Ezel / Agency Decisions / se-88-82-rm-alj
FMSHRC ALJ decision Docket SE 88-82-RM, SE 88-83-RM, SE 89-67-M Decided January 25, 1993 Settled Judge Avram Weisberger

Asarco, Incorporated

Asarco, Incorporated (FMSHRC SE 88-82-RM, SE 88-83-RM, and SE 89-67-M): Settlement approved for $9,180

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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

Asarco and the Secretary resolved two contest proceedings and one civil penalty proceeding involving the Immel Mine. The proposed settlement reduced the penalty from $16,000 to $9,180. Judge Avram Weisberger found the settlement appropriate under the Mine Act’s penalty criteria, cancelled the scheduled hearing, ordered payment within 30 days, and dismissed the two notices of contest.

Decision snapshot

  • Cited authority: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved, the penalty was reduced to $9,180, and the two contest proceedings were dismissed.
  • Key point: The ALJ approved a documented penalty settlement and required timely payment as part of the final order.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                            2 SKYLINE, 10th FLOOR
                             5203 LEESBURG PIKE
                        FALLS CHURCH, VIRGINIA 22041

ASARCO, INCORPORATED, : CONTEST PROCEEDINGS
Contestant :
v. : Docket No. SE 88-82-RM
: Citation No. 3252969; 7/16/88
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH : Docket No. SE 88-83-RM
ADMINISTRATION (MSHA), : Citation No. 3252970; 7/17/88
Respondent :
: Immel Mine
:
: Mine ID 40-00170

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. SE 89-67-M
Petitioner : A. C. No. 40-00170-05520
v. : Immel Mine
ASARCO, INCORPORATED, :
Respondent :

               DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

 These cases are before me upon a Petition for Assessment of

Civil Penalty under Section 105(d) of the Federal Mine Safety and
Health Act of 1977 (the Act). Petitioner has filed a Motion to
approve a settlement agreement and to dismiss these cases. A
reduction in penalty from $16,000 to $9,180 is proposed. I have
considered the representations and documentation submitted in
these cases, and I conclude that the proffered settlement is
appropriate under the criteria set forth in Section 110(i) of the
Act.

 WHEREFORE, the Motion for Approval of Settlement is GRANTED.

It is ORDERED that the hearing on February 23-25, 1993 is
cancelled. It is further ORDERED that Respondent pay a penalty
of $9,180 within 30 days of this Order. It is further ORDERED
that the Notices of Contest, Docket Nos. SE 88-82-RM and
SE 88-83-RM are DISMISSED.

                             Avram Weisberger
                             Administrative Law Judge

Distribution:

Mark N. Savit, Esq., Jackson and Kelly, 2401 Pennsylvania Avenue,
N.W., Washington, DC 20037 (Certified Mail)

Thomas A. Grooms, Esq., U.S. Department of Labor, Office of the
Solicitor, 2002 Richard Jones Road, Suite B-201, Nashville, TN
37215 (Certified Mail)

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