Ezel / Agency Decisions / PENN 92-765

Consolidation Coal Company (ALJ decision, March 9, 1993)

Consolidation Coal Company (FMSHRC PENN 92-765): Settlement approved for $684

Decision type
ALJ decision
Docket
PENN 92-765
Decided
March 9, 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

Consolidation Coal agreed to settle two alleged violations at its Dilworth mine. Judge Paul Merlin reviewed the parties' representations and documentation and found the settlement appropriate under the Mine Act's section 110(i) criteria. The originally assessed penalties and the proposed settlement both totaled $684, and the company was ordered to pay that amount within 30 days.

Decision snapshot

  • Cited standard(s): The order does not identify specific Mine Act standards.
  • Outcome: The settlement was approved and a $684 penalty was ordered.
  • Key point: An ALJ may approve a negotiated settlement when the record supports it under section 110(i) of the Mine Act.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE AND SAFETY AND HEALTH :
ADMINISTRATION (MSHA)
: Docket No. PENN 92-765
Petitioner
: A. C. No. 36-04281-03785
:
v. :
:
CONSOLIDATION COAL COMPANY, : Dilworth
Respondent
:

DECISION APPROVING SETTLEMENT
ORDER TO PAY

Before: Judge Merlin

The above-captioned case was the subject of an extensive conference call between the undersigned and counsel for both parties on January 28, 1993.

In accordance with the conference call discussion on February 8, 1993, the Solicitor filed a motion to approve settlement of the two violations. The originally assessed penalties were $684 and the proposed settlements are for $684. I have considered the representations and documentation submitted in this case along with the discussions on January 28, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

In light of the foregoing, the motion for approval of settlements is GRANTED, and it is ORDERED that the operator pay a penalty of $684 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

Richard W. Rosenblitt, Esq., Office of the Solicitor, U.S. Department of Labor, 14480 Gateway Bldg., 3535 Market St., Philadelphia, PA 19104

Daniel Rogers, Esq., Consol Inc., Consol Plaza, 1800 Washington Road, Pittsburgh, PA 15241

rdj

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace