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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All American Ashpalt
Temporary reinstatement ordered
The Secretary sought temporary reinstatement for four All American Asphalt employees who alleged they were laid off or otherwise treated adversely after engaging in protected safety activity. Judge August F. Cetti found that the discrimination complaints were not frivolous, while emphasizing that…
Art Beavers Construction Company
Refresher-training order affirmed
MSHA ordered Art Beavers Construction Company employees off a mine site after finding that four employees had not received the required eight-hour annual refresher training. The company disputed whether its employees were miners and whether the training rule applied, then reached a settlement with…
C.W. Mining Company
Citation for operating without an approved roof-control plan affirmed
C.W. Mining operated the Bear Canyon No. 1 underground coal mine in Utah without an approved roof-control plan after MSHA revoked the mine's prior plan during a dispute over revisions. The judge found that the Secretary proved a violation of the requirement to develop and follow an approved…
Fred Knobel, employed by FKC Incorporated
Mine jurisdiction upheld
The Secretary alleged that Fred Knobel, an officer of FKC Incorporated, was individually liable for an unguarded tail pulley on a portable rock crusher. The parties asked the judge to decide whether MSHA had jurisdiction over the portable crusher before the merits were resolved. Judge August F…
U.S. Borax
Retaliatory suspension found
U.S. Borax suspended chief production operator Stephen D. Jungers after he raised concerns about how sodium dithionite fires were handled at the Boron Mill. Judge August F. Cetti found that Jungers made good-faith safety complaints, that the suspension followed those complaints closely, and that…
C.W. Mining Company
Four citations modified, four vacated
C.W. Mining operated the Bear Canyon No. 1 underground coal mine and contested citations involving fire sensors, roof support, and other safety standards. The Judge affirmed four citations, modified two roof citations to remove the significant-and-substantial designation, and vacated four citations…
Powderhorn Coal Company
Inadequate mine illumination supported a $20 penalty
Powderhorn Coal Company operated the Roadside Mine. MSHA cited the company for failing to provide sufficient illumination at a surface electrical substation, switch panels, and the walkway leading to them. The ALJ credited the inspector's testimony that the area and path were dark and hazardous…
Energy Fuels Coal Incorporated
One citation vacated, four affirmed as modified for $220
Energy Fuels Coal Incorporated operated the underground Southfield Mine in Colorado. MSHA alleged five significant and substantial violations involving electrical equipment, compressor housing, combustible coal dust, and a loose rib. Judge August F. Cetti vacated one electrical-equipment citation…
Santa Fe Pacific Gold Corporation
Temporary reinstatement ordered after second discharge
Robert W. Buelke, an electrician at Santa Fe Pacific Gold’s Rabbit Creek Mine, was discharged for a second time after making safety complaints and being involved in disputes about electrical work and attendance. Judge August F. Cetti found that the Secretary had made the required minimal showing…
Walker Stone Company, Inc.
Four citations affirmed and $224 penalty assessed
Walker Stone Company operated a small stone mine and portable plant. The judge affirmed one citation for dry vegetation within 25 feet of explosive-material magazines and three significant and substantial citations for conveyor tail-pulley guards that could not withstand normal operating…
Asarco, Incorporated
Stop-cord citations vacated
Asarco contested two citations alleging that emergency stop cords on conveyor belts were not properly located and an order concerning a separate mine standard. Judge August F. Cetti found that the stop cords were positioned so a person could readily deactivate the conveyors and rejected the…
C.W. Mining Company
SCSR-storage citation modified and $500 penalty assessed
C.W. Mining Company was cited at its Bear Canyon No. 1 underground coal mine after a mantrip left the mine without a self-contained self-rescuer for each rider. The judge found that the storage-plan violation was serious and involved high negligence, but that the evidence did not establish the…
Santa Fe Pacific Gold Corporation
Temporary reinstatement ordered
Robert W. Buelke, an electrician at Santa Fe Pacific Gold's Rabbit Creek Mine, reported electrical safety concerns and was later discharged. The Secretary of Labor determined that his discrimination complaint was not frivolously brought and applied for temporary reinstatement while the…
The Pittsburg & Midway Coal Mining Co-York CNYN Complex
One citation affirmed, five modified
The Pittsburg & Midway Coal Mining Company contested six significant-and-substantial citations issued at the York Canyon Underground Mine. The judge affirmed the citation for a Caterpillar scraper that lacked an adequate automatic backup alarm and assessed the proposed $112 penalty. The parties…
Pittsburg & Midway Coal Mining Company
Citations modified and affirmed with $397.25 penalty
Pittsburg & Midway Coal Mining Company contested two citations at its York Canyon Surface Mine. The parties agreed to remove the significant-and-substantial designation from both citations and reduce the penalties to $80 and $317.25. Judge August F. Cetti found the proposed settlement reasonable…
Joseph Culp v. Mid-Continent Resources, Inc.
