Ezel / Agency Decisions / west-85-173-m-alj
FMSHRC ALJ decision Docket WEST 85-173-M Decided November 25, 1986 Citations vacated Judge John J. Morris

N.L. Baroidadiv/N.L. Industries

N.L. Baroidadiv/N.L. Industries (FMSHRC WEST 85-173-M): Citation vacated and case dismissed

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This order from 1986 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 1986
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.
Read the official release (fmshrc.gov)

Plain-English summary

MSHA initiated a civil-penalty proceeding against N.L. Baroidadiv/N.L. Industries for an alleged violation of a mandatory safety standard. At the hearing, MSHA moved to vacate its citation and dismiss the petition. Judge John J. Morris granted the motion and dismissed the case.

Decision snapshot

  • Cited standard: 30 C.F.R. § 56.51(a).
  • Outcome: The citation was vacated and the civil-penalty case was dismissed.
  • Key point: The ALJ granted MSHA’s motion to withdraw the citation and end the penalty proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. N.L. BAROID
DDATE:
19861125
TTEXT:

Page 2

~1852

       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 85-173-M
PETITIONER A.C. No. 48-01405-05502

      v.                               Lovell Plant

N.L. BAROIDÄDIV/N.L.
INDUSTRIES,
RESPONDENT

                            DECISION

Appearances: James H. Barkley, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
for Petitioner;
Mr. J.D. Fontenot, NL Baroid/NL Industries, Inc.,
Houston, Texas pro se.

Before: Judge Morris

 This is a civil penalty proceeding initiated by petitioner

against respondent in accordance with the Federal Mine Safety and
Health Act of 1977, 30 U.S.C. 801 et seq. The civil penalty
sought here was for the violation of 30 C.F.R. 56.5Ä1(a), a
mandatory standard promulgated pursuant to the Act.

 After notice to the parties, a hearing on the merits

commenced in Billings, Montana on November 4, 1986. At the
hearing petitioner moved to vacate his citation and dismiss his
petition.

 Pursuant to Commission Rule 11, 29 C.F.R. 27800.11 and for

good cause shown, the motion to vacate is granted.

Accordingly, the case is dismissed.


                       John J. Morris
                       Administrative Law Judge

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