Secretary of Labor v. Western Rock Products Corporation (ALJ decision, February 27, 1985)

Secretary of Labor v. Western Rock Products Corporation (FMSHRC WEST 84-51-M): Single citation settled for $20

Decision type

ALJ decision

Docket

WEST 84-51-M

Decided

February 27, 1985

Presiding judge

John J. Morris

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-10-20

Cited standards

30 C.F.R. § 56.20-8(a)

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.

Final ALJ decision, not Commission precedent

This settlement approval 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

MSHA charged Western Rock Products with a violation of 30 C.F.R. § 56.20-8(a) at its Delta Pit. The Secretary originally proposed a $20 penalty. At the hearing, the Secretary told Judge John J. Morris that Western Rock had agreed to pay that amount. The judge approved the settlement, affirmed Citation No. 2083812 and its $20 penalty, and ordered payment within 40 days. The decision does not describe the condition underlying the citation.

Decision snapshot

Cited standard: 30 C.F.R. § 56.20-8(a).
Outcome: Settlement approved; Citation No. 2083812 and its $20 penalty affirmed, payable within 40 days.
Key point: The operator accepted the originally proposed penalty for this single citation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTERN ROCK
DDATE:
19850227
TTEXT:
~295
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 84-51-M
PETITIONER
A.C. No. 42-01833-05506

v. Delta Pit

WESTERN ROCK PRODUCTS
CORPORATION,
RESPONDENT

DECISION

Appearances: Robert J. Lesnick, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
No appearance for Respondent.

Before: Judge Morris

The Secretary of Labor, on behalf of the Mine Safety and Health Administration, charges respondent with violating a safety regulation promulgated under the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq.

After notice to the parties, a hearing commenced on December 5, 1984 in Las Vegas, Nevada.

At the commencement of the hearing counsel for the Secretary advised the judge that the parties had reached an amicable settlement.

Citation 2083812 alleges respondent violated 30 C.F.R.
56.20-8(a) and the Secretary originally proposed a penalty of
$20.

Counsel for the Secretary advised the judge that the respondent has agreed to pay the proposed penalty.

The proposed settlement is in order and it should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement agreement is APPROVED.
~296
2. Citation 2083812 and the penalty of $20 are AFFIRMED.

3. Respondent is ordered to pay to the Secretary the sum of $20 within 40 days of the date of this decision.

John J. Morris
Administrative Law Judge

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