Ezel / Agency Decisions / VA 91-470

Minutemen Coal Co., Inc. (ALJ decision, January 15, 1992)

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

Decision type
ALJ decision
Dockets
VA 91-470, VA 91-415-R
Decided
January 15, 1992
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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

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