Ezel / Agency Decisions / weva-90-266-alj
FMSHRC ALJ decision Docket WEVA 90-266 Decided October 21, 1991 Settled Judge Avram Weisberger

Pigeon Branch Coal Company

Pigeon Branch Coal Company (FMSHRC WEVA 90-266): Settlement approved at $2,200

Apply this to your situation

This order from 1991 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 1991
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
This ruling became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because the Commission did not direct review. It 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

Pigeon Branch Coal Company was the respondent in a civil penalty proceeding concerning its No. 8 Mine. The Secretary of Labor asked the judge to approve a settlement that reduced the proposed penalty from $4,400 to $2,200 and dismissed the case. Judge Avram Weisberger found the agreement appropriate under the statutory penalty criteria, approved the settlement, and ordered the company to pay $2,200 within 30 days.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(d) and § 820(i)
  • Outcome: The settlement was approved and a $2,200 penalty was ordered.
  • Key point: The judge approved the reduced penalty after finding the settlement appropriate under the statutory criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PIGEON BRANCH COAL
DDATE:
19911021
TTEXT:

Page 2

~1709
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEVA 90-266
PETITIONER A.C. No. 46-05972-03531

      v.                           No. 8 Mine

PIGEON BRANCH COAL COMPANY,
RESPONDENT

              DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

 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 $4,400 to $2,200 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 $2,200 within
30 days of this order.

                             Avram Weisberger
                             Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1991, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.