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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24/7 Service and Supply, Inc.
Discrimination complaint dismissed
Raymond George alleged that 24/7 Service and Supply laid him off after he raised questions about air supply and oxygen levels in confined areas at the Lee Ranch Coal Mine. Judge Gary Melick found the conversation ambiguous and innocuous and concluded that it was not a protected safety complaint…
Jim Walter Resources, Inc.
Float coal dust and belt equipment orders affirmed
Jim Walter Resources contested two withdrawal orders issued at its No. 7 Mine after an inspection found extensive float coal dust accumulations and unsafe belt equipment. The first order involved coal dust along portions of the Main North belt line, including dust near hot or rubbing brackets…
Jim Walter Resources, Inc.
Float coal dust and belt equipment orders affirmed
Jim Walter Resources contested two withdrawal orders issued at its No. 7 Mine after an inspection found extensive float coal dust accumulations and unsafe belt equipment. The first order involved coal dust along portions of the Main North belt line, including dust near hot or rubbing brackets…
Calmat Company of Arizona
Citations affirmed under Mine Act jurisdiction
MSHA cited Calmat Company of Arizona after a truck driver stood on a haul truck being loaded for removal and lacked safe access and required on-site training. Calmat argued that the cited area was part of a concrete batch plant excluded from Mine Act jurisdiction under the OSHA and MSHA interagency…
Calmat Company of Arizona
Citations affirmed under Mine Act jurisdiction
MSHA cited Calmat Company of Arizona after a truck driver stood on a haul truck being loaded for removal and lacked safe access and required on-site training. Calmat argued that the cited area was part of a concrete batch plant excluded from Mine Act jurisdiction under the OSHA and MSHA interagency…
Jim Walter Resources, Inc.
Prior charging documents admitted as evidence
The Secretary offered prior charging documents alleging similar violations of the combustible-material standard in two Jim Walter Resources contest proceedings. The operator argued that the documents were inadmissible because they were not final and raised other objections about their use to show…
Original Sixteen to One Mine, Incorporated
, WEST 2002-226-M): Fatal-clearance and training violations affirmed
Original Sixteen to One Mine was cited after a miner was fatally injured when his head struck an unmarked ore chute while he operated a locomotive underground. Judge Gary Melick affirmed the clearance-warning violation and a separate locomotive-defect violation, finding both significant and…
Jewell Smokeless Coal Corp.
Dismissal rescinded and hearing rescheduled
Larry E. Mullins filed a Mine Act discrimination complaint against Jewell Smokeless Coal Corp. The Judge had initially dismissed the case because the complaint was filed 44 days beyond the 60-day statutory period and the Respondent had not shown justifiable circumstances for the delay. On further…
Sherwin Alumina Company
Trial stay amended
Sherwin Alumina asked to move the trial of its consolidated contest and civil penalty cases to May 2004 because the parties needed more preparation time. Judge Gary Melick found that the requested delay was extraordinary and inconsistent with the Commission’s case-management plan, especially…
Independence Coal Company, Inc.
Pleadings amended to clarify penalty allegations
The Secretary sought to amend the charging documents against Independence Coal Company, Bill Burgette, and Greg Neil after MSHA issued more specific modifications. The respondents objected that the changes added a new issue after testimony had begun, would require additional discovery and…
Secretary of Labor on behalf of Charles Scott Howard v. Cave Spur Coal, LLC, Panther Mining, LLC, and Black Mountain Resources, LLC
Discrimination complaint dismissed
Charles Scott Howard alleged that Panther Mining and related companies fired him because he had raised ventilation and other health and safety concerns at the Cave Spur mine. Judge Gary Melick found that the decision-maker knew about Howard’s protected activity, but found no persuasive evidence of…
Cave Spur Coal Company, LLC, Panther Mining, LLC, and Black Mountain Resources, LLC
Additional service ordered during solicitor's absence
The Secretary of Labor brought a discrimination proceeding on behalf of Charles Scott Howard against Cave Spur Coal, Panther Mining, and Black Mountain Resources. The Secretary's Nashville counsel reported that he would be on extended vacation and otherwise engaged from August 11 through September…
Southern Equipment Co., Inc.
Discrimination complaint dismissed
Bennie Pittman alleged that Southern Equipment discharged him because of seven safety-related complaints and workplace conflicts with a coworker at the White Pit II Mine. Judge Gary Melick found that the alleged incidents either were not protected activity or were not shown to have motivated the…
Worley Blue Quarry, Inc.
