Ezel / Agency Decisions / WEST 93-9-M

Kern Rock Company (ALJ decision, February 19, 1993)

Kern Rock Company (FMSHRC WEST 93-9-M): Settlement approved for $1,449

Decision type
ALJ decision
Docket
WEST 93-9-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

Kern Rock faced civil penalties arising from conditions at the Wheeler Ridge Pit & Mill. The Solicitor proposed reducing the penalties from $1,610 to $1,449 because the original assessments did not adequately account for good-faith abatement. Judge Paul Merlin found the settlement appropriate under the statutory criteria and ordered the operator to pay $1,449 within 30 days.

Decision snapshot

  • Cited standard(s): The decision does not identify a specific standard section.
  • Outcome: The settlement was approved and the operator was ordered to pay $1,449, reduced from $1,610.
  • Key point: The reduction reflected good-faith abatement that was not adequately considered in the original assessments.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 93-9-M
Petitioner : A. C. No. 04-01829-05530 :
v. :
:
:
KERN ROCK COMPANY
: Wheeler Ridge Pit & Mill
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

This case is before me upon a petition for assessment of the civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977. The Solicitor has filed a motion to approve settlements. A reduction in the penalties from $1,610 to $1,449 is proposed. The Solicitor has explained that the original assessments did not adequately take account of good faith abatement. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlements are appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that the operator PAY a penalty of $1,449 within 30 days of this order.

Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

J. Mark Ogden, Esq., Office of the Solicitor, U.S. Department of Labor, 3247 Federal Bldg., 300 North Los Angeles St., Los Angeles, CA 90012

Robert E. Jones, Kern Rock Co., P.O. Box 3329, Bakersfield, CA 93385

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