Ezel / Agency Decisions / SE 84-57

Secretary of Labor v. Jim Walter Resources, Inc. (ALJ decision, December 3, 1984)

Secretary of Labor v. Jim Walter Resources, Inc. (FMSHRC SE 84-57): Coal belt citation vacated

Decision type
ALJ decision
Docket
SE 84-57
Decided
December 3, 1984
Presiding judge
Paul Merlin
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 C.F.R. § 75.1403-5(g)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 binding on the Commission in other cases. 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 cited Jim Walter Resources under a belt conveyor standard at its No. 3 Mine. The parties waived a hearing and stipulated that the cited belt carried coal. Chief Administrative Law Judge Paul Merlin applied an earlier decision holding that 30 C.F.R. § 75.1403-5(g) does not cover coal-carrying belt conveyors. He found no violation and vacated Citation No. 2310851. The decision states no penalty amount.

Decision snapshot

  • Cited standard(s): 30 C.F.R. § 75.1403-5(g), which the judge held did not apply to this coal-carrying belt.
  • Outcome: Citation No. 2310851 vacated; no penalty assessed in this decision.
  • Key point: The parties' stipulation that the belt carried coal made the earlier ruling on the standard controlling.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JIM RESOURCES
DDATE:
19841203
TTEXT:

~2723

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. SE 84-57
PETITIONER
A.C. No. 01-00758-03592
v.
No. 3 Mine
JIM WALTER RESOURCES, INC.,
RESPONDENT

DECISION

Before: Judge Merlin

In lieu of a hearing, the parties submitted stipulations in the above-captioned case for a decision on the record.

The parties stipulate that the condition or practice described in the citation occurred and that the belt described in the citation was a coal-carrying belt. The parties further agree that the decision in Jim Walter Resources, Inc., Docket No. SE 84-23 (July 30, 1984) is controlling. I accept these stipulations.

The decision in Docket No. SE 84-23 held that 30 C.F.R.
75.1403-5(g) does not apply to coal-carrying belt conveyors. Therefore, in light of the parties' stipulation that this case concerns a coal-carrying belt I find that there was no violation.

Citation No. 2310851 is hereby VACATED.

Paul Merlin
Chief Administrative Law Judge

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