Ezel / Agency Decisions / va-91-470-alj
FMSHRC ALJ decision Docket VA 91-470, VA 91-415-R Decided January 15, 1992 Settled Judge James A. Broderick Transcribed from scan

Minutemen Coal Co., Inc.

Minutemen Coal Co., Inc. (FMSHRC VA 91-470 and VA 91-415-R): Dust-filter settlement approved and contest dismissed

Apply this to your situation

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

Minutemen Coal Co., Inc. contested a citation alleging deliberate tampering with dust-filter media at its No. 4 Mine. The company denied deliberately tampering with or altering the filters, and the parties disputed the degree and existence of negligence. Judge James A. Broderick approved a settlement that reduced the proposed penalty from $1,200 to $960, ordered payment within 30 days, and dismissed the related contest proceeding.

Decision snapshot

  • Cited provision: 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, the penalty was reduced to $960, and contest Docket VA 91-415-R was dismissed.
  • Key point: The ALJ approved the negotiated penalty reduction after considering the Mine Act's statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
MINUTEMEN COAL v. SOL (MSHA)
DDATE:
19920115
TTEXT:

Page 2

~152

              Federal Mine Safety and Health Review Commission
                     Office of Administrative Law Judges
                            2 Skyline, 10th Floor
                             5203 Leesburg Pike
                        Falls Church, Virginia 22041

MINUTEMEN COAL CO., INC., CONTEST PROCEEDING
CONTESTANT
v. Docket No. VA 91-415-R
Mine No. 4 44-04871
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 91-470
PETITIONER A.C. No. 44-04871-03570D
v.
No. 4 Mine
MINUTEMEN COAL COMPANY,
RESPONDENT

                        DECISION APPROVING SETTLEMENT
                             ORDER OF DISMISSAL

Before: Judge Broderick

 On December 4, 1991, the Secretary of Labor (Secretary) and

Minuteman Coal Co. Inc. (Minuteman) filed a Motion to Approve
Settlement and to Withdraw Notice of Contest. The Secretary
asserts that the violation alleged resulted from a deliberate act
of tampering with dust filter media. Minutemen denies that it
deliberately tampered with or altered any of the dust filter
media. The violation was originally assessed at $1200.

 The motion states that the parties agree to settle the case

by reducing the proposed penalty to $960 based on a dispute
between the parties as to the degree and existence of negligence.

 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, IT IS ORDERED:

   1.   The settlement reached between the parties is APPROVED.

Page 3

~153
2. Minuteman shall, within 30 days of the date of this order, pay
the sum of $960 as civil penalties for the violation alleged in
the citation contested herein.

 3. The contest proceeding Docket No. VA 91-415-R is

DISMISSED.

                            James A. Broderick
                            Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1992, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.