Ezel / Agency Decisions / WEVA 86-76

Secretary of Labor (MSHA) v. Frontier-Kemper Constructors (ALJ decision, January 23, 1986)

Secretary of Labor v. Frontier-Kemper Constructors (FMSHRC WEVA 86-76): $7,500 settlement approved

Decision type
ALJ decision
Docket
WEVA 86-76
Decided
January 23, 1986
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
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 1986 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 1986
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 settlement approval 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 brought a civil penalty case against Frontier-Kemper Constructors concerning the Wayne Mine. The parties asked Judge William Fauver to approve their settlement and dismiss the case. The judge found the agreement consistent with the Mine Act's penalty criteria and approved $7,500 in penalties. He ordered payment within 30 days and dismissal upon payment. The short decision does not describe the underlying violations.

Decision snapshot

  • Cited provision: Mine Act section 110(i), governing penalty criteria.
  • Outcome: Settlement approved for $7,500, due within 30 days; dismissal upon payment.
  • Key point: The judge approved the parties' penalty agreement without detailing the individual violations in this order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. FRONTIER-KEMPER CONSTRUCTORS DDATE: 19860123 TTEXT:
~147

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 86-76
PETITIONER
A.C. No. 46-05121-03501

v. Wayne Mine

FRONTIERÄKEMPER CONSTRUCTORS,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case is before me upon a petition for assessment of civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The parties have filed a motion to approve a settlement agreement and to dismiss the case. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalties in the amount of $7,500 within 30 days of this Decision. Upon such payment this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

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