Ezel / Agency Decisions / LAKE 92-454-M

James Kosiba, Employed by Rensselaer Stone Co. Inc. (ALJ decision, February 23, 1993)

James Kosiba, Employed by Rensselaer Stone Co. Inc. (FMSHRC LAKE 92-454-M): Settlement approved

Decision type
ALJ decision
Docket
LAKE 92-454-M
Decided
February 23, 1993
Presiding judge
Paul Merlin
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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

MSHA alleged that an electrical circuit supplying the crushing plant's main power control center lacked overload protection. Judge Paul Merlin approved the settlement of the one violation for the originally assessed penalty of $500. The respondent paid the penalty, and the matter was dismissed.

Decision snapshot

  • Cited standard(s): The decision does not identify a specific standard section.
  • Outcome: A $500 settlement was approved, and the matter was dismissed after payment.
  • Key point: The judge found the $500 penalty appropriate under the six statutory criteria for the serious electrical violation.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No.LAKE 92-454-M
Petitioner
: A. C. No. 12-00087-05513A
:
v. :
:
:
JAMES KOSIBA, Employed by
:
Rensselaer Stone Co. Inc., : Limestone Mine
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a motion to approve settlement of the one violation involved in this matter. The originally assessed amount was $500 and the proposed settlement is for $500. Overload protection was not provided for the electrical circuit supplying power to the main power control center for the crushing plant. Upon review I find that $500 is an appropriate penalty for this serious violation and that it is in accordance with the six statutory criteria set forth in section 110(i) of the Act.

Accordingly, the recommended settlement is APPROVED and the respondent having paid, this matter is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

J. Phillip Smith, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, VA 22203

James Kosiba, 936 Maxwell Court, Crown Point, Indiana 46307

rdj

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