Ezel / Agency Decisions / VA 81-83

Secretary of Labor (MSHA) v. Harman Mining Company (ALJ decision, November 3, 1981)

Harman Mining Company (FMSHRC VA 81-83): Canopy allegations withdrawn, $1,500 settlement approved

Decision type
ALJ decision
Docket
VA 81-83
Decided
November 3, 1981
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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 settlement order 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

The Secretary and Harman Mining Company proposed a settlement at the Harman 5-B Mine. They asked to vacate and withdraw four canopy allegations while paying the full assessed penalties for a rock dust deficiency and an excessive accumulation of combustibles. Judge Joseph B. Kennedy found the proposed disposition consistent with the Mine Act and approved it. He ordered Harman to pay $1,500 by November 20, 1981, with dismissal to follow payment. The short released order does not identify any cited standard by number.

Decision snapshot

  • Cited standards: The release names the canopy, rock dust, and combustible accumulation issues but gives no regulation numbers.
  • Outcome: Four canopy allegations vacated and withdrawn; $1,500 settlement approved on the remaining matters.
  • Key point: The order approved withdrawal of the canopy allegations alongside full payment of the other assessed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HARMAN MINING
DDATE:
19811103
TTEXT:
~2553

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. VA 81-83
PETITIONER
A.O. No. 44-03614-03026V
v.
Harman 5-B Mine
HARMAN MINING COMPANY,
RESPONDENT

DECISION AND ORDER

For the reasons set forth in the motion to approve settlement, the parties request approval of vacation and withdrawal of the four canopy violations and payment in full of the penalties assessed for the alleged deficiency in rock dust and excessive accumulation of combustibles.

Based on an independent evaluation and de novo review of the circumstances and justifications offered, I find the disposition proposed is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the motion to approve vacation and settlement be, and hereby is, GRANTED. It is FURTHER ORDERED that the operator pay the penalty agreed upon, $1500, on or before Friday, November 20, 1981 and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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