Ezel / Agency Decisions / WEST 82-150

Secretary of Labor v. Powderhorn Coal Company (ALJ decision, October 26, 1984)

Secretary of Labor v. Powderhorn Coal Company (FMSHRC WEST 82-150): Citation settled for $600

Decision type
ALJ decision
Docket
WEST 82-150
Decided
October 26, 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, not Commission precedent
This judge's decision was subject to Commission review under the 40-day rule in 30 U.S.C. § 823(d)(1). It binds the parties if not reviewed but is not binding on the Commission in other cases. 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

At the hearing in Powderhorn Coal Company's civil penalty case, the parties announced a settlement. The Secretary agreed to reduce the proposed penalty from $750 to $600, and Powderhorn withdrew its notice of contest. Judge John A. Carlson approved the agreement, affirmed the citation, and ordered payment within 30 days. The decision does not identify the cited safety standard or describe the underlying violation.

Decision snapshot

  • Cited standards: None identified in the decision.
  • Outcome: Citation affirmed under the settlement; $600 civil penalty assessed.
  • Key point: The judge approved a reduced penalty after the operator withdrew its contest.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. POWDERHORN COAL
DDATE:
19841026
TTEXT:
~2501

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 82-150
PETITIONER A.C. No. 05-00281-03066 V v.
Roadside Mine
POWDERHORN COAL COMPANY,
RESPONDENT

DECISION

Appearances: James H. Barkley, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Randy Bishop, Safety Director, Powderhorn Coal Company, Grand Junction, Colorado, pro se.

Before: Judge Carlson

When this civil penalty proceeding was called for hearing at Grand Junction, Colorado, on September 26, 1984, the parties announced upon the record that they had reached a settlement.

Counsel for the petitioner moved that the penalty be reduced from the $750.00 originally proposed to $600.00. Respondent, in turn, moved to withdraw its notice of contest.

Based upon my review of the file and information placed upon the record at the hearing, I am satisfied that the settlement terms are appropriate and should be approved.

Accordingly, the motions made at trial are granted.
Respondent's notice of contest is withdrawn; the citation is affirmed; and respondent shall pay a civil penalty of
$600.00 within 30 days of the date of this decision.

SO ORDERED.

John A. Carlson
Administrative Law Judge

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