Fall-protection violation affirmed and $10,000 penalty assessed
MSHA cited Worley Blue Quarry after ledge foreman James Thornton fell 28 feet from a quarry ledge and later died from his injuries. The judge found that Thornton and four other workers were operating without safety belts, lines, lanyards, or handrails, violating the requirement to use fall…
Vandalia Resources, Incorporated
Three roadway citations affirmed and $1,948 penalties assessed
MSHA cited Vandalia Resources after two trucks slid out of control on a snow-covered and icy haul road at the Alloy / 4 Mile Mine. Judge Gary Melick found that the certified foreman had identified the hazardous road condition but failed to correct it after the first accident, and that the two…
Secretary of Labor on behalf of Charles Scott Howard v. Panther Mining, LLC, Cave Spur Mining, LLC, and Black Mountain Resources, LLC
Economic temporary reinstatement approved
Charles Scott Howard had obtained other employment after leaving Cave Spur Mining, but at a lower rate of pay. The parties negotiated a settlement providing for temporary economic reinstatement, with the respondents paying the difference between Howard's average weekly pay at Cave Spur and his…
Secretary of Labor v. U.S. Steel Mining Company, Inc.
Enclosed conveyor citation affirmed
MSHA found a half-inch hole in an enclosed flight conveyor in U.S. Steel's granular coal injection system at the Concord preparation plant. The opening allowed outside air into a system designed to maintain an inert atmosphere around coal dust and methane, creating a potential fire or explosion…
Secretary of Labor on behalf of Raymond Roman v. Eagle Coal Company, Inc.
Hearing postponement denied
The discrimination hearing in Raymond Roman's case had been delayed after two essential witnesses became subjects of related criminal and Section 110(c) investigations. Eagle Coal again sought a postponement because it had not received a letter from the U.S. Attorney declining prosecution and…
Consol Pennsylvania Coal Co.
Dallas Croasmun v. Consol Pennsylvania Coal Co. (FMSHRC PENN 2002-162-D): Discrimination complaint dismissed
Dallas Croasmun, a surface maintenance supervisor at Consol Pennsylvania Coal's Enlow Fork Mine, alleged that the company discharged him for raising concerns about an unreliable mine elevator. Judge Gary Melick found that Croasmun engaged in protected activity by complaining about the elevator, but…
Lodestar Energy, Inc.
Electrical and methane-monitor findings modified
Lodestar Energy operated the Baker Mine and was cited for circuit-breaker settings and seals under an approved petition for modification, and for a methane monitor that did not register a known gas sample correctly. Judge Gary Melick found the circuit-breaker, seal, and training violations proven…
Original Sixteen to One Mine, Inc.
Settlement approved with reduced penalty
The Secretary of Labor brought civil penalty proceedings against Original Sixteen to One Mine, Inc. under the Mine Act. Three citations were vacated, two citations were severed and consolidated into another docket, and the Secretary proposed settlement of the remaining citations with modifications…
Jim Walter Resources, Inc.
Individual penalty for knowingly allowing float coal dust
William Eugene Averette was a longwall foreman and agent of Jim Walter Resources at the No. 7 Mine in Alabama. Judge Gary Melick found that Averette knew, or had reason to know, that substantial float coal dust remained in a longwall tailgate entry and failed to take adequate corrective action. The…
Jim Walter Resources, Inc.
Miners' compensation application denied after mine closure
The United Mine Workers sought four hours of compensation for miners scheduled to work an overnight shift after two explosions at Jim Walter Resources' No. 5 Mine in Alabama. Thirteen miners died and others were injured in the explosions, after which the mine operator withdrew miners and canceled…
Lodestar Energy Incorporated
Five citations affirmed and one vacated
Lodestar Energy Incorporated faced consolidated civil penalty proceedings involving its coal mines. Five citations alleged that air near mine seals contained less than the required 19.5% oxygen, and one citation alleged that a tail roller guard was not secured. Judge Gary Melick affirmed the five…
Gray Quarries Incorporated
Discrimination complaint dismissed
Gray Quarries Incorporated discharged quarry worker Willie Ray Shaffer after a dispute about assignments that included cleaning a catwalk beneath operating scalper screens where falling rocks could pose a hazard. Shaffer claimed he told management that he would contact the right people about the…
Jim Walter Resources, Inc.
