Ezel / Agency Decisions / WEST 85-28

Secretary of Labor v. Peabody Coal Company (ALJ decision, May 15, 1985)

Secretary of Labor v. Peabody Coal Company (FMSHRC WEST 85-28, WEST 85-40, and WEST 85-57): Nine citations settled for $180

Decision type
ALJ decision
Dockets
WEST 85-28, WEST 85-40, WEST 85-57
Decided
May 15, 1985
Presiding judge
John A. Carlson
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 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 for these dockets. 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 and Peabody Coal Company proposed to settle nine citations at the Kayenta Surface Mine across three cases. The company agreed to pay the full originally proposed $20 penalty for each citation. Judge John A. Carlson consolidated the cases and approved the amended settlement agreement. He ordered payment of $180 within 30 days and dismissed the proceedings. The decision does not identify the cited standards or describe the violations.

Decision snapshot

  • Cited standards: Not identified in this settlement decision.
  • Outcome: Nine citations settled for $20 each, totaling $180; all three proceedings dismissed.
  • Key point: The judge approved a consolidated settlement at the original assessments.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. PEABODY COAL
DDATE:
19850515
TTEXT:
~731
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 85-28
PETITIONER
A.C. No. 02-01195-03513

Docket No. WEST 85-40
v. A.C. No. 02-01195-03514

Docket No. WEST 85-57
PEABODY COAL COMPANY,
A.C. No. 02-01195-03516
RESPONDENT
Kayenta Surface Mine

DECISION APPROVING SETTLEMENT

Before: Judge Carlson

The respondent's motion for consolidation of these three cases is hereby granted.

The parties have submitted an amended settlement agreement through which they seek to settle all issues. Specifically, the parties agree that respondent shall pay the full $20 penalty originally proposed by the petitioner for each of the nine citations, and they move jointly for dismissal of these proceedings

Based upon the representations of the parties and the contents of the files, I conclude that the settlement agreement should be approved.

Accordingly, the settlement agreement is approved in all respects, and the motions of the parties are granted. Respondent shall therefore pay a total of $180.00 in civil penalties within 30 days of this decision. These proceedings are dismissed.

SO ORDERED.

John A. Carlson
Administrative Law Judge

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