Ezel / Agency Decisions / WEST 81-393-M

Secretary of Labor (MSHA) v. Kennecott Minerals Company, Utah Copper Division (ALJ decision, October 17, 1983)

Secretary of Labor (MSHA) v. Kennecott Minerals Company, Utah Copper Division (FMSHRC WEST 81-393-M): Penalty reduced to $700

Decision type
ALJ decision
Docket
WEST 81-393-M
Decided
October 17, 1983
Presiding judge
John J. Morris
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Cited standards
30 C.F.R. § 55.9-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 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.
Final ALJ decision under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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 cited Kennecott Minerals Company's Utah Copper Division under 30 C.F.R. § 55.9-20 and proposed a $1,000 penalty. At the hearing, the agency reduced its proposed penalty to $700 because the operator's negligence was lower than initially assessed. Kennecott then withdrew its contest. Judge John J. Morris granted both motions, affirmed the citation with the amended $700 penalty, and ordered payment within 30 days. The brief decision does not describe the cited condition.

Decision snapshot

  • Cited standard: 30 C.F.R. § 55.9-20.
  • Outcome: Citation affirmed; penalty reduced from $1,000 to $700.
  • Key point: The operator withdrew its contest after MSHA reduced its negligence assessment and proposed penalty.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KENNECOTT MINERALS
DDATE:
19831017
TTEXT:
~1861

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 81-393-M
PETITIONER
A/C No. 42-00149-05017 F

v. Utah Copper Division

KENNECOTT MINERALS COMPANY,
UTAH COPPER DIVISION,
RESPONDENT

DECISION

Before: Judge Morris

The Secretary of Labor, on behalf of the Mine Safety and Health Administration, (MSHA), charges respondent Kennecott Minerals Company with violating Title 30, Code of Federal Regulations, Section 55.9-20, a safety regulation promulgated under the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq. (the "Act").

A hearing on this case and related cases involving the parties commenced in Salt Lake City, Utah on September 20, 1983.

At the hearing the petitioner moved to amend his proposed civil penalty by reducing it to $700 from $1,000.

As grounds therefor the petitioner states the negligence of the operator was less than originally assessed. (Tr. 8).

In view of the amendment respondent moved to withdraw its notice of contest. (Tr. 9-10).

For good cause shown and pursuant to Commission Rule 29 C.F.R. 2700.11 the motions are granted and I enter the following:

ORDER

1. Citation 576293 and the proposed penalty, as amended, in the amount of $700, are affirmed.

2. Respondent is ordered to pay said sum within 30 days of the date of this decision.

John J. Morris
Administrative Law Judge

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