Ezel / Agency Decisions / weva-84-375-r-alj
FMSHRC ALJ decision Docket WEVA 84-375-R, WEVA 84-376-R, WEVA 84-377-R, WEVA 84-378-R, WEVA 84-379-R, WEVA 84-380-R, WEVA 84-381-R, WEVA 84-382-R, WEVA 84-383-R, WEVA 84-384-R, WEVA 84-385-R, WEVA 84-386-R, WEVA 84-387-R, WEVA 84-388-R, WEVA 84-389-R, WEVA 84-390-R, WEVA 84-391-R, WEVA 84-392-R, WEVA 84-393-R, WEVA 84-410, WEVA 84-411, WEVA 85-4, WEVA 85-9, WEVA 85-10 Decided September 5, 1985 Mixed result Judge James A. Broderick

Hobet Mining and Construction Company

Hobet Mining and Construction Company (FMSHRC WEVA 84-375-R through WEVA 84-393-R, and related dockets): Citations split and $1,380 penalty assessed

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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 correction to the 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 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

Hobet Mining and Construction Company contested citations issued at its Pine Creek No. 12 Prep Plant and No. 7 Surface Mine. In a correction to the August 6, 1985 decision, Judge James A. Broderick affirmed 12 citations, vacated six, and modified one citation to remove its significant-and-substantial designation. The corrected decision identified standards involving coal mine equipment, materials, and electrical or mechanical safeguards, and assessed a total civil penalty of $1,380. The correction does not restate the factual findings behind each citation.

Decision snapshot

  • Cited standards: 30 C.F.R. §§ 77.206(a), 77.206, 77.404(a), 77.1608(c), 77.1608(b), and 77.1710(i).
  • Outcome: Twelve citations were affirmed, six were vacated, one was modified, and total penalties of $1,380 were assessed.
  • Key point: The correction supplies the operative citation dispositions and penalty schedule for the consolidated proceedings.

Full text (FMSHRC public release)

CCASE:
HOBET MINING & CONSTRUCTION v. SOL (MSHA)
SOL (MSHA) v. HOBET MINING & CONSTRUCTION
DDATE:
19850905
TTEXT:

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

HOBET MINING AND CONSTRUCTION CONTEST PROCEEDINGS
COMPANY,
CONTESTANT Docket No. WEVA 84-375-R
Citation No. 2146497; 8/7/84
v.
Docket No. WEVA 84-376-R
SECRETARY OF LABOR, Citation No. 2146498; 8/7/84
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEVA 84-377-R
RESPONDENT Citation No. 2146499; 8/7/84

                                 Docket No. WEVA 84-378-R
                                 Citation No. 2146500; 8/7/84

                                 Pine Creek No. 12 Prep Plant

                                 Docket No. WEVA 84-379-R
                                 Citation No. 2146461; 8/1/84

                                 Docket No. WEVA 84-380-R
                                 Citation No. 2146462; 8/1/84

                                 Docket No. WEVA 84-381-R
                                 Citation No. 2146464; 8/1/84

                                 Docket No. WEVA 84-382-R
                                 Citation No. 2146470; 8/2/84

                                 Docket No. WEVA 84-383-R
                                 Citation No. 2146471; 8/2/84

                                 Docket No. WEVA 84-384-R
                                 Citation No. 2146472; 8/2/84

                                 Docket No. WEVA 84-385-R
                                 Citation No. 2146473; 8/2/84

                                 Docket No. WEVA 84-386-R
                                 Citation No. 2146475; 8/2/84

                                 Docket No. WEVA 84-387-R
                                 Citation No. 2146477; 8/2/84

                                 Docket No. WEVA 84-388-R
                                 Citation No. 2146480; 8/2/84

                                 Docket No. WEVA 84-389-R
                                 Citation No. 2146485; 8/3/84

                                 Docket No. WEVA 84-390-R
                                 Citation No. 2146489; 8/3/84

                                 Docket No. WEVA 84-391-R

Page 3

                                   Citation No. 2146490; 8/3/84

                                   Docket No. WEVA 84-392-R
                                   Citation No. 2146495; 8/6/84

                                   Docket No. WEVA 84-393-R
                                   Citation No. 2434601; 8/7/84

                                   No. 7 Surface Mine

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEVA 84-410
PETITIONER A.C. No. 46-02249-03510

     v.                            Docket No. WEVA 84-411
                                   A.C. No. 46-02249-03511

HOBET MINING AND CONSTRUC-
TION COMPANY, No. 7 Surface Mine
RESPONDENT
Docket No. WEVA 85-4
A.C. No. 46-06197-03509

                                   Docket No. WEVA 85-9
                                   A.C. No. 46-06197-03510

                                   Pine Creek No. 12 Prep.
                                     Plant

                                   Docket No. WEVA 85-10
                                   A.C. No. 46-02249-03512

                                   No. 7 Surface Mine

                     CORRECTION TO DECISION

Appearances: Sheila K. Cronan, Esq., Office of the Solicitor,
U.S. Department of Labor, Arlington, Virginia,
for the Secretary of Labor; Allen R. Prunty,
Esq., Jackson, Kelly, Holt & O'Farrell,

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~1387
Charleston, West Virginia, for Hobet Mining
and Construction Company.

Before: Judge Broderick

 Page 9 of the Decision issued August 6, 1985 in the above

proceedings is corrected to read as follows:

1. The following citations are AFFIRMED as issued:
     a) 2146461
     b) 2146471
     c) 2146489
     d) 2146499
     e) 2146464
     f) 2146470
     g) 2434601
     h) 2146497
     i) 2146500
     j) 2146472
     k) 2146480
     l) 2146495
     m) 2146462 (as modified; not S & S)

2. The following citations are VACATED:
     a) 2146490
     b) 2146477
     c) 2146498
     d) 2146473
     e) 2146475
     f) 2146485

 3. Considering the criteria in section 110(i) of the Act, I

conclude that the following civil penalties are appropriate for
the violations found herein.

CITATION         30 CFR STANDARD     PENALTY

    2146461         77.206(a)        $100.00
    2146471         77.206            100.00
    2146489         77.206            100.00
    2146499         77.206            100.00
    2146464         77.404(a)         100.00
    2146470         77.404(a)         100.00
    2434601         77.404(a)         100.00
    2146497         77.404(a)         100.00
    2146500         77.404(a)         100.00
    2146472         77.404(a)         100.00

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2146480 77.1608(c) 150.00
2146495 77.1608(b) 200.00
2146462 77.1710(i) 30.00

                   TOTAL       $1380.00


                           James A. Broderick
                           Administrative Law Judge

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