Ezel / Agency Decisions / penn-86-178-r-alj
FMSHRC ALJ decision Docket PENN 86-178-R, PENN 86-123 Decided November 14, 1986 Citations vacated Judge William Fauver

U.S. Steel Mining Co., Inc.

U.S. Steel Mining Co., Inc. (FMSHRC PENN 86-178-R and PENN 86-123): Citation vacated and penalty case dismissed

Apply this to your situation

This order from 1986 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 1986
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

After an evidentiary hearing, the Secretary moved to withdraw the civil penalty petition and vacate Citation 2678489 issued to U.S. Steel Mining Co., Inc. Judge William Fauver found good cause and dismissed the civil penalty proceeding in PENN 86-123. He also vacated the citation in PENN 86-178-R, concluding both proceedings.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The civil penalty petition was dismissed and Citation 2678489 was vacated.
  • Key point: For good cause, an ALJ may dismiss a penalty petition and vacate the related citation after the evidentiary hearing.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U.S. STEEL MINING
DDATE:
19861114
TTEXT:

Page 2

~1766

       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 86-123
PETITIONER A.C. No. 36-05018-03605

           v.                        Cumberland Mine

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

U.S. STEEL MINING CO., INC., CONTEST PROCEEDING
CONTESTANT
Docket No. PENN 86-178-R
v. Citation No. 2678489; 4/28/86

SECRETARY OF LABOR, Cumberland Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

                            DECISION

Appearances: David T. Bush, Esq., Office of the Solicitor,
U.S. Department of Labor, Philadelphia, PA,
for Petitioner/Respondent;
Billy M. Tennant, Esq., U.S. Steel Mining Company
Pittsburgh, PA, for Respondent/Contestant.

Before: Judge Fauver

 After the evidentiary hearing, counsel for the Secretary has

moved to withdraw his petition for civil penalty and to vacate
Citation No. 2678489.

                             ORDER

 FOR GOOD CAUSE SHOWN, the petition for civil penalty in PENN

86Ä123 is DISMISSED and Citation No. 2678489 in PENN 86Ä178ÄR is
VACATED, thereby concluding both proceedings.

                           William Fauver
                           Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1986, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.