Discrimination settlement approved and paid
Joseph Culp brought a Mine Act discrimination complaint after Mid-Continent Resources terminated him following his refusal to work underground during a methane fire. He sought back pay for the period before his temporary reinstatement, but he later found other employment and no longer sought…
Asamera Minerals (US) Incorporated
Settlement approved at $3,240
Asamera Minerals operated the Gooseberry Mine, where a miner died in a fall while replacing damaged timber dividers in a manway. MSHA issued two citations alleging violations of standards concerning fall protection and underground mine openings, with proposed penalties totaling $6,000. After the…
Mountain Coal Company, (Successor to West Elk Coal Company, Incorporated)
Citation vacated and case dismissed
Mountain Coal Company operated the Mount Gunnison No. 1 Mine and was cited after a flame arrestor on a Jeffrey ram-car had a measured opening. The judge considered whether the equipment was maintained in permissible condition under 30 C.F.R. § 75.503, whether the violation was significant and…
Featherlite Building Products Corporation
Clerical correction approves $1,552 in paid penalties
This order amended a prior decision to correct a clerical error and approve penalties for three citations that Featherlite accepted and paid without formal litigation. The citations involved standards 30 C.F.R. § 56.12032 twice and 30 C.F.R. § 56.12016 once. Judge August F. Cetti approved the…
General Chemical Company
Training-schedule settlement dismisses discrimination complaints
Four miners alleged that General Chemical Company discriminated against them by scheduling annual refresher training outside their normal shifts. The settlement gave rotating-shift and surface-production employees options for receiving the required training during their normal work hours or on the…
West Elk Coal Company, Inc.
Settlement approved and contest dismissed
West Elk Coal Company contested a citation concerning its mine ventilation system, and a related civil penalty proceeding concerned two alleged violations. After the hearing, the parties reached a settlement. Judge August F. Cetti approved the agreement, affirmed one citation with a $20 penalty…
Kelly L. Diede v. Summit Incorporated
Safety-retaliation complaint dismissed
Kelly L. Diede alleged that Summit Incorporated discharged him in retaliation for reporting that the emergency brakes on a loader did not work. Diede had been hired as a temporary loader operator and was let go after eight days, while Summit said management believed he lacked the skills and…
Energy West Mining Company
Settlement approved and contest dismissed
Energy West Mining contested an enforcement document issued at the Deer Creek Mine and received an expedited hearing with the Secretary and the United Mine Workers of America participating. The settlement redesignated the section 104(d)(1) order as a section 104(a) citation, kept the…
Red Arrow Gold Corporation
Settlement approved with $300 penalty
Red Arrow Gold Corporation faced a civil penalty proceeding involving the Red Arrow Mine. The Secretary of Labor reported that the operator's financial situation meant the originally assessed penalties could affect its ability to remain in business. Judge August F. Cetti found the proposed…
Western Fuels-Utah, Inc.
