Ezel / Agency Decisions / WEST 79-124-M

Secretary of Labor (MSHA) v. Asarco, Incorporated (ALJ decision, July 7, 1981)

Secretary of Labor (MSHA) v. Asarco, Incorporated (FMSHRC WEST 79-124-M): Penalty totals corrected after omitted citations

Decision type
ALJ decision
Dockets
WEST 79-124-M, WEST 79-125-M, WEST 79-126-M, WEST 79-207-M, WEST 79-310-M, WEST 81-12-M, WEST 81-13-M
Decided
July 7, 1981
Presiding judge
John A. Carlson
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-22
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1981 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 1981
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 order correcting a decision, not Commission precedent
This order amended the June 30, 1981 decision and 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

Judge John A. Carlson corrected penalty figures in his June 30, 1981 decision involving Asarco's Leadville Mine. He added two omitted citations with $122 penalties each to docket WEST 79-124-M, bringing that docket's total to $3,549. He added two omitted citations with $90 and $160 penalties to docket WEST 79-125-M, bringing that total to $2,649. He also omitted a $44 entry from the penalty column for docket WEST 81-12-M, correcting its total to $1,619. The order addresses the penalty accounting and does not revisit the underlying violations.

Decision snapshot

  • Cited standards: None stated in this correction order.
  • Outcome: Earlier decision modified: corrected penalty totals of $3,549, $2,649, and $1,619 in the three affected dockets.
  • Key point: The order adds four omitted citation penalties and omits the last $44 figure from the earlier decision.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 333 W. COLFAX AVENUE, SUITE 400
DENVER, COLORADO 80204 JUL 7 1981
CIVIL PENALTY PROCEEDING
SECRETARY OF LABOR, MINE SAFETY AND )
HEALTH ADMINISTRATION (MSHA),
DOCKET NO. WEST 79-124-M
,' MSHA CASE NO. 05-00516-05010
Petitioner, .) DOCKET NO. WEST 79-125-M MSHA CASE NO. 05-00516-05011
; DOCKET NO. WEST 79-126-M
MSHA CASE NO. 05-00516-05012
DOCKET NO. WEST 79-207-M
MSHA CASE NO. 05-00516-05013
DOCKET NO. WEST 79-310-M
MSHA CASE NO. 05-00516-05014
DOCKET NO. WEST 81-12-M
ASARCO, INCORPORATED,
; MSHA CASE NO. 05-00516-05022
DOCKET NO. WEST 81-13-M
Respondent. ; MSHA CASE NO. 05-00516-05023 >
MINE: Leadville Mine

ORDER CORRECTING DECISION
The following Citation nos. and the corresponding penalty were inadvertently omitted from the final decision issued June 30, 1981.
They
should be added to those listed in the decision.

DOCKET NO. WEST 79-124-M

Citation No.
Penalty ’

333383
$122.00
333384
122.00

The total penalty amount should *therefore be $3,549.00.

DOCKET NO. WEST 79-125-M

Citation No.
Penalty

333886
$ 90.00
333888
160.00

The total penalty amount should therefore be $2,649.00.

Concerning Docket No. WEST 81-12-M the last figure of $44.00 in the penalty column should be omitted. The total penalty amount should be $1,619.00.

SO ORDERED.

1736
John A. Carlson
Administrative Law Judge

Distribution:

James H. Barkley, Esq.
Office of the Solicitor
United States Department of Labor
1585 Federal Building
1861 Stout Street
Denver, Colorado 80294

Earl K. Madsen, Esq.
Bradley, Campbell & Carney
1717 Washington Avenue
Golden, Colorado 80401

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