Ezel / Agency Decisions / WEST 80-363-M

Secretary of Labor v. N. A. Dagerstrom, Inc. (ALJ decision, October 17, 1980)

N. A. Dagerstrom (FMSHRC WEST 80-363-M): Citation vacated after investigation

Decision type
ALJ decision
Docket
WEST 80-363-M
Decided
October 17, 1980
Presiding judge
Joseph B. Kennedy
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1980 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 1980
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 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 binding on the Commission in other cases. 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 sought a penalty against N. A. Dagerstrom concerning its QS-C-109 Mine. After a pretrial investigation, the Secretary moved to vacate the underlying citation because no violation had occurred. Judge Joseph B. Kennedy independently reviewed the circumstances and found the evidence insufficient to support the charge. He granted the motion, withdrew the penalty proposal, vacated the citation, and dismissed the case with prejudice. The short decision does not identify the cited standard or state a penalty amount.

Decision snapshot

  • Cited standard: Not identified in the decision.
  • Outcome: Citation vacated and penalty proposal withdrawn; case dismissed with prejudice.
  • Key point: The Secretary's investigation and the judge's review found no support for the alleged violation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. N.A. DAGERSTROM
DDATE:
19801017
TTEXT:
~3005

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 80-363-M
PETITIONER
A.O. No. 45-02684-05002

v. QS-C-109 Mine

N. A. DAGERSTROM, INC.,
RESPONDENT

DECISION AND ORDER

Pursuant to Rule 11, the Secretary moves for an order vacating the citation which underlies the charge of violation of the mandatory safety standard cited. The motion is predicated on the fact that the solicitor's pretrial investigation of the charge conclusively demonstrates that no violation, in fact, occurred.

Based on an independent evaluation and de novo review of the circumstances, I conclude the evidence is insufficient to support the charge upon which the proposal for penalty rests.

Accordingly, it is ORDERED that the motion to withdraw the proposal for penalty, vacate the citation, and dismiss this matter be, and hereby is, GRANTED and the captioned matter be, and hereby is, DISMISSED WITH PREJUDICE. Climax Molybdenum Company, 2 FMSHRC _____ (October 7, 1980).

Joseph B. Kennedy
Administrative Law Judge

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