Ezel / Agency Decisions / west-85-121-m-alj
FMSHRC ALJ decision Docket WEST 85-121-M Decided September 20, 1985 Settled Judge Michael A. Lasher, Jr. Transcribed from scan

Helca Day Mines, Inc.

Helca Day Mines, Inc. (FMSHRC WEST 85-121-M): Settlement approved with $225 penalty

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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. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Helca Day Mines, Inc. reached a settlement concerning a violation arising from the Secretary's partially successful prosecution of a discrimination matter. The settlement reduced MSHA's initial $300 assessment to $225. Judge Michael A. Lasher, Jr. noted the operator's medium size, commendable safety-standard violation history, good-faith abatement, and stated concern about the matter. He found that the settlement served the best interests of mine safety, approved it, and ordered payment of $225 within 30 days.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The settlement was approved, and Helca Day Mines was ordered to pay a $225 penalty.
  • Key point: The ALJ approved a reduced penalty after considering the operator's history, abatement, and assurances concerning future safety.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. HECLA DAY MINES
DDATE:
19850920
TTEXT:

Page 2

~1399
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 85-121-M
PETITIONER A.C. No. 45-00365-05514

       v.                           Republic Unit

HELCA DAY MINES, INC.,
RESPONDENT

                 DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 The parties have reached a settlement of the violation (FOOTNOTE.1)

involved in the total sum of $225.00. MSHA's initial assessment
therefor was $300.00.

 The Respondent is a medium-sized mine operator with a

commendable history of prior violations insofar as
safety-standard infractions are concerned. Respondent has abated
the violative conditions in good faith and continues to reflect
concern over this matter, according to the Secretary.

 The Secretary's motion for approval also indicates that

Respondent has acknowledged the problem" involved in the
underlying discrimination matter; that there have been "no other
incidents similar in nature"; and that the Secretary has been
assured by Respondent's management of its good faith in
safeguarding against future occurrences.

 In the premises, it appears that the settlement serves the

best interests of mine safety and the same is approved.

                            ORDER

 Respondent, if it has not previously done so, is ordered to

pay $225.00 to the Secretary of Labor within 30 days from the
date of this decision.

                           Michael A. Lasher, Jr.
                           Administrative Law Judge

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
FOOTNOTES START HERE:-

~Footnote_one

 1 This penalty proceeding arises out of the Secretary's

partially successful prosecution of a discrimination matter, WEST
81-323-DM.

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