Ezel / Agency Decisions / WEST 85-173-M

N.L. Baroidadiv/N.L. Industries (ALJ decision, November 25, 1986)

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

Decision type
ALJ decision
Docket
WEST 85-173-M
Decided
November 25, 1986
Presiding judge
John J. Morris
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-08-26
Cited standards
30 C.F.R. § 56.51(a) 29 C.F.R. § 2700.11 30 U.S.C. § 801
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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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