Discrimination complaint dismissed
Louis C. Vasquez alleged that Western Fuels-Utah transferred him to another crew and shift in retaliation for his safety complaints about methane gas. Judge August F. Cetti found that Vasquez did not establish that the transfer was motivated by protected activity. The judge credited evidence that…
Bellaire Corporation
Safety-can citations vacated
MSHA cited Bellaire Corporation at the Indian Head Mine over red safety cans containing gasoline and another alleged violation involving mine equipment. One citation was withdrawn after MSHA determined it had been issued in error. Judge August F. Cetti found that Bellaire's written color-coding…
Walsenburg Sand & Gravel Company
Citations affirmed with S&S findings modified
Walsenburg Sand & Gravel operated intermittent sand and gravel pits in Colorado. The judge found violations involving machine guards, electrical equipment, grounding, records, labeling, and an elevated roadway. The judge removed the significant-and-substantial characterization from nine citations…
Black Pine Mining Company
Discrimination proceeding dismissed after settlement
Jack Winninghoff brought a Mine Act discrimination proceeding against Black Pine Mining Company. After the parties' settlement terms were fully completed, Judge August F. Cetti dismissed the case with prejudice. The order ended the proceeding and did not address the merits of the discrimination…
Beaver Creek Coal Company
Three citations vacated, one penalty assessed
Beaver Creek faced consolidated contest and civil penalty proceedings involving roof-bolter controls, continuous-miner permissibility, a mine plan examination, and a citation the company agreed to pay. Judge August F. Cetti vacated the citations for the actuating bar, continuous miner, and seal…
Black Pine Mining Company
Settlement approved and discrimination proceeding dismissed
The Secretary of Labor brought a discrimination proceeding on behalf of Jack Winninghoff under section 105(c) of the Mine Act. Judge August F. Cetti approved the parties' settlement, which required Black Pine Mining Company to pay Winninghoff $14,000 for all claims, including lost wages. The…
Big Horn Calcium Company
Contest dismissed as untimely
MSHA issued Big Horn Calcium a citation for an alleged violation of 30 C.F.R. § 56.11001 at the Granite Canyon Quarry. The citation was served on the company's supervisor at the mine, but Big Horn did not file its contest within 30 days. Judge August F. Cetti rejected the argument that service on…
Beaver Creek Coal Company
Stoppings citation reclassified and two citations affirmed
Beaver Creek Coal was cited after inspectors found damaged stoppings in a South mains belt entry used to separate an intake escapeway. The judge found that the condition violated the ventilation standard but that the evidence did not establish a reasonable likelihood of a major fire or explosion…
Beaver Creek Coal Company
Settlement approved and penalties set at $250
Beaver Creek Coal timely contested three citations but failed to file the required blue cards for the proposed penalties, resulting in automatic final orders to pay. The judge found that the omission was excusable neglect because the operator intended to contest the citations and the procedural…
Beaver Creek Coal Company
Settlement approved and $120 penalty assessed
MSHA charged Beaver Creek Coal Company with three safety violations at the Trail Mountain No. 9 Mine. Beaver Creek agreed to withdraw its contest and pay $20 for one citation, and to accept a redesignated section 104(a) significant-and-substantial citation with a $100 penalty for a second matter…
Beaver Creek Coal Company
Settlement approved and $147 penalty assessed
MSHA charged Beaver Creek Coal Company with nine safety violations at the Trail Mountain No. 9 Mine. The Secretary agreed to vacate one combustible-accumulation citation for insufficient evidence, and Beaver Creek agreed to pay the proposed $147 penalty for a second combustible-accumulation…
Cobblestone, Ltd.
