Ezel / Agency Decisions / YORK 89-10-R

Mettiki Coal Corporation (Commission decision, February 18, 1992)

Mettiki Coal Corporation (FMSHRC YORK 89-10-R and YORK 89-26): Petition for reconsideration denied

Decision type
Commission decision
Dockets
YORK 89-10-R, YORK 89-26
Decided
February 18, 1992
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-08-15
Cited standards
29 C.F.R. § 2700.75
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1992, and it may have been appealed since. Ezel checks how it stands today and answers your situation, 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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission had previously remanded this proceeding to the presiding administrative law judge. Mettiki Coal Corporation then petitioned for reconsideration, and the Secretary of Labor filed a response. The Commission denied the petition after considering both filings.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.75.
  • Outcome: Mettiki's petition for reconsideration was denied.
  • Key point: The Commission left its earlier remand decision in place.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW
1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

February 18, 1992

SECRETARY OF LABOR,
..
MINE SAFETY AND HEALTH
..
ADMINISTRATION (MSHA)
..
..
v. .. Docket Nos. YORK 89-10-R
..
YORK 89-26
METTIKI COAL CORPORATION
..

ORDER

On January 10, 1992, the Commission issued its decision in this case and remanded the proceeding to the presiding administrative law judge. On February 3, 1992, Mettiki filed with the Commission a Petition for Reconsideration. See 29 C.F.R. § 2700.75. On February 10, 1992, the Secretary of Labor filed a response. Upon consideration of Mettiki's petition and the Secretary's response, the Petition for Reconsideration is denied.

Richard V. Backley, Commissioner

, John A. Doyle
Jofie A.'Doyle, Commissioner /

L
Arlene Holen, Commissioner

&LL
L. Clair Nelson, Commissioner

251

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