Ezel / Agency Decisions / WEST 82-117-M

Secretary of Labor (MSHA) v. Plateau Resources Limited (ALJ decision, September 26, 1983)

Secretary of Labor (MSHA) v. Plateau Resources Limited (FMSHRC WEST 82-117-M): Noise penalties imposed after contest lapsed

Decision type
ALJ decision
Docket
WEST 82-117-M
Decided
September 26, 1983
Presiding judge
Joseph B. Kennedy
Outcome
Citations affirmed
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 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 proposed penalties for two noise violations at Plateau Resources Limited's Lucky Strike Mine. The operator did not renew its contest as required by an earlier order. Judge Joseph B. Kennedy dismissed the contest with prejudice, leaving the proposed penalties in place. He ordered Plateau to pay $144 by October 14, 1983. The decision does not identify the noise standards or describe the underlying conditions.

Decision snapshot

  • Cited standards: Two noise standards are mentioned but not numbered in this decision.
  • Outcome: Contest dismissed with prejudice; $144 in proposed penalties ordered paid.
  • Key point: The operator's failure to renew its contest left the proposed penalties enforceable.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PLATEAU RESOURCES
DDATE:
19830926
TTEXT:
~1638

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 82-117-M
PETITIONER
A.C. No. 42-01150-05018

v. Lucky Strike Mine

PLATEAU RESOURCES LIMITED,
RESPONDENT

DECISION

Appearances: Phyllis Caldwell, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner James A. Holtkamp, Esq., Van Cott, Bagley Cornwall & McCarthy, Salt Lake City, Utah, for Respondent

Before: Judge Kennedy

The operator having failed to renew its contest of the penalties proposed for the two noise violations cited in the captioned matter as provided in the Order of March 28, 1983, it is ORDERED that said notice of contest be, and hereby is DISMISSED with prejudice and that the operator pay the amount of the penalties proposed, $144.00, on or before Friday, October 14, 1983.

Joseph B. Kennedy
Administrative Law Judge

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