Citations affirmed, modified, and vacated with $800 in penalties
Cobblestone, Ltd. operated a small pit and crusher business that MSHA inspected after the operator moved the crusher to a new location. The judge found that the plant had operated while electrical hazards were present, and affirmed most of the cited violations involving grounding, wiring, guarding…
Falkirk Mining Company
Injury-reporting citation affirmed with $20 penalty
Falkirk Mining Company was cited for failing to report an employee's job-related back injury to MSHA on Form 7000-1. The employee strained his back while installing an overhead crane, saw a chiropractor, and then received medication and muscle relaxants from a medical doctor. Judge August F. Cetti…
Sanger Rock & Sand
Seven mine-safety violations affirmed
Sanger Rock & Sand operated a sand and gravel mine in California. Judge August F. Cetti rejected the operator's argument that the mine was outside federal jurisdiction and found that the Mine Act applied because the operation affected interstate commerce. He affirmed seven citations involving…
Western Key Enterprises
Three ground-control violations affirmed
MSHA cited Western Key Enterprises after a fatal ground-fall accident at the Small Fry uranium mine. The remaining violations involved failures to examine or support loose ground under the mine's ground-control requirements. Western Key admitted those violations and their…
Thunder Basin Coal Company
Discrimination complaint dismissed after layoff review
Thunder Basin Coal Company laid off about 140 employees during a reduction in force, including electrician Robert Buelke. Buelke argued that the company selected him because he had raised safety concerns about an underground high-voltage feeder cable and had complained to MSHA. Judge August F…
W. K. Enterprise
Citation affirmed after penalty settlement
MSHA alleged that unsupported, loose, and unconsolidated material was present beside the Rattlesnake Mine portal, violating 30 C.F.R. § 57.3200. At hearing, the Secretary reduced the proposed penalty from $800 to $400, and W. K. Enterprise withdrew its contest to the citation and amended penalty…
Energy Fuels Coal, Inc.
Two citations vacated and three affirmed
The Secretary charged Energy Fuels Coal, Inc. with five regulatory violations at the Southfield Mine across two dockets. The Secretary moved to vacate two citations under 30 C.F.R. § 75.323 because the evidence was insufficient, and the judge granted that motion. The parties accepted the remaining…
Eastside Coal Company, Inc.
Settlement approved with abatement orders vacated
Eastside Coal operated a small underground coal mine and contested citations involving noise sampling and other safety requirements, along with orders alleging failures to abate. The parties agreed that the underlying citations would remain in place with reduced penalties, while the related 104(b)…
Local Union 9958, District 22, United Mine Workers of America v. Kaiser Coal Corporation
Local Union 9958, District 22, UMWA v. Kaiser Coal Corporation (FMSHRC WEST 87-186-C): Shift compensation awarded, one-week claim denied
A withdrawal order at Kaiser's Sunnyside No. 1 Mine idled miners working on the 20th and 21st left sections. Judge August F. Cetti found that the order caused the idlement and entitled the affected miners to compensation for the balance of the shift and up to four hours of the next shift. Because…
FMC Wyoming Corporation
Asbestos-survey citation affirmed and other orders vacated
FMC Wyoming operated a trona mining and processing facility near Green River, Wyoming. During maintenance work removing asbestos-type insulation from a turbine, the company did not conduct exposure surveys before the work began. Judge August F. Cetti affirmed the modified citation for failing to…
Garrick Gravel Incorporated
Three citations affirmed with $357 penalty
Garrick Gravel Incorporated admitted three safety violations but contested the proposed penalties. After a hearing at which the Secretary presented evidence and the company did not appear, Judge August F. Cetti found the violations proven and found the proposed penalty of $119 for each citation…
Cobblestone, Ltd.
Gravel-pit citations affirmed
Cobblestone operated a small family gravel pit and argued that MSHA lacked jurisdiction because it was producing gravel for personal use during the inspection period. Judge August F. Cetti found that the gravel operation was a mine whose operations and products affected interstate commerce. He…
M & M Construction Inc.
Guarding citations settled for $999
MSHA cited M & M Construction at the West Ann Road Pit for eight alleged violations of the machinery-guarding standard in 30 C.F.R. § 56.14001 and one alleged violation of 30 C.F.R. § 56.14006. The parties agreed to reduce each proposed penalty from $192 to $111, for a total of $999, and M & M…
Ticathe Industrial Company of Steamboat Springs, Inc.
Settlement approved for hoisting-equipment citation
MSHA alleged that Ticathe used a mobile crane as a manlift without the overspeed, overwind, automatic-stop controls, and brakes required by 30 C.F.R. § 77.1401. The operator contested the citation and proposed $240 penalty, arguing that the standard did not apply to a mobile crane used above…
Colorado Westmoreland Incorporated
Citation and penalty vacated
MSHA issued Colorado Westmoreland an order, later modified to a citation, for allowing combustible material to accumulate in violation of 30 C.F.R. § 75.400. The operator cleaned up the material based on its understanding of MSHA's requirements. Because the operator relied on that understanding…
Pioneer Sand & Gravel Company
Four citations affirmed with reduced penalty
Pioneer Sand & Gravel Company was cited for four conditions at its sand and gravel pit, including unsafe access near a primary trap, electrical conditions, and an ungrounded space heater. The judge affirmed all four citations but found that the access violation was not significant and substantial…
B & B Excavating, Inc.
Mixed result across eight penalty dockets
B & B Excavating operated the Eaton Pit sand and gravel mine and faced eight consolidated civil penalty dockets involving electrical, equipment, and other safety citations. The parties stipulated to the operator's jurisdiction, abatement efforts, business impact, and other background facts, and the…
Paul Hubbs Construction Co.
Three quarry citations affirmed
Paul Hubbs Construction Company operated the Atkinson Quarry in California, where a screening plant used a 250-kilowatt generator. Judge August F. Cetti affirmed citations for a discharged fire extinguisher, an unguarded conveyor tail pulley, and an ungrounded generator. He assessed civil penalties…
Kaiser Sand & Gravel Company
Tail-pulley citation modified to non-S&S
Kaiser Sand & Gravel was cited after an inspector found that plywood was not securely guarding a conveyor tail pulley at the Santa Margarita Quarry. Judge August F. Cetti found that the guarding standard was violated, but that the evidence did not show a reasonable likelihood of injury, so the…
Kaiser Coal Corporation of Sunnyside
Rib-testing violation found and $1,000 assessed
Kaiser Coal Corporation of Sunnyside operated the Sunnyside No. 1 underground coal mine. After a service representative was fatally injured by a falling rib, MSHA alleged that the operator had visually examined the rib but had not physically tested it as required by 30 C.F.R. § 75.205. Judge August…
Midacontinent Resources, Inc.
Refresher-training citation amended with a $20 penalty
Midacontinent Resources operated a coal preparation plant where MSHA alleged that a miner had not received the required annual refresher training. Further investigation showed that the miner had received annual retraining, but the operator's form did not clearly identify the training type or may…
Coeur d'Alene Mines Corporation
Discrimination case dismissed with prejudice
The discrimination proceeding was brought by Henry C. Stairs, who died without a surviving spouse. The known next of kin did not appoint a personal representative or indicate interest in doing so after receiving notice that the case would be dismissed if no representative appeared. Judge August F…
Vinnell Mining and Minerals Corporation
Four citations settled for $175
Vinnell Mining and Minerals faced four citations at the Oro Grande Mine with initial assessments totaling $241. Judge August F. Cetti approved the settlement after reviewing the statutory penalty criteria and the parties' explanation for reducing two assessments. The settlement reduced the total to…
Mid-Continent Resources, Inc.
One citation affirmed and one vacated
Mid-Continent Resources faced citations for an unguarded moving machine part and for allegedly working alone in a hazardous condition at the Coal Creek Prep Plant. Judge August F. Cetti approved the settlement, reduced the first proposed penalty from $6,000 to $1,000, and affirmed that citation…
Sanger Rock & Sand
Moving-parts citation vacated
MSHA alleged that a V-belt drive at Sanger Rock & Sand's open-pit facility was not guarded as required by 30 C.F.R. § 56.14001. Judge August F. Cetti found that the Secretary did not prove a reasonable possibility that anyone could contact the moving machine part, and did not establish that the…
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.