Ezel / Agency Decisions / se-92-219-alj
FMSHRC ALJ decision Docket SE 92-219, SE 92-229, SE 92-241, SE 92-242, SE 92-243, SE 92-251, SE 92-272, SE 92-278, SE 92-296, SE 92-300, SE 92-301, SE 92-342, SE 92-226, SE 92-227, SE 92-228, SE 92-230, SE 92-238, SE 92-239, SE 92-250 Decided December 8, 1992 Modified Judge Gary Melick Transcribed from scan

Jim Walter Resources, Inc.

Jim Walter Resources, Inc. (FMSHRC SE 92-219 and related dockets): Settlement approved with citations vacated and penalties reduced

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This order from 1992 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 1992
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 approving a settlement, 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

Jim Walter Resources, Inc. faced civil penalty proceedings involving its No. 3, No. 4, No. 5, and No. 7 mines. The parties proposed a settlement that reduced the total penalties from $18,125 to $10,754, vacated six citations, and removed the Significant and Substantial designations from specified citations. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria and approved it. The company was ordered to pay $10,754 within 30 days.

Decision snapshot

  • Cited provisions: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved, total penalties were reduced to $10,754, six citations were vacated, and specified Significant and Substantial designations were removed.
  • Key point: The judge approved a negotiated resolution that reduced penalties and changed the status of specified citations and designations.

Full text (FMSHRC public release)

Page 2

~2036

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. SE 92-226
Petitioner : A.C. No. 01-00758-03838
v. : No. 3 Mine
:
JIM WALTER RESOURCES, INC., : Docket No. SE 92-227
Respondent : A.C. No. 01-01247-03957
:
: Docket No. SE 92-228
: A.C. No. 01-01247-03958
:
: Docket No. SE 92-230
: A.C. No. 01-01247-03959
:
: Docket No. SE 92-238
: A.C. No. 01-01247-03962
:
: No. 4 Mine
:
: Docket No. SE 92-239
: A.C. No. 01-01322-03837
:
: Docket No. SE 92-250
: A.C. No. 01-01322-03839
:
: No. 5 Mine
:
: Docket No. SE 92-219
: A.C. No. 01-01401-03866
:
: Docket No. SE 92-229
: A.C. No. 01-01401-03871
:
: Docket No. SE 92-241
: A.C. No. 01-01401-03872
:
: Docket No. SE 92-242
: A.C. No. 01-01401-03873
:
: Docket No. SE 92-243
: A.C. No. 01-01401-03874
:
: Docket No. SE 92-251
: A.C. No. 01-01401-03875

Page 3

~2037
: Docket No. SE 92-272
:
: A.C. No. 01-01401-03878
:
: Docket No. SE 92-278
: A.C. No. 01-01401-03879
:
: Docket No. SE 92-296
: A.C. No. 01-01401-03883
:
: Docket No. SE 92-300
: A.C. No. 01-01401-03882
:
: Docket No. SE 92-301
: A.C. No. 01-01401-03884
:
: Docket No. SE 92-342
: A.C. No. 01-01401-03891
:
: No. 7 Mine

                          DECISION

Appearances: William Lawson, Esquire, Office of the Solicitor,
U.S. Department of Labor, Arlington, Virginia,
for Petitioner;
R. Stanley Morrow, Esq., Mining Division,
Jim Walter Resources, Inc., Brookwood, Alabama,
for Respondents

Before: Judge Melick

 These cases are before me upon petitions for assessment

of civil penalty under Section 105(d) of the Federal Mine
Safety and Health Act of 1977 (the "Act"). At hearings,
Petitioner filed motions to approve settlement agreements
and to dismiss the cases. A reduction in total penalties
from $18,125 to $10,754, the vacation of Citation Nos. 3191450,
3191451, 3191544, 3191574, 2804674 and 3008118, and removal
of the "significant and substantial" designations for the
specified citations have been proposed. I have considered
the representations and documentation submitted in these
cases before and at hearings, and I conclude that the
proffered settlement is appropriate under the criteria
set forth in Section 110(i) of the Act.

Page 4

~2038
WHEREFORE, the motion for approval of settlement
is GRANTED, including the Secretary's removal of her
"significant and substantial" findings as requested, and
it is ORDERED that Respondent pay a penalty of $10,754
within 30 days of this order.

                          Gary Melick
                          Administrative Law Judge
                          703-756-6261

Distribution:

William Lawson, Esq., Office of the Solicitor, U.S. Department
of Labor, 2015 Second Avenue North, Suite 201, Birmingham, AL
35203 (Certified Mail)

R. Stanley Morrow, Esq., Jim Walter Resources, Inc.,
P.O. Box 133, Brookwood, AL 35444 (Certified Mail)

/lh

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