Ezel / Agency Decisions / WEVA 83-202

Secretary of Labor (MSHA) v. Westmoreland Coal Company (ALJ decision, November 30, 1983)

Secretary of Labor (MSHA) v. Westmoreland Coal Company (FMSHRC WEVA 83-202): Settlement total corrected to $3,961

Decision type
ALJ decision
Dockets
WEVA 83-202, WEVA 83-203, WEVA 83-204, WEVA 83-205
Decided
November 30, 1983
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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 amendment under the Mine Act's 40-day rule
This order corrects an arithmetic error in an earlier ALJ settlement decision. No Commissioner directed review of this correction within 40 days under 30 U.S.C. § 823(d)(1). 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 parties asked Judge Joseph B. Kennedy to correct a $130 arithmetic error in his November 7, 1983 settlement decision involving Westmoreland Coal Company's Hampton No. 3 Mine. The judge granted the request and set the approved settlement total at $3,961. He confirmed the earlier decision as corrected and ordered the company to pay $3,961 immediately. This errata order does not identify the underlying citations or safety standards.

Decision snapshot

  • Cited standards: None identified in this errata order.
  • Outcome: Approved settlement total corrected to $3,961, payable immediately.
  • Key point: The judge corrected an arithmetic error while preserving the earlier settlement decision.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTMORELAND COAL
DDATE:
19831130
TTEXT:
~2022

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 83-202
PETITIONER
A.C. No. 46-01283-03513

v. Docket No. WEVA 83-203
A.C. No. 46-01283-03514
WESTMORELAND COAL COMPANY,
RESPONDENT
Docket No. WEVA 83-204
A.C. No. 46-01283-03515

Docket No. WEVA 83-205
A.C. No. 46-01283-03517

Hampton No. 3 Mine

ERRATA ORDER

Before: Judge Kennedy

The parties having moved for correction of an arithmetical error of $130 in my decision of November 7, 1983, it is ORDERED that the same be, and hereby is, GRANTED and the decision corrected to show that the total amount of the settlement approved is $3,961. It is FURTHER ORDERED that as corrected the decision is confirmed and the operator directed to pay the amount of the settlement agreed upon, $3,961, FORTHWITH.

Joseph B. Kennedy
Administrative Law Judge

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