Ezel / Agency Decisions / WEVA 92-556

Eimco Coal Machinery, Inc. (ALJ decision, October 21, 1992)

Eimco Coal Machinery, Inc. (FMSHRC WEVA 92-556): Settlement approved and $140 assessed

Decision type
ALJ decision
Docket
WEVA 92-556
Decided
October 21, 1992
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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

Eimco Coal Machinery, Inc. faced a civil penalty proceeding involving Federal No. 2. At a September 22, 1992 hearing, the parties jointly moved for approval of a settlement agreement. Judge William Fauver granted the motion and ordered Eimco to pay the agreed civil penalty of $140 within 30 days.

Decision snapshot

  • Cited provisions: No specific Mine Act standard is identified in the official released text.
  • Outcome: The settlement was approved and Eimco was ordered to pay $140.
  • Key point: The ALJ approved the parties' settlement and ordered payment of the agreed penalty within 30 days.

Full text (FMSHRC public release)

CCASE:
MSHA V. EIMCO COAL MACHINERY
DDATE:
19921021
TTEXT:

Page 2

~1734

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 92-556 Petitioner : A. C. No. 46-01456-03501 JDC :
v. : Federal No. 2
:
EIMCO COAL MACHINERY, INC., :
Respondent :

DECISION

Appearances: Javier I. Romanach, Esq., Arlington, VA, for Petitioner;
James A. Liotta, Esq., Fairmont,
WV, for Respondent.

Before: Judge Fauver

At the hearing on September 22, 1992, at Morgantown, West Virginia, the parties moved for approval of a settlement agreement. For the reasons stated on the record, the motion is GRANTED.

Accordingly, it is ORDERED that Respondent shall pay the agreed civil penalty of $140 within 30 days from the date of this Decision.
William Fauver
Administrative Law Judge
Distribution:

Javier I. Romanach, Esq., Office of the Solicitor, U. S.
Department of Labor, 4015 Wilson Boulevard, Room 516, Arlington,
VA 22203 (Certified Mail)

James A. Liotta, Esq., Liotta & Janes, Attorneys at Law, P. O.
Box 1509, First National Bank Building, Fairmont, WV 26554
(Certified Mail)

/fcca

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