the operator was revising its dust-control plan and that the revised plan had reduced respirable-dust violations.

Decision snapshot

  • Cited standard: 30 C.F.R. § 70.101
  • Outcome: The settlement was approved and Quarto Mining Company was ordered to pay $450.
  • Key point: The reduced settlement reflected the operator's dust-control-plan revisions and reported improvement in dust compliance.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. QUARTO MINING
DDATE:
19861106
TTEXT:

Page 2

~1663

       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 85-27
PETITIONER A.C. No. 33-01157-03682

      v.                            Powhatan No. 4 Mine

QUARTO MINING COMPANY,
RESPONDENT

                DECISION APPROVING SETTLEMENT

Before: Judge Broderick

 On October 30, 1986, the Secretary of Labor filed a motion

for approval of a settlement reached by the parties in this case.
The violations were originally assessed at $1000 and the parties
propose to settle for $450.

 One violation is charged, of 30 C.F.R. 70.101, because the

average respirable dust concentration in the working environment
of a designated occupation exceeded. The limit of 1.6 mg/m3 (the
dust contained more than 5% quartz). The samples showed an
average concentration of 3.4 mg/m3.

 The motion states that the operator was in the process of

revising its dust control plan at the time the citation was
issued. A revised plan was submitted in July 1984 and it has been
successful in reducing respirable dust violations.

 I have considered the motion in the light of the criteria in

section 110(i) of the Act, and conclude that it should be
approved.

 Accordingly, the settlement is APPROVED and Respondent is

ORDERED TO PAY the sum of $450 within 30 days of the date of this
order.

                        James A. Broderick
                        Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1986, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.