Ezel / Agency Decisions / WEVA 86-385

Consolidation Coal Company (ALJ decision, January 6, 1987)

Consolidation Coal Company (FMSHRC WEVA 86-385): Civil penalty settlement approved

Decision type
ALJ decision
Docket
WEVA 86-385
Decided
January 6, 1987
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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. 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

Consolidation Coal Company was involved in a Mine Act civil penalty proceeding concerning the Osage No. 3 operation. The Secretary asked the judge to approve a settlement that reduced the proposed penalty from $1,055 to $355. Judge Gary Melick found the settlement appropriate under the Act's penalty criteria and ordered the company to pay $355 within 30 days. The decision approved the settlement and resolved the penalty proceeding.

Decision snapshot

  • Cited provisions: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved and the company was ordered to pay a $355 penalty.
  • Key point: The judge approved a substantial penalty reduction after reviewing the settlement materials and statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19870106
TTEXT:

Page 2

~26

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 86-385 PETITIONER A.C. No. 46-01455-03628 v. Osage No. 3 CONSOLIDATION COAL COMPANY, RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Terry Salus, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania, for Respondent; Michael R. Peelish, Esq., Consolidation Coal Company, Pittsburgh, Pennsylvania, for Contestant.

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. A reduction in penalty from $1,055 to $355 is proposed. 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.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $355 within 30 days of this order.

Gary Melick
Administrative Law Judge

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