Ezel / Agency Decisions / PENN 82-306

Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc. (ALJ decision, December 14, 1983)

Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc. (FMSHRC PENN 82-306): $217 penalty settlement approved

Decision type
ALJ decision
Docket
PENN 82-306
Decided
December 14, 1983
Presiding judge
Paul Merlin
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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

The Secretary of Labor and U.S. Steel Mining Co., Inc. proposed settling a civil penalty case involving the Cumberland Mine. The agreement called for payment of the original proposed penalties, totaling $217. Judge Paul Merlin found the settlement appropriate under the Mine Act's penalty criteria and approved it. He ordered the company to pay $217 within 30 days. The short order does not identify the underlying safety standards.

Decision snapshot

  • Cited standards: None identified in this order.
  • Outcome: Settlement approved; $217 payable within 30 days.
  • Key point: The judge approved payment of the original proposed penalties after considering the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U.S. STEEL MINING
DDATE:
19831214
TTEXT:
~2097

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. PENN 82-306
PETITIONER
A.C. No. 36-05018-03502

v. Cumberland Mine

U. S. STEEL MINING CO., INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Thomas A. Brown, Esq., Office of the Solicitor, U. S. Department of Labor, Philadelphia, Pennsylvania, for Petitioner Louise Q. Symons, Esq., Pittsburgh, Pennsylvania, for Respondent

Before: Judge Merlin

This case is before me upon a Petition for Assessment of Civil Penalty under Section 110(a) of the Federal Mine Safety and Health Act of 1977 (the Act). The Petitioner has made a motion to approve a settlement agreement. Payment of the original penalties of $217 was proposed. At the hearing I determined that the profferred settlement was appropriate under the criteria set forth in Section 110(i) of the Act. I now affirm that determination.

WHEREFORE, the motion for approval of settlement is GRANTED and it is ORDERED that Respondent pay $217 within 30 days from the date of this decision.

Paul Merlin
Chief Administrative Law Judge

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