Ezel / Agency Decisions / va-86-42-alj
FMSHRC ALJ decision Docket VA 86-42 Decided November 6, 1986 Settled Judge James A. Broderick

B D & J Coal Company

B D & J Coal Company (FMSHRC VA 86-42): Roof-control settlement approved

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This order from 1986 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 1986
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

B D & J Coal Company faced five violations involving roof-control and pillar-recovery methods at its No. 1 Mine. The violations were originally assessed at $1,955, and the parties proposed a $1,755 settlement. The Secretary reported that the company's president discussed the methods with MSHA, the responsible section foreman and two roof bolters were terminated for improper roof-bolt installation, and MSHA expected improved supervision and staffing to increase compliance. Judge James A. Broderick approved the settlement and ordered payment of $1,755 within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved and a $1,755 penalty was ordered.
  • Key point: The ALJ approved a reduced settlement after considering corrective personnel and supervision measures under the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. B D & J COAL
DDATE:
19861106
TTEXT:

Page 2

~1664

           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 86-42
PETITIONER A.C. No. 44-06211-03508

      v.                               No. 1 Mine

B D & J COAL COMPANY,
RESPONDENT

                   DECISION APPROVING SETTLEMENT

Before: Judge Broderick

 On November 4, 1986, the Secretary filed a Response to my

order of October 20, 1986, denying a motion to approve a
settlement agreement in this case. With the response, the
Secretary renewed its motion to approve settlement. The five
violations involved here were originally assessed at $1955. The
parties propose to settle for $1755.

 With respect to three of the violations, the settlement

amount is the amount originally assessed. Each of the other two
was originally assessed at $800, and the parties propose to
settle for $700 each. The Secretary's response states that after
the citations were issued, Respondent's president visited the
MSHA Subdistrict Office and discussed the roof control and pillar
recovery methods at the subject mine. The section foreman
responsible for the section where the violations occurred and two
roof bolters were terminated for failure to properly install roof
bolts in the section. MSHA's Subdistrict Office has stated that
better supervision and the hiring of more competent personnel
should result in greater compliance with safety regulations at the
mine.

 I have considered the motion in the light of the criteria in

section 110(i) of the Act, and conclude that it should be
approved.

 Accordingly, the settlement is APPROVED and Respondent is

ORDERED TO PAY the sum of $1755 within 30 days of the date of
this order.

                               James A. Broderick
                               Administrative Law Judge

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