Ezel / Agency Decisions / WEST 92-686-M

Montana Resources (ALJ decision, February 19, 1993)

Montana Resources (FMSHRC WEST 92-686-M): Late filing accepted and settlement approved

Decision type
ALJ decision
Docket
WEST 92-686-M
Decided
February 19, 1993
Presiding judge
Paul Merlin
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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 judge accepted the Solicitor's unopposed late filing of the penalty petition. The underlying matter involved a broken electrical conduit on the side of a conveyor belt that exposed employees to possible electrical shock. Judge Paul Merlin approved the settlement for the originally assessed penalty of $431 and ordered Montana Resources to pay it within 30 days.

Decision snapshot

  • Cited standard(s): The decision does not identify a specific standard section.
  • Outcome: The late filing was accepted, the $431 settlement was approved, and the operator was ordered to pay within 30 days.
  • Key point: The operator accepted the full assessed penalty for the electrical-shock exposure created by the broken conduit.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 92-686-M
Petitioner
: A. C. No. 24-00338-05533
:
v. :
:
:
MONTANA RESOURCES,
: Continental

ORDER ACCEPTING LATE FILING
DECISION APPROVING SETTLEMENT
ORDER TO PAY

Before: Judge Merlin

The Solicitor's unopposed motion to accept late filing of the penalty petition is GRANTED. Salt Lake County Road Department, 3 FMSHRC 1714 (1981).

The Solicitor has filed a motion to approve settlement of the one violation involved in this matter. The originally assessed amount was $431 and the proposed settlement is for $431. An electrical conduit on the side of the conveyor belt was broken exposing employees to possible electrical shock. Upon review, I find that $431 is an appropriate penalty for this serious violation and that it is in accordance with the six statutory criteria set forth in section 110(i) of the Act.

Accordingly, the recommended settlement is APPROVED and the operator is ORDERED TO PAY $431 within 30 days of the date of this decision.
Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

Robert A. Murphy, Esq., Office of the Solicitor, U.S. Department of Labor, 1585 Federal Bldg., 1961 Stout St., Denver, CO 80294

Ed McGowan, Montana Resources, 600 Shields Ave., Butte, MT 59701

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