Ezel / Agency Decisions / WEVA 85-95

Secretary of Labor (MSHA) v. Consolidation Coal Company (ALJ decision, October 18, 1985)

Secretary of Labor v. Consolidation Coal Company (FMSHRC WEVA 85-95): $20 settlement approved

Decision type
ALJ decision
Docket
WEVA 85-95
Decided
October 18, 1985
Presiding judge
Gary Melick
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 approving a settlement, 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 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 asked Judge Gary Melick to approve a settlement in a civil penalty case involving Consolidation Coal Company's McElroy No. 10 Mine. Consolidation agreed to pay the proposed $20 penalty in full. The judge noted that the citation rested on essentially the same facts as a separate docket for which Consolidation had paid a $600 penalty. He approved the settlement and ordered the $20 payment within 30 days. The order does not identify the cited mine safety standard.

Decision snapshot

  • Cited standards: None identified in this decision.
  • Outcome: Settlement approved; Consolidation must pay $20 within 30 days.
  • Key point: The judge considered the related $600 penalty when approving the proposed $20 settlement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION
DDATE:
19851018
TTEXT:
~1676
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 85-95
PETITIONER
A.C. No. 46-01437-03574
v.
McElroy No. 10 Mine
CONSOLIDATION COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $20 in full. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act. The citation in this case is based on essentially the same facts as in case Docket No. WEVA 85-151-D for which Respondent has paid a civil penalty of $600.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $20 within 30 days of this order.

Gary Melick
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace