Ezel / Agency Decisions / YORK 79-99-M

Secretary of Labor (MSHA) v. Callanan Industries, Inc. (ALJ decision, January 23, 1984)

Secretary of Labor (MSHA) v. Callanan Industries, Inc. (FMSHRC YORK 79-99-M): $78 settlement approved on remand

Decision type
ALJ decision
Docket
YORK 79-99-M
Decided
January 23, 1984
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 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 1984
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

On remand, one citation remained in MSHA's civil penalty case against Callanan Industries at its South Bethlehem Quarry and Mill. Callanan agreed to pay the full proposed $78 penalty for that citation. Judge Gary Melick considered the parties' settlement materials under the Mine Act's penalty criteria and approved the agreement. He ordered Callanan to pay $78 within 30 days. The released decision does not identify the standard underlying the remaining citation.

Decision snapshot

  • Cited standard: The released order does not identify the standard for the remaining citation.
  • Outcome: Settlement approved; Callanan ordered to pay $78.
  • Key point: The judge found the full-payment settlement appropriate under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CALLANAN INDUSTRIES
DDATE:
19840123
TTEXT:
~139

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. YORK 79-99-M
PETITIONER
A.C. No. 30-00013-05003
v.
South Bethlehem Quarry
CALLANAN INDUSTRIES, INC.,
and Mill
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: William G. Staton, Esq., Office of the Solicitor, U.S. Department of Labor, New York, New York, for Petitioner; Harry R. Hayes, Esq., Hayes & Lapitina, Albany, New York, for Respondent.

Before: Judge Melick

This case is before me on remand for reconsideration of a petition for assessment of civil penalty under Section 110(a) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement as to the one remaining citation and to dismiss the case. Respondent has agreed to pay the proposed penalty of $78 in full. I have considered the representations and documentation in the 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 $78 within 30 days of this order.

Gary Melick
Assistant Chief Administrative Law Judge

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