Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Peabody Coal Company
Respiratory-dust citations affirmed
MSHA cited Peabody Coal Company after respirable-dust sampling exceeded the applicable limit on three mechanized mining units at the Camp No. 1 Mine. Peabody conceded that the violations occurred and were significant and substantial, but disputed the findings of unwarrantable failure, high…
Peabody Coal Company
Two electrical citations vacated
MSHA cited Peabody Coal Company after an inspection at its Camp No. 9 Preparation Plant. The citations concerned a flexible cord used with an exhaust fan and a fan motor that was not explosion-proof. Judge Arthur J. Amchan found that the evidence did not establish a violation of the National…
Peabody Coal Company
Electrical citations affirmed as significant and substantial
MSHA cited Peabody Coal Company after finding that a cathead's external grounding wires were disconnected and that another cathead was not plainly marked. Judge Arthur J. Amchan found both violations significant and substantial under the Mathies test. He affirmed both citations and assessed a $189…
Materials Delivery
Seven citations affirmed
Materials Delivery operated a sand and gravel pit that had not notified MSHA that operations had begun. Judge Arthur J. Amchan also found violations involving inoperative loader horns and a reverse alarm, unsecured compressed-gas cylinders, missing toilet facilities, and a raised loader bucket. He…
Tanglewood Energy, Inc.
Perry Poddey v. Tanglewood Energy, Inc. (FMSHRC WEVA 93-339-D): Retaliatory discharge found, reinstatement and backpay ordered
Perry Poddey, an underground coal miner at Tanglewood Energy's Coal Bank No. 12 mine, raised concerns about a roof-bolt citation and criticized his section foreman. After a confrontation, Tanglewood fired him and claimed the discharge followed misconduct and insubordination. Judge Arthur J. Amchan…
F & E Erection Company
Discrimination case settled and dismissed
The Secretary of Labor brought this Mine Act discrimination proceeding on behalf of John Lacek against F & E Erection Company. The Secretary moved to withdraw the complaint after the parties resolved all issues and the company made the required payment to Lacek. Judge Arthur J. Amchan approved the…
UAE Coal Corp ASSOCIATES
UAE Coal Corporation Associates (FMSHRC PENN 93-181-D): Settlement approved
William Kroh brought a discrimination proceeding against UAE Coal Corporation Associates concerning the Harmony Mine. The parties filed a stipulation of settlement. Judge Arthur J. Amchan found the settlement consistent with the public interest, approved it, and ordered the case dismissed after…
Mutual Mining, Inc.
Two miners temporarily reinstated after safety complaints
Mutual Mining discharged Cletis R. Wamsley and Robert A. Lewis shortly after they participated in a union safety inspection and requested an MSHA inspection. Judge Arthur J. Amchan found that the timing of the discharges and the company's knowledge of the safety activity established a prima facie…
Carl Schlegel, Inc.
Mixed findings and $1,297 in penalties
Carl Schlegel operated a portable crushing plant and a dredging worksite in Michigan. Judge Arthur J. Amchan affirmed violations involving unguarded moving machine parts, a front-end loader bucket, a defective parking brake, an unguarded walkway, and a bridge without berms or guardrails, while…
C G & G Trucking Company
Settlement approved
C G & G Trucking Company was cited for a violation of 30 C.F.R. § 77.1607(a) at the No. 2 Tipple. The parties proposed reducing the penalty from $400 to $100 and recharacterizing the citation as non-significant and substantial. Judge Arthur J. Amchan found the settlement consistent with section…
Tanglewood Energy, Inc.
Temporary reinstatement ordered
The Secretary sought temporary reinstatement for Perry Poddey, a miner who said Tanglewood Energy discharged him after he complained to MSHA and his foreman about a defective parking brake on the scoop he operated. MSHA issued citations concerning the parking brake, and Mr. Poddey was discharged…
Tanglewood Energy, Inc.
Temporary reinstatement ordered
The Secretary sought temporary reinstatement for Perry Poddey, a miner who said Tanglewood Energy discharged him after he complained to MSHA and his foreman about a defective parking brake on the scoop he operated. MSHA issued citations concerning the parking brake, and Mr. Poddey was discharged…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.