Ezel / Agency Decisions / WEST 85-18-M

Secretary of Labor v. FMC Wyoming Corporation (ALJ decision, April 10, 1985)

Secretary of Labor v. FMC Wyoming Corporation (FMSHRC WEST 85-18-M): $168 settlement approved

Decision type
ALJ decision
Docket
WEST 85-18-M
Decided
April 10, 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 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

The Secretary of Labor sought a civil penalty against FMC Wyoming Corporation for its FMC Trona Mine. The Secretary moved to approve a settlement at the full amount of the initial $168 assessment. Judge Michael A. Lasher, Jr. found the proposal proper, confirmed his earlier approval from the bench, and ordered payment within 30 days if it had not already been made. The brief decision does not identify the underlying citation, safety standard, or alleged condition.

Decision snapshot

  • Cited standards: None identified in the decision.
  • Outcome: Settlement approved at the initial $168 assessment.
  • Key point: The judge confirmed approval of the full assessment after the Secretary's motion.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V.FMC WYOMING
DDATE:
19850410
TTEXT:
~536
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 85-18-M
PETITIONER
A.C. No. 48-00152-05523

v. FMC Trona Mine

FMC WYOMING CORPORATION,
RESPONDENT

Appearances: Robert J. Lesnick, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
John A. Snow, Esq., and James A. Holtkamp, Esq., VanCott, Bagley, Cornwall & McCarthy Salt Lake City, Utah, for Respondent.

DECISION

Before: Judge Lasher

Upon Petitioner's written motion for approval of a proposed settlement on the record on March 7, 1985, in Salt Lake City, Utah, and the same appearing proper and in the full amount of the initial assessment, the settlement which was approved from the bench during proceedings involving Respondent, is here affirmed.

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 $168.00.

Michael A. Lasher, Jr.
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace