Ezel / Agency Decisions / penn-87-111-alj
FMSHRC ALJ decision Docket PENN 87-111 Decided July 17, 1987 Settled Judge James A. Broderick Transcribed from scan

Mathies Coal Company

Mathies Coal Company (FMSHRC PENN 87-111): Battery-charger settlement approved at $50

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This order from 1987 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 1987
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

Mathies Coal Company faced a proposed $126 penalty for inadequate ventilation of a battery charger. The charger was out of service and not energized, and it was located in a fireproof enclosure with a fire extinguisher and electrical protection. Judge James A. Broderick approved the parties' settlement and ordered payment of $50 within 30 days.

Decision snapshot

  • Cited standard(s): The decision describes the battery-charger violation but does not identify the standard number.
  • Outcome: The settlement was approved, reducing the proposed penalty from $126 to $50.
  • Key point: Mitigating facts about equipment condition and safeguards supported the reduced settlement.

Full text (FMSHRC public release)

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 87-111
PETITIONER A.C. No. 36-00963-03633

      v.                           Mathies Mine

MATHIES COAL COMPANY,
RESPONDENT

                    DECISION APPROVING SETTLEMENT

Before: Judge Broderick

 On July 10, 1987, the Secretary of Labor filed a motion for

approval of a settlement reached by the parties in this case. The
violations were originally assessed at $126 and the parties
proposed to settle for $50.

 The motion states that there were several mitigating factors

justifying a reduction in the penalty. The violation charged was
failure to adequately ventilate a battery charger. The charger
was not in service and was not energized. It was located in a
steel fireproof enclosure and equipped with a fire extinguisher.
The charge and its cable were protected with short circuit and
overload protection.

 I have considered the motion in the light of the criteria in

section 110(i) of the Act and conclude that it should be
approved.

 Accordingly, the settlement is APPROVED and Respondent is

ORDERED TO PAY the sum of $50 within 30 days of the date of this
decision.

                              James A. Broderick
                              Administrative Law Judge

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