Ezel / Agency Decisions / VINC 78-395-P

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

Freeman United Coal Mining Company (FMSHRC VINC 78-395-P): Penalty petition restored

Decision type
Commission decision
Docket
VINC 78-395-P
Decided
December 12, 1979
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-10-23
Cited standards
30 C.F.R. § 75.400
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 penalty decision
The Commission reversed the judge's dismissal of the penalty petition and returned the case for further proceedings. It did not decide the alleged violation or assess a 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

A judge dismissed the Secretary of Labor's petition for a penalty against Freeman United Coal Mining Company over an alleged combustible material violation. The Commission reversed the dismissal and remanded the case. Its one-page order directs further proceedings consistent with its opinion in Old Ben Coal Co., issued the same day. The release does not explain the underlying facts, decide whether the violation occurred, or assess a penalty.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.400, concerning combustible materials.
  • Outcome: Dismissal of the penalty petition reversed; case remanded for further proceedings.
  • Key point: The Commission restored the petition but left the allegation and any penalty for later decision.

Full text (FMSHRC public release)

CCASE:
MSHA V. FREEMAN UNITED COAL MINING
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 78-395-P

FREEMAN UNITED COAL MINING
COMPANY
Respondent

DECISION

The decision of the administrative law judge is reversed insofar as he dismissed the Secretary of Labor's petition for assessment of a penalty for an alleged violation of 30 CFR $75.400. 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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