Ezel / Agency Decisions / west-95-95-m-commission
FMSHRC Commission decision Docket WEST 95-95-M, WEST 95-112-M, WEST 94-583-RM through WEST 94-591-RM Decided May 28, 1996 Procedural

General Chemical Corporation

General Chemical Corporation (FMSHRC WEST 95-95-M): Amended dismissal order

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Currency note: this decision dates from 1996
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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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

General Chemical Corporation asked the Commission to amend an earlier dismissal order, and the Secretary did not oppose the request. The Commission amended the December 12, 1995 dismissal order to clarify that Citation No. 4338810 was included in the dismissal. The order resolved the requested correction and did not assess a penalty or decide a mine-safety standard.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The prior dismissal order was amended to include Citation No. 4338810.
  • Key point: The Commission corrected the scope of its earlier dismissal order without addressing the underlying merits.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

                                    May 28, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 95-95-M
Petitioner : MSHA Case No. 48-00155-05644
: Citation Nos. 4338810, 4338812, and
v. : 4338820
:
GENERAL CHEMICAL CORPORATION, : Docket No. WEST 95-112-M
Respondent : MSHA Case No. 48-00155-05643
: Citation Nos. 4338813 through 4338819
:
: General Chemical Mine
: Mine I.D. 48-00155
:
GENERAL CHEMICAL CORPORATION, : CONTEST PROCEEDINGS
Contestant :
: Docket Nos. WEST 94-583-RM through
v. : WEST 94-591-RM
: Citation Nos. 4338812 through 4338820
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH : General Chemical Mine
ADMINISTRATION (MSHA), : Mine I.D. 48-00155
Respondent :

BEFORE: Jordan, Chairman; Holen, Marks and Riley, Commissioners

                        AMENDED ORDER OF DISMISSAL

BY THE COMMISSION:

    General Chemical Corporation (“General Chemical”) has filed a Motion for Amended

Order of Dismissal and the motion is unopposed by counsel for the Secretary of Labor, Mine
Safety and Health Administration (“MSHA”). The motion having been considered, and good
cause appearing:

Page 2

  Wherefore, it is ordered that the Order of Dismissal issued December 12, 1995, be

amended to reflect that Citation No. 4338810 was included therein and is therefore dismissed.

                                        Mary Lu Jordan, Chairman




                                        Arlene Holen, Commissioner




                                        Marc Lincoln Marks, Commissioner




                                        James C. Riley, Commissioner




                                            2

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