Ezel / Agency Decisions / WEST 80-6-M

Secretary of Labor (MSHA) v. Calvin Black Enterprises (ALJ decision, September 2, 1983)

Secretary of Labor (MSHA) v. Calvin Black Enterprises (FMSHRC WEST 80-6-M): Citation number corrected in prior order

Decision type
ALJ decision
Dockets
WEST 80-6-M, WEST 80-81-M, WEST 80-82-M
Decided
September 2, 1983
Presiding judge
Virgil E. Vail
Outcome
Procedural
Precedential status
Reviewed by the Commission
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1983
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
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

Judge Virgil E. Vail issued a correction to an earlier decision in three consolidated civil penalty cases involving Calvin Black Enterprises. The correction changes a citation number in the prior order from 336697 to 336696. It makes no other stated change to the ruling or penalties. The Commission later reviewed and affirmed the consolidated decision.

Decision snapshot

  • Cited standard: None identified in this correction order.
  • Outcome: Citation number in the August 16 order corrected from 336697 to 336696.
  • Key point: The correction identifies the citation covered by the prior order; it does not restate that order's merits.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CALVIN BLACK ENTERPRISES
DDATE:
19830902
TTEXT:
~1539

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 80-6-M
PETITIONER
A/C No. 42-00784-05001
Docket No. WEST 80-81-M
v. A/C No. 42-00550-05001 R
Docket No. WEST 80-82-M
CALVIN BLACK ENTERPRISES,
A/C No. 42-00784-05002 R
RESPONDENT
Blue Lizard and Markey Mines

CORRECTION TO DECISION
ISSUED AUGUST 16, 1983

On page 8, under paragraph titled "ORDER", the citation No.
"336697" appearing in line 2 is corrected to read "336696."

Virgil E. Vail
Administrative Law Judge

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