Summary decision denied over mine closure motive
The United Mine Workers sought compensation for miners scheduled to work after explosions at Jim Walter Resources' No. 5 Mine. Jim Walter argued that the mine was voluntarily closed for safety before MSHA issued a control order, while the union argued that the closure was intended to avoid…
Freeman United Coal Company
Contest proceedings treated as finally disposed
Freeman United contested four citations at the Crown II Mine, but the contests did not include a request to assess civil penalties. After the Commission remanded the proceedings for a penalty assessment, Judge Gary Melick held that the Commission had no jurisdiction to impose a penalty in these…
Ohio County Coal Company
Oil-well citation vacated
Ohio County Coal Company was cited after miners cut into two oil wells that were not shown on the mine’s approved map. The Secretary alleged that the operator had not taken reasonable measures to locate the wells and proposed a $2,000 penalty. Judge Gary Melick found that Ohio County had reasonably…
Lodestar Energy Incorporated
Summary-decision motions denied and hearing rescheduled
Lodestar Energy asked the judge to vacate three citations alleging that oxygen levels in areas where people worked or traveled fell below the required minimum. The Secretary asked for summary decision affirming the citations and civil penalties. Judge Gary Melick denied both motions because the…
Pronghorn Drilling Company
$58,395.13 EAJA fee award
Pronghorn Drilling Company sought fees and expenses in an Equal Access to Justice Act proceeding connected to former WEST 2000-537-M and 538-M cases. Judge Gary Melick awarded $58,395.13 after considering the company's requests for fees and expenses through February 21, 2002. The award included an…
Pronghorn Drilling Company
EAJA reconsideration denied
Pronghorn Drilling Company had been found eligible for fees and expenses under the Equal Access to Justice Act after prevailing in related civil-penalty cases. The Secretary asked the judge to reconsider, arguing that the earlier decision did not adequately address her evidence and that fees…
Pronghorn Drilling Company
Amendment corrected a passage in the EAJA decision
Judge Gary Melick amended an earlier decision in Pronghorn Drilling Company's Equal Access to Justice Act proceeding. The amendment corrected a passage describing whether Rio Algom's processing of liquid minerals was covered by the Mine Act's definition of a coal or other mine. It did not change…
Nelson Brothers Quarries
Two S&S findings deleted and $415 in penalties assessed
Nelson Brothers Quarries was cited for seven safety violations at its Jasper Quarry, including unguarded moving parts, exposed electrical conductors, missing breaker-box filler plates, clutter, improper fuses, and a nonfunctional backup alarm. Judge Gary Melick affirmed the violations but deleted…
Pronghorn Drilling Company
EAJA entitlement granted and amount deferred
Pronghorn Drilling Company sought attorney fees and expenses after it prevailed in an underlying Mine Act penalty case involving the Smith Ranch Project. Judge Gary Melick found that the Secretary's position was not substantially justified and that an award would not be unjust. The judge approved…
Douglas R. Rushford Trucking
Remand penalty set at $4,000
Douglas R. Rushford Trucking operated the Seymour Road Pit in New York, where an employee died after a truck wheel rim exploded during tire inflation without a stand-off device. Judge Gary Melick considered the Commission's remand instructions and the statutory penalty factors for the violation of…
Ohio County Coal Company
Belt and coal-dust citations affirmed with $455 penalty
Ohio County Coal operated the Freedom Mine, where MSHA cited belts rubbing against framing and timbers and coal and float coal dust accumulating near belt equipment. Judge Gary Melick found all three violations proven, including two significant and substantial violations involving fire and smoke…
Georges Colliers, Incorporated
Settlement approved and $742.60 penalty assessed
Georges Colliers, Incorporated returned to the Administrative Law Judge on remand for assessment of a civil penalty. After supplemental hearings about the company's updated financial information, the parties negotiated a settlement. Judge Gary Melick found the settlement acceptable under the Mine…
Georges Colliers, Incorporated
Settlement approved and $742.60 penalty assessed
Georges Colliers, Incorporated returned to the Administrative Law Judge on remand for assessment of a civil penalty. After supplemental hearings about the company's updated financial information, the parties negotiated a settlement. Judge Gary Melick found the settlement acceptable under the Mine…
Alan Lee Good, an individual doing business as Good Construction
Remand issues dismissed after citations vacated
The Commission remanded these civil penalty proceedings for the Judge to determine whether the operator had adequate notice of the Secretary's interpretation of a guarding standard. The Secretary later vacated the five citations at issue. Judge Gary Melick held that the proceedings had therefore…
Ohio County Coal Company
Four citations affirmed, two vacated
Ohio County Coal Company operated the Freedom Mine. MSHA alleged six violations involving a methane monitor, the mine's ventilation plan, and an emergency parking brake, and proposed $330 in penalties. The Secretary vacated two citations, and the company agreed to pay $55 for another citation…
Hunt Midwest Mining, Inc.
