Ezel / Agency Decisions / WEVA 84-124

Secretary of Labor v. Barrett Fuel Corporation (ALJ decision, March 8, 1985)

Secretary of Labor v. Barrett Fuel Corporation (FMSHRC WEVA 84-124): Settlement of 80 violations approved

Decision type
ALJ decision
Dockets
WEVA 84-124, WEVA 84-222, WEVA 84-333, WEVA 84-370, WEVA 84-309, WEVA 84-310, WEVA 84-332, WEVA 84-365, WEVA 84-369, WEVA 84-398, WEVA 84-399, WEVA 85-16, WEVA 85-79
Decided
March 8, 1985
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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 for these dockets. 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 Secretary of Labor and Barrett Fuel Corporation proposed settling 80 alleged violations across 13 civil penalty dockets. The original assessments totaled $28,783, and the parties agreed to half that amount, $14,391.50. Judge Joseph B. Kennedy considered the circumstances, including the operator's impaired finances, and approved the settlement. He ordered payment in monthly $1,000 installments beginning April 1, 1985, until paid in full. The order leaves the Secretary free to pursue other responsible parties if Barrett defaults. It does not identify the individual safety standards involved.

Decision snapshot

  • Cited standard: The decision does not identify the standards for the 80 violations.
  • Outcome: Settlement approved at $14,391.50, payable in monthly installments.
  • Key point: The judge approved a 50 percent reduction after considering the operator's impaired financial condition.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BARRETT FUEL
DDATE:
19850308
TTEXT:
~387
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 84-124
PETITIONER
A.C. No. 46-06473-03523
v.
Docket No. WEVA 84-222
BARRETT FUEL CORPORATION,
A.C. No. 46-06473-03528
RESPONDENT
Docket No. WEVA 84-333
A.C. No. 46-06473-03530

Docket No. WEVA 84-370
A.C. No. 46-06473-03531

Clinton No. 3A Mine

Docket No. WEVA 84-309
A.C. No. 46-06450-03523

Docket No. WEVA 84-310
A.C. No. 46-06450-03522

Docket No. WEVA 84-332
A.C. No. 46-06450-03524

Docket No. WEVA 84-365
A.C. No. 46-06450-03525

Docket No. WEVA 84-369
A.C. No. 46-06450-03526

Docket No. WEVA 84-398
A.C. No. 46-06450-03527

Docket No. WEVA 84-399
A.C. No. 46-06450-03528

Docket No. WEVA 85-16
A.C. No. 46-06450-03529

Docket No. WEVA 85-79
A.C. No. 46-06450-03532

Clinton No. 3 Mine
~388
DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

This matter is before me on the parties' motion to approve settlement of the captioned matters at 50% of the amount initially assessed, $28,783 for the 80 violations charged.

Based on an independent evaluation and de novo review of the circumstances, including the operator's impaired financial condition I find the settlement proposed is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the motion be, and hereby is, GRANTED. It is further ordered that the operator and/or its corporate principals pay the amount of the settlement agreed upon, $14,391.50, in monthly installments of $1,000 commencing April 1, 1985 until the full amount of the penalties assessed are paid. It is FURTHER ORDERED that approval of this settlement is without prejudice to the Secretary's right to proceed against corporate principals, production operators or others in the event of a default in payment by Barrett Fuel Corporation.

Joseph B. Kennedy
Administrative Law Judge

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