Ezel / Agency Decisions / LAKE 86-27

Freeman United Coal Mining Company (ALJ decision, September 30, 1986)

Freeman United Coal Mining Company (FMSHRC LAKE 86-27): Scraper-speed settlement approved for $475

Decision type
ALJ decision
Docket
LAKE 86-27
Decided
September 30, 1986
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-19
Cited standards
30 C.F.R. § 77.1607(c) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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

A citation under 30 C.F.R. § 77.1607(c) followed a head-on collision involving scrapers at Freeman United Coal Mining Company's Fidelity Strip Mine, which caused a serious injury. The Secretary originally assessed $1,000 and proposed settling for $475. The motion said a scraper operator had passed a water truck against company safety rules while dust reduced visibility, and that the violation was serious but not caused by the company's negligence. Judge James A. Broderick considered the Mine Act penalty criteria, approved the settlement, and ordered payment of $475 within 30 days.

Decision snapshot

  • Cited standard: 30 C.F.R. § 77.1607(c)
  • Outcome: The penalty was settled for $475, reduced from $1,000.
  • Key point: The approved settlement accounted for the serious injury and the motion's account of employee conduct and operator negligence.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. FREEMAN UNITED COAL MINING DDATE: 19860930 TTEXT:

~1458

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 86-27
PETITIONER
A.C. No. 11-00611-03524

v. Fidelity Strip Mine

FREEMAN UNITED COAL MINING
COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On September 29, 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 $475.

The case involves a single citation charging a violation of 30 C.F.R. 77.1607(c) because scrapers were not being operated at prudent speeds resulting in a head-on collision and a serious injury. The motion states that the violation was serious but did not result from Respondent's negligence. It was caused by a scraper operator violating Respondent's published safety rules and passing a water truck when visibility was diminished because of road dust. (The water truck was keeping the road wet to allay the dust.) Respondent is a large operator and has a favorable history of prior 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 $475 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge

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