Ezel / Agency Decisions / WEST 82-1-M

Secretary of Labor (MSHA) v. American Mine Services, Inc. (ALJ decision, October 12, 1983)

Secretary of Labor (MSHA) v. American Mine Services, Inc. (FMSHRC WEST 82-1-M): Penalty corrected from $87 to $78

Decision type
ALJ decision
Docket
WEST 82-1-M
Decided
October 12, 1983
Presiding judge
John A. Carlson
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-10-21
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 amendment to an administrative law judge decision became final 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

Judge John A. Carlson amended his September 30, 1983 decision involving American Mine Services, Inc. at the LaSal No. 2 Mine. He corrected the civil penalty for Citation No. 583964 from $87 to $78, including the penalty amount stated on page six of the earlier decision. He left the rest of that decision unchanged. This short amendment does not describe the cited condition or identify its standard.

Decision snapshot

  • Cited standard(s): None identified in this amendment.
  • Outcome: Penalty for Citation No. 583964 corrected from $87 to $78; other rulings unchanged.
  • Key point: The amendment changes the assessed penalty amount for this citation without revisiting the merits.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. AMERICAN MINE
DDATE:
19831012
TTEXT:
~1796

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 82-1-M
PETITIONER
MSHA Case No. 42-01689-05003 XO2

v. LaSal No. 2 Mine

AMERICAN MINE SERVICES, INC.,
RESPONDENT

AMENDMENT OF DECISION

The decision issued in the above captioned matter on September 30, 1983, is hereby AMENDED to reflect that the civil penalty assessed for citation 583964 is "$78.00" rather than "$87.00." Likewise, on page six of the decision, all references to a penalty sum of "$87.00" are AMENDED to reflect "$78.00."

In all other respects, the decision remains the same.

John A. Carlson
Administrative Law Judge

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