Ezel / Agency Decisions / west-87-31-r-alj
FMSHRC ALJ decision Docket WEST 87-31-R, WEST 87-32-R, WEST 87-100 Decided August 21, 1987 Settled Judge Michael A. Lasher, Jr.

Utah Power and Light Company

Utah Power and Light Company (FMSHRC WEST 87-31-R, WEST 87-32-R, and WEST 87-100): Settlement approved and citation vacated

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This order from 1987 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 1987
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 approving a settlement, 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

Utah Power and Light Company reached a settlement with the Secretary covering two contested citations and a related civil penalty proceeding at the Little Dove Mine. The Secretary agreed to vacate Citation No. 2928409, and the operator agreed to withdraw its contest of Citation No. 2928408 and pay its $20 penalty. The operator also agreed to accept the Secretary's position that chiropractic treatment is reportable as other professional treatment under 30 C.F.R. Part 50. Judge Michael A. Lasher, Jr. approved the settlement, dismissed one contest, vacated the other citation, and ordered payment of the $20 penalty.

Decision snapshot

  • Cited standard: 30 C.F.R. § 50.20-3(a)(8)(ii)
  • Outcome: The settlement was approved, one citation was vacated, one contest was withdrawn and dismissed, and a $20 penalty was ordered paid.
  • Key point: The settlement resolved two citation contests by vacating one citation and requiring payment of the other, while recording the operator's agreement that chiropractic treatment is reportable.

Full text (FMSHRC public release)

CCASE:
UTAH POWER V. SOL (MSHA)
DDATE:
19870821
TTEXT:

Page 2

~1507

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

UTAH POWER AND LIGHT COMPANY, CONTEST PROCEEDINGS
CONTESTANT
Docket No. WEST 87-31-R
v. Citation No. 2928408; 10/9/86

SECRETARY OF LABOR, Docket No. WEST 87-32-R
MINE SAFETY AND HEALTH Citation No. 2928409; 10/9/86
ADMINISTRATION (MSHA),
RESPONDENT Little Dove Mine

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 87-100
PETITIONER A.C. No. 42-01393-03546
v.
Little Dove Mine
UTAH POWER AND LIGHT
COMPANY,
RESPONDENT

                   DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 The parties have reached a settlement of these two contest

matters and the related penalty proceeding which collectively
involve two citations which, in turn, were each administratively
assessed $20.00 penalties.

 Pursuant to the settlement, the Secretary has agreed to

vacate Citation No. 2928409, which was contested in Docket No.
WEST 87-32-R. The mine operator, Utah Power and Light Company has
agreed to voluntarily withdraw the contest of Citation No.
2928408 in Docket No. WEST 87-31-R and to voluntarily pay the
$20.00 civil penalty in full for that violation. The mine
operator also agrees in the future to accept the Secretary's
position that chiropractic treatment constitutes "other
professional treatment" under 30 C.F.R. 50.20-3(a)(8)(ii) and is
therefore reportable under 30 C.F.R. Part 50.

 Information contained in the settlement motion reflects that

Utah Power and Light Company Mining Division, is a large mine
operator with an average history of prior violations and that the
violation reflected in Citation No. 2928408 involved low degrees
of both seriousness and negligence and was abated in good faith.

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ORDER

 The various provisions of the settlement appearing to be

fully justified, it is Ordered:

 1. Utah Power and Light's withdrawal of its contest in

Docket No. WEST 87-31-R is approved and that proceeding is
dismissed;

 2. The Secretary's request for vacation of Citation No.

2928409 is approved and such Citation is vacated;

 3. With respect to Citation No. 2928408 (Docket No. WEST

87-31-R), Utah Power and Light, if it has not previously done so,
is ordered to pay the Secretary of Labor a penalty of $20.00
within 30 days from the issuance of this decision.

                         Michael A. Lasher, Jr.
                         Administrative Law Judge

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