Ezel / Agency Decisions / LAKE 86-68

Ohio River Collieries (ALJ decision, May 1, 1987)

Ohio River Collieries (FMSHRC LAKE 86-68): Amended settlement approved at $690

Decision type
ALJ decision
Docket
LAKE 86-68
Decided
May 1, 1987
Presiding judge
Paul Merlin
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Cited standards
29 C.F.R. § 2700.65(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 1987 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 1987
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 amended decision reopened the earlier settlement approval for a clerical error, approved the recommended settlements, and ordered payment of $690. It 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

Ohio River Collieries had proposed settlements totaling $690 for violations originally assessed at $1,000. Judge Paul Merlin reopened the earlier settlement decision under 29 C.F.R. § 2700.65(c) because of a clerical error, found that the motion addressed the statutory penalty criteria, and approved the settlements. The operator was ordered to pay $690 within 30 days.

Decision snapshot

  • Governing provisions: 29 C.F.R. § 2700.65(c); 30 U.S.C. § 820(i)
  • Outcome: The earlier settlement decision was reopened for clerical error, the settlements totaling $690 were approved, and payment was ordered within 30 days.
  • Key point: A clerical error may be corrected by reopening a settlement decision when the revised disposition is supported by the penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. OHIO COLLIERIES
DDATE:
19870501
TTEXT:

Page 2

~913

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 86-68
PETITIONER
A.C. No. 33-00942-03515

v. Lafferty Strip & Tipples

OHIO RIVER COLLIERIES,
RESPONDENT

AMENDED DECISION APPROVING SETTLEMENT ORDER TO PAY

Before: Judge Merlin

The Decision Approving Settlement previously issued for the above-captioned case is hereby reopened due to a clerical error pursuant to Commission rule 65(c). 29 C.F.R. 2700.65(c).

The originally assessed amounts were $1,000 and the proposed settlements are for $690. The Solicitor's motion discusses each violation in detail and justifies the proposed settlements in accordance with the six statutory criteria set forth in section 110(i) of the Act.

Accordingly, the recommended settlements are Approved and the operator is ORDERED TO PAY $690 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace