Ezel / Agency Decisions / WEVA 80-540

Secretary of Labor v. Goode Contractors (ALJ decision, November 17, 1980)

Goode Contractors (FMSHRC WEVA 80-540): Judge suspends payment of $1 penalty

Decision type
ALJ decision
Docket
WEVA 80-540
Decided
November 17, 1980
Presiding judge
Joseph B. Kennedy
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-10-23
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1980 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 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.
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 binding on the Commission in other cases. 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

In a civil penalty case involving Goode Contractors' No. 1 Surface operation, Judge Joseph B. Kennedy ordered a $1 penalty for a violation he found. He suspended payment of that penalty and dismissed the proceeding. The short published order refers to an earlier show-cause order, the Secretary's response, and an oral withdrawal of a caveat, but does not reproduce them or identify the violated standard. The available release therefore does not explain the underlying condition or the reason for the $1 amount.

Decision snapshot

  • Cited standard: The published order does not identify a safety standard.
  • Outcome: $1 penalty ordered with payment suspended; case dismissed.
  • Key point: The published release states the disposition but leaves the underlying violation and reasoning in materials it references but does not reproduce.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. GOODE CONTRACTORS
DDATE:
19801117
TTEXT:
~3301

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 80-540
PETITIONER
A.O. No. 46-03491-03005

v. No. 1 Surface

GOODE CONTRACTORS,
RESPONDENT

DECISION AND ORDER

For the reasons set forth in the order to show cause and the Secretary's response, including counsel's oral withdrawal of her caveat to the suspension, it is ORDERED that the operator pay a penalty of $1.00, and that payment be suspended, for the violation found. It is FURTHER ORDERED that the captioned matter be, and hereby is, DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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