Ezel / Agency Decisions / west-91-113-m-alj
FMSHRC ALJ decision Docket WEST 91-113-M Decided November 18, 1991 Modified Judge Michael A. Lasher, Jr.

Asarco, Incorporated

Asarco, Incorporated (FMSHRC WEST 91-113-M): Two citations modified and four affirmed with $270 penalty

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This order from 1991 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 1991
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

The Secretary sought penalties against Asarco for four violations at the Black Cloud Mine, Leadville Unit. The parties reached a settlement during the hearing. Judge Michael A. Lasher, Jr. modified two citations by changing the gravity designation from fatal to lost workdays or restricted duty, affirmed those citations as modified, and affirmed the remaining two citations. The total civil penalty was set at $270.

Decision snapshot

  • Governing provision: 30 U.S.C. § 820(a)
  • Outcome: Two citations were modified and affirmed as modified, and the other two were affirmed; the total penalty was $270.
  • Key point: The settlement changed the gravity designation on two citations and resolved the four-citation proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ASARCO
DDATE:
19911118
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 91-113-M
PETITIONER A.C. No. 05-00516-05545

      v.                            Black Cloud Mine
                                    Leadville Unit

ASARCO, INCORPORATED,
RESPONDENT

                         DECISION

Appearances: Robert J. Murphy, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
for Petitioner;
Earl K. Madsen, Esq., BRADLEY, CAMPBELL, CARNEY &
MADSEN, Golden, Colorado,
for Respondent.

Before: Judge Lasher

 In this proceeding the Secretary of Labor (MSHA) seeks

assessment of penalties for four violations (described in four
Citations) pursuant to Section 110(a) of the Federal Mine Safety
and Health Act of 1977, 30 US.C. 820(a) (1977).

 Upon commencement of hearing in Leadville, Colorado, on

October 22, 1991, the parties concluded settlement of the entire
matter calling for modification and reduction of penalty as to
two of the Citations and payment in full of MSHA's proposed
penalties for the remaining two Citations. The settlement was
proposed on the record at the hearing and my bench decision
approving such appears in the transcript and is here AFFIRMED.
The terms of the agreed resolution (including the two
modifications) and my assessment of penalties appear both on the
record and in the Order effectuating the settlement which
follows:

                        ORDER

 1. Citations numbered 2643174 and 2643176 are MODIFIED to

change paragraph 10 B thereof pertaining to "Gravity" from
"Fatal" to "Lost Workdays or Restricted Duty," and are otherwise
AFFIRMED.

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2. Respondent, if it has not previously done so, SHALL PAY to the
Secretary of Labor within 40 days from the date of this decision
the total sum of $270.00 as and for the civil penalties here
assessed as follows: $115.00 each for Citations numbered 2643174
and 2643176 and $20.00 each for Citations numbered 3450558 and
3452313.

                           Michael A. Lasher, Jr.
                           Administrative Law Judge

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