Ezel / Agency Decisions / LAKE 92-267-M

Wedron Silica Company (ALJ decision, December 7, 1992)

Wedron Silica Company (FMSHRC LAKE 92-267-M): Settlement approved and S&S finding deleted

Decision type
ALJ decision
Docket
LAKE 92-267-M
Decided
December 7, 1992
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 815(d) 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 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 decision of an Administrative Law Judge
A party could petition the Commission for review within 30 days under 30 U.S.C. § 823(d)(2)(A)(i). If no Commissioner directed review, the ALJ decision became the final decision of the Commission 40 days after issuance under 30 U.S.C. § 823(d)(1). Check for later Commission review before relying on this decision. 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

Wedron Silica Company faced a civil-penalty proceeding concerning a citation at its Wedron Silica Plant. The company agreed to pay the proposed $700 penalty, and the parties asked the judge to approve the settlement and dismiss the case. Judge Gary Melick found the settlement appropriate under the Mine Act's civil-penalty criteria and approved it. The settlement deleted the citation's significant-and-substantial finding.

Decision snapshot

  • Cited standards: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: Settlement approved, $700 penalty ordered, and the significant-and-substantial finding deleted.
  • Key point: The settlement resolved the case while removing the citation's significant-and-substantial designation.

Full text (FMSHRC public release)

Page 2

~2015

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 92-267-M Petitioner : A/O No. 11-01578-05537
v. :
: Wedron Silica Plant
WEDRON SILICA COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois, for the Petitioner; Peter Comodeca, Esq., Calfee, Halter and Griswold, Cleveland, Ohio, for the Respondent

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing, Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $700 in full. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $700 within 30 days of this order. In accordance with the settlement agreement, the "significant and substantial" findings are hereby deleted from the subject citation.

Gary Melick
Administrative Law Judge

Page 3

~2016
Distribution:

Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of Labor, 230 South Dearborn, 8th Floor, Chicago, IL 60604 (Certified Mail)

Peter J. Comodeca, Esq., Calfee, Halter and Griswold, 800 Superior Avenue, Suite 1800, Cleveland, Ohio 44114-2688 (Certified Mail)

/lh

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