Ezel / Agency Decisions / WEST 2000-44-M

Alan Lee Good, an individual doing business as Good Construction (ALJ decision, October 3, 2000)

Alan Lee Good, an individual doing business as Good Construction (FMSHRC WEST 2000-44-M): Amended penalty order vacates two citations

Decision type
ALJ decision
Dockets
WEST 2000-44-M, WEST 2000-149-M
Decided
October 3, 2000
Presiding judge
Gary Melick
Outcome
Mixed result
Precedential status
Final order, not precedent
Checked against source
2026-08-11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2000 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 2000
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 amended 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

MSHA pursued civil penalties against Alan Lee Good and Good Construction in two dockets involving the Good Portable Crusher. In this amended order, Judge Gary Melick corrected the prior order by vacating Citations 7974344 and 7974345. He affirmed the remaining citations and ordered Good Construction to pay $585 in civil penalties within 40 days.

Decision snapshot

  • Cited standards: The amended order does not identify a safety standard.
  • Outcome: Two citations were vacated, the remaining citations were affirmed, and $585 in civil penalties was ordered.
  • Key point: The amended order corrected the earlier order while preserving the listed affirmances, vacating two citations, and specified penalty amounts.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, Suite 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

October 3, 2000

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 2000-44-M
Petitioner : A. C. No. 45-03086-05512
v. :
:
ALAN LEE GOOD, an individual doing
:
business as GOOD CONSTRUCTION,
:
Respondent : Good Portable Crusher
:
SECRETARY OF LABOR, : Docket No. WEST 2000-149-M
MINE SAFETY AND HEALTH : A. C. No. 45-03086-05513
ADMINISTRATION (MSHA),
:
Petitioner
:
v. :
:
GOOD CONSTRUCTION,
:
Respondent : Good Portable Crusher

AMENDED ORDER

The following order is hereby issued in place of and to correct the Order issued with the decision in this matter dated September 13, 2000.

Citations No. 7974344 and 7974345 are hereby vacated. The remaining citations are affirmed and Good Construction is directed to pay the following civil penalties within 40 days of the date of this decision: Citation No. 7974336 - $55, Citation No. 7974337 - $55, Citation No.
7974338 - $55, Citation No. 7974339 - $55, Citation No. 7974340 - $55, Citation No. 7974341 -
$55, Citation No. 7974342 - $55, Citation No. 7974343 - $200.

Gary Melick
Administrative Law Judge

1216

Distribution: (Certified Mail)

William W. Kates, Esq., Office of the Solicitor, U.S. Dept. of Labor, 1111 Third Avenue,
Suite 945, Seattle, WA 98101-3212

James A. Nelson, Esq., Attorney at Law, 205 Cowlitz, P.O. Box 878, Toledo, WA 98591

\mca

1217

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