Ezel / Agency Decisions / SE 94-570

S & H Mining Co. (ALJ decision, March 30, 1995)

S & H Mining Co. (FMSHRC SE 94-570): Settlement approved with $1,000 penalty

Decision type
ALJ decision
Docket
SE 94-570
Decided
March 30, 1995
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 820(i) 30 U.S.C. § 820(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1995 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 1995
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

S & H Mining Co. employee Gary Byrge faced a civil penalty proceeding under the Federal Mine Safety and Health Act. The Secretary proposed a $1,000 penalty, and Byrge agreed to pay it in full under a settlement. Judge Gary Melick found the settlement acceptable under the statutory criteria and approved it. The penalty was ordered payable in six monthly installments.

Decision snapshot

  • Governing provisions: 30 U.S.C. § 820(i); 30 U.S.C. § 820(c)
  • Outcome: The settlement was approved, and the $1,000 penalty was ordered payable in six installments.
  • Key point: The ALJ approved the parties' settlement after finding it acceptable under the Mine Act's settlement criteria.

Full text (FMSHRC public release)


[DOCID: f:se94-570.wais]

S & H MINING CO
March 30, 1995
SE 94-570

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, SUITE 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 30, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. SE 94-570 Petitioner : A.C. No. 40-03011-03562 M :
v. :
:
GARY BYRGE, Employed by S & H :
MINING CO.
:
Respondent : Mine No. 7

DECISION APPROVING SETTLEMENT

Appearances: Mark R. Malecki, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia for the Petitioner; Gary Byrge, Oliver Springs, Tennessee, pro se.

This case is before me upon a petition for assessment of civil penalty under Section 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing Petitioner filed a motion to approve a settlement agreement in which Respondent agreed to pay the proposed penalty of $1,000 in full. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable under the relevant criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $1,000 in 6 months installments as set forth in the agreement.

Gary Melick
Administrative Law
Judge

Distribution:

Mark R. Malecki, Esq., U.S. Department of Labor, Office of the Solicitor, 4015 Wilson Blvd., Arlington, VA 22203

Marcus P. McGraw, Esq., Bryan R. Reynolds, Esq., Greenebaum, Doll & McDonald, 1400 Vine Center Tower, Lexington, KY 40507

/jf

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