Ezel / Agency Decisions / WEST 81-163

Secretary of Labor v. Medicine Bow Coal Company (ALJ decision, June 14, 1984)

Secretary of Labor v. Medicine Bow Coal Company (FMSHRC WEST 81-163): Settlement approved for two citations

Decision type
ALJ decision
Docket
WEST 81-163
Decided
June 14, 1984
Presiding judge
John A. Carlson
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 approving a settlement, not Commission precedent
This decision became final as to the two settled citations under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review of this order appears in the official index. It binds the parties but is not Commission precedent. The judge addressed the three remaining citations in a separate decision issued at the same time. 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

Medicine Bow Coal Company faced five mine safety citations in this penalty case. The company and the Secretary agreed to resolve two of them by withdrawing the contests and paying the originally proposed penalties. Judge John A. Carlson treated their motion as a settlement request under section 110(k) of the Mine Act, approved it, and affirmed citations 828415 and 828439. The order required payment of $395 for the first citation and $345 for the second within 40 days. The judge said a separate decision issued at the same time resolved the other three citations after a hearing.

Decision snapshot

  • Cited standards: None identified in this settlement decision; the judge cited section 110(k) of the Mine Act for settlement approval.
  • Outcome: Settlement approved; two citations affirmed with $740 in total penalties.
  • Key point: This order resolves only two of the five citations in docket WEST 81-163.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MEDICINE COAL
DDATE:
19840614
TTEXT:

Page 2

~1537

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 81-163
PETITIONER
A.C. No. 48-00900-03018
v.
Medicine Bow Mine
MEDICINE BOW COAL COMPANY,

RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: James H. Barkley, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Brent L. Motchan, Esq., Medicine Bow Coal Company, St. Louis,M Missouri, for Respondent.

Before: Judge Carlson

The parties have submitted a motion styled "Stipulation, Motion to Withdraw Notice of Contest, and Order Payment." The motion would dispose of two of the five citations comprising Docket No. WEST 81-163. It relates to citations 828415 and 828439. (The remaining citations, 828440, 828442 and 828443, are dealt with in a full decision following hearing on the merits, issued contemporaneously with this present settlement.)

The parties, in the present motion, ask that respondent be granted leave to pay the full penalties originally proposed for the two citations in question, and to withdraw its notices of contest. Under section 110(k) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801, et seq.), I construe the pleading as one for approval of a settlement agreement.

The agreement is appropriate and is approved in its entirety. Accordingly, citations 828415 and 828439 are affirmed. Respondent shall, within 40 days of the date of this decision, pay a civil penalty of $395.00 in connection with citation 828415 and $345.00 in connection with citation 828415 and $345.00 in connection with citation 828439.

SO ORDERED.

John A. Carlson
Administrative Law Judge

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