Ezel / Agency Decisions / WEVA 80-40

Secretary of Labor v. Kanawha Coal Company (Commission decision, October 9, 1980)

Kanawha Coal (FMSHRC WEVA 80-40): ALJ decision affirmed in three dockets

Decision type
Commission decision
Dockets
WEVA 80-40, WEVA 80-78, WEVA 80-83
Decided
October 9, 1980
Outcome
Citations affirmed
Precedential status
Citable Commission precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 1980, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1980
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

This Commission decision concerns three dockets involving Kanawha Coal Company. The Commission affirmed the administrative law judge's decision for the reasons stated in its separate Alabama By-Products Corp. decision. This short release does not describe the underlying citations, the judge's reasoning, or any penalty amount.

Decision snapshot

  • Cited standards: None identified in this release.
  • Outcome: ALJ decision affirmed; no penalty amount stated in this release.
  • Key point: The Commission applied the reasoning of its Alabama By-Products Corp. decision to these dockets.

Full text (FMSHRC public release)

CCASE:
MSHA V. KANAWHA COAL
DDATE:
19801009
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, DC
October 9, 1980

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket Nos. WEVA 80-40 WEVA 80-78
v. WEVA 80-83

KANAWHA COAL COMPANY

DECISION

For the reasons stated in our decision in Alabama By-Products Corp., Docket No. SE 79-110 et al. (October 8, 1980), the decision of the administrative law judge is affirmed.

Richard V. Backley, Chairman

Frank F. Jestrab, Commissioner

A. E. Lawson, Commissioner

Marian Pearlman Nease, Commissioner
~2781
KANAWHA COAL COMPANY
Docket Nos. WEVA 80-40 et al.

Distribution

Harold S. Albertson, Jr., Esq.
Hall, Albertson & Jones
P. 0. Box 1989
Charleston, West Virginia 25327

Cynthia L. Attwood, Esq.
Counsel, Appellate Litigation
U.S. Department of Labor
Office of the Solicitor
4015 Wilson Boulevard
Suite 400
Arlington, VA 22203

Administrative Law Judge Edwin Bernstein
FMSHRC
Skyline Center, lOth Floor
5203 Leesburg Pike
Falls Church, VA 22041

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