Ezel / Agency Decisions / VINC 77-91

Secretary of Labor (MSHA) v. Peabody Coal Company (Commission decision, December 12, 1979)

Peabody Coal Company (FMSHRC VINC 77-91): Judge's decision reversed and case remanded

Decision type
Commission decision
Docket
VINC 77-91
Decided
December 12, 1979
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1979, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1979
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.
Decision of the Commission on a remand, not a final case disposition
The Commission reversed the judge's decision and returned the case for further proceedings. The release does not decide or identify an alleged violation or penalty. 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 Commission reversed an administrative law judge's decision in a case involving Peabody Coal Company. Its one-page order remanded the case for further proceedings consistent with the Commission's opinion in Old Ben Coal Co., issued the same day. This release does not explain the earlier ruling or the reason for reversal. It does not identify a mine safety standard or state a penalty.

Decision snapshot

  • Cited standard(s): None identified in this order.
  • Outcome: Judge's decision reversed; case remanded for further proceedings.
  • Key point: The Commission directed the judge to proceed under its Old Ben opinion but gave no independent explanation here.

Full text (FMSHRC public release)

CCASE:
MSHA V. PEABODY COAL
DDATE:
19791212
TTEXT:

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
December 12, 1979

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Petitioner,

v. Docket No. VINC 77-91

PEABODY COAL COMPANY,
Respondent

DECISION

The decision of the administrative law judge is reversed. The
case is remanded for further proceedings consistent with our opinion
in Old Ben Coal Co., No. VINC 74-11 (December 12, 1979).

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