Ezel / Agency Decisions / WEST 85-23-M

Secretary of Labor v. Western Rock Products Corporation (ALJ decision, March 12, 1986)

Western Rock Products (FMSHRC WEST 85-23-M): Full proposed penalties accepted in settlement

Decision type
ALJ decision
Dockets
WEST 85-23-M, WEST 85-24-M
Decided
March 12, 1986
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 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 settlement 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

Western Rock Products Corporation agreed to pay all proposed penalties in two consolidated civil penalty cases after the hearing began. The order lists seven citations for its Cedar City Mine and seven for its Sorenson Pit Mine but does not describe the underlying conditions or cite the safety standards. Judge Michael A. Lasher Jr. approved the settlement and dismissed both proceedings. He ordered payment of $1,480 for the Cedar City docket and $178 for the Sorenson Pit docket, totaling $1,658, within 30 days unless already paid.

Decision snapshot

  • Cited standards: The order does not identify the standards underlying its 14 listed citations.
  • Outcome: Settlement approved; $1,658 in total civil penalties ordered across two dockets.
  • Key point: The company accepted the Secretary's full proposed penalties after the hearing commenced.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTERN ROCK PRODUCTS
DDATE:
19860312
TTEXT:
~362

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 85-23-M
PETITIONER
A.C. No. 42-00415-05506
Cedar City Mine v.
Docket No. WEST 85-24-M
WESTERN ROCK PRODUCTS
A.C. No. 42-01572-05505
CORPORATION,
Sorenson Pit Mine
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Robert J. Lesnick, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Mr. Darrell G. Whitney, Western Rock Products Corporation, St. George, Utah, pro se.

Before: Judge Lasher

Subsequent to the commencement of the hearing in the above two consolidated dockets, Respondent agreed to pay the penalties set forth in the Secretary's Proposal for Penalty in full, to wit:

Docket No. WEST 85Ä23ÄM

Proposed and
Citation No.
Agreed Penalty
2358849
$ 227.00
2358850
20.00
2358851
227.00
2358852
227.00
2358853
227.00
2358854
276.00
2358855
276.00
TOTAL $1,480.00
~363
Docket No. WEST 85Ä24ÄM

Proposed and
Citation No.
Agreed Penalty
2358856
$ 58.00
2358858
20.00
2358859
20.00
2358860
20.00
2360661
20.00
2360662
20.00
2360663
20.00
TOTAL $178.00

Both parties agreeing, and the settlement appearing reasonable and proper, the settlement was approved from the bench. That approval is hereby affirmed and both proceedings are DISMISSED. The reasonableness and good faith approach of both parties is noted.

ORDER

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 $1,658.00.

Michael A. Lasher, Jr.
Administrative Law Judge

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