Ezel / Agency Decisions / WEVA 83-237

Secretary of Labor (MSHA) v. Westmoreland Coal Company (ALJ decision, December 21, 1983)

Secretary of Labor (MSHA) v. Westmoreland Coal Company (FMSHRC WEVA 83-237): Respirable dust penalty settled for $225

Decision type
ALJ decision
Docket
WEVA 83-237
Decided
December 21, 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 decision under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

MSHA proposed a $311 penalty against Westmoreland Coal Company for a respirable dust violation measured at 2.5 milligrams per cubic meter at the Hampton No. 3 Mine. The parties agreed to a $225 penalty, a 27 percent reduction. Judge Joseph B. Kennedy independently reviewed the settlement and found it consistent with the Mine Act's purposes. He ordered payment of $225 and dismissal of the case subject to payment. The decision does not identify the regulation number for the dust violation.

Decision snapshot

  • Cited standard: Respirable dust requirement; no regulation number stated in the decision.
  • Outcome: Proposed $311 penalty settled for $225; case dismissed subject to payment.
  • Key point: The judge approved a 27 percent reduction after independently reviewing the settlement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTMORELAND COAL
DDATE:
19831221
TTEXT:
~2216

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 83-237
PETITIONER
A.C. No. 46-01283-03518

v. Hampton No. 3 Mine

WESTMORELAND COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

The parties move for approval of a settlement of the respirable dust violation (2.5 mg/m3) charged in the captioned proposal at a 27% reduction in the amount initially assessed ($225 v. $311).

Based on an independent evaluation and de novo review of the circumstances, I find the settlement proposed is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the operator pay the amount of the penalty agreed upon, $225, on or before Friday, January 4, 1984, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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