Ezel / Agency Decisions / LAKE 91-683

Zeigler Coal Company (ALJ decision, February 14, 1992)

Zeigler Coal Company (FMSHRC LAKE 91-683): Citation affirmed on summary decision

Decision type
ALJ decision
Docket
LAKE 91-683
Decided
February 14, 1992
Presiding judge
Avram Weisberger
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 C.F.R. § 75.316
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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

Zeigler Coal Company operated the Spartan Mine. Judge Avram Weisberger granted the Secretary of Labor's motion for summary decision on Citation No. 3847637. He affirmed the citation as a violation of 30 C.F.R. § 75.316, consistent with a decision by Judge George A. Koutras in a related docket. The order states that the other citations in the docket had already been disposed of, but it does not state a penalty amount.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.316
  • Outcome: Citation No. 3847637 was affirmed on summary decision. No penalty amount is stated.
  • Key point: The judge granted summary decision on the citation and relied on a related judge's decision for the violation determination.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. ZEIGLER COAL
DDATE:
19920214
TTEXT:

Page 2

~335
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 91-683
PETITIONER A.C. No. 11-00612-03556 v.
Spartan Mine
ZEIGLER COAL COMPANY,
RESPONDENT

SUMMARY DECISION

Appearances: Rafael Alvarez, Esq., Office of the Solicitor, U.S.
Department of Labor, Chicago, Ilinois for Petitioner;
Gregory S. Keltner, Esq., Old Ben Coal Company, Fairview Heights, Ilinois for Respondent.

Before: Judge Weisberger

The Secretary's Motion for Summary Decision regarding Citation No. 3847637 is GRANTED. The other citations included in this Docket number were disposed of in an Order issued January 15, 1992.

It is ORDERED that Citation No. 3847637 be affirmed as a violation of 30 C.F.R. 75.316 consistent with the Decision of Judge Koutras in Docket No. LAKE 91-635 issued January 24, 1992.

Avram Weisberger
Administrative Law Judge

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