Frankie Underwood v. Hunt Midwest Mining, Inc. (FMSHRC CENT 2001-192-DM): Discrimination complaint dismissed
Frankie Underwood alleged that Hunt Midwest Mining discharged him after he refused to report for work because he believed the assignment could be hazardous. Judge Gary Melick found that Underwood had accepted the offered work by saying “okay” and then failed to report without further communication…
Rio Algom Mining Corporation
And Pronghorn Drilling Company (FMSHRC WEST 2000-559-M, et al.): Citations vacated for lack of Mine Act jurisdiction
Rio Algom Mining Corporation and Pronghorn Drilling Company operated an in-situ uranium recovery project in Wyoming where uranium was extracted in liquid form without workers underground. Both companies sought summary decision, arguing that the Smith Ranch Project was not a “mine” under the Mine…
Lodestar Energy, Inc.
Illumination citation vacated
MSHA cited Lodestar Energy for allegedly failing to provide enough illumination where a truck dumped refuse at a slurry pond. The inspector believed a dirty backup light and the unused portable light plant left the driver unable to see safely, but the driver and foreman testified that the truck had…
Alcoa Alumina & Chemical, L.L.C.
Discrimination complaint dismissed
The Secretary alleged that Alcoa suspended employee Dillard Pettus for three days because he engaged in activity protected by the Mine Act. The Judge found that Pettus's conduct and statements were not protected safety activity and that Alcoa had a credible non-protected reason for the suspension…
Consolidation Coal Company
Summary-decision motion denied
Glenn Mayhugh complained about dusty conditions while rock dusting was taking place at Consolidation Coal's Robinson Run No. 95 Mine. He alleged that a foreman's insulting remarks and related conduct were discriminatory because they followed his safety complaint. Consolidation Coal argued that the…
Consolidation Coal Company
Ventilation order modified and penalty assessed
Consolidation Coal admitted that it failed to maintain the approved ventilation-plan air velocity at the Robinson Run No. 95 Mine. The judge found the violation significant and substantial because inadequate ventilation could contribute to respirable-dust exposure and a methane or dust ignition…
Matbon Incorporated
Settlement penalty set after corporate-history and mine-size rulings
Matbon Incorporated acknowledged 18 mandatory-standard violations at its mine and agreed to resolve the case through a settlement. The judge ruled that the company remained responsible for its violation history even after a change in controlling stock ownership. He also held that all 15 people…
Clinchfield Coal Company
Motion to compel unredacted inspector notes denied
Clinchfield Coal asked the judge to compel the Secretary of Labor to produce the unredacted field notes of an MSHA inspector. The Secretary argued that the withheld portion contained internal deliberations protected by the deliberative-process privilege. After reviewing both versions in camera, the…
R B Coal Company, Inc.
Customer hazard-training citations affirmed
R B Coal operated the Verda Tipple, where about 30 customer truck drivers entered mine property to collect coal. The company agreed to pay the proposed penalties for two citations, while the judge decided a third citation alleging that the drivers had not received hazard training. Judge Gary Melick…
Portable Rock Production Co.
EAJA settlement approved for $13,000
Portable Rock Production applied for fees and expenses under the Equal Access to Justice Act in a proceeding formerly associated with WEST 99-309-M. The parties jointly asked the judge to approve a settlement and dismiss the case after payment of $13,000. Judge Gary Melick approved the settlement…
Consolidated Coal Company
Methane-explosion violations affirmed on remand
Consolidated Coal was closing the Blacksville No. 1 underground coal mine when a methane explosion occurred during welding on a dewatering pipe above a production shaft. The explosion killed four contractor employees, injured two others, and damaged mine structures. On remand, Judge Gary Melick…
Freeman United Coal Company
Four diesel-equipment citations vacated
Freeman United contested four citations involving approval markings on diesel engines used in nonpermissible mine equipment. The Secretary argued that the markings had to be supplied by the engine manufacturer, while Freeman United had supplied the markings itself. Judge Gary Melick held that the…
Mountain Spring Coal Company
Brian T. Christie v. Mountain Spring Coal Company (FMSHRC PENN 2000-23-D): Discrimination complaint dismissed
Brian T. Christie alleged that Mountain Spring Coal Company discharged him after he refused to perform fireboss duties because of a pre-existing neck condition and concerns about how the mine was being run. Judge Gary Melick found that Christie did not communicate a safety basis for refusing the…
T & M Development Co.
Discrimination complaint dismissed on remand
Donald L. Ribble alleged that T&M Development fired him after he was injured while checking a conveyor roller and sought medical treatment. Judge Gary Melick found that