Ezel / Agency Decisions / WEST 83-121-M

Secretary of Labor v. Kennecott Minerals Company, Utah Copper Division (ALJ decision, May 15, 1985)

Secretary of Labor v. Kennecott Minerals Company (FMSHRC WEST 83-121-M): Two citations settled for $370

Decision type
ALJ decision
Docket
WEST 83-121-M
Decided
May 15, 1985
Presiding judge
Michael A. Lasher, Jr.
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 1985 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 1985
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 decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index for this docket. It binds 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

The Secretary of Labor proposed settlement of two citations against Kennecott Minerals' Utah Copper Division. The agreement kept the original assessments of $20 and $350. Judge Michael A. Lasher Jr. approved the settlement and ordered Kennecott to pay $370 within 30 days if it had not already paid. The short decision does not identify the cited standards or describe the violations. Judge John A. Carlson signed the release for Judge Lasher.

Decision snapshot

  • Cited standards: Not identified in this settlement decision.
  • Outcome: Two citations settled for their original assessments, totaling $370.
  • Key point: The judge approved the full original penalty amounts for both citations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. KENNECOTT MINERALS
DDATE:
19850515
TTEXT:
~732
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 83-121-M
PETITIONER
A.C. No. 42-00149-05506

v. Utah Copper Division

KENNECOTT MINERALS COMPANY,
UTAH COPPER DIVISION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Lasher

Upon Petitioner's motion for approval of a proposed settlement of the two violations involved, and the same appearing proper and in the full amount of the initial assessment, the settlement is approved.

Respondent, if it has not previously done so, is ordered to pay to the Secretary of Labor within 30 days from the date hereof the sum of $370.00 ($20.00 for Citation No. 2083588 and $350.00 for Citation No. 2083589).

John A. Carlson
Administrative Law Judge

For and at the direction of:
Michael A. Lasher, Jr.
Administrative Law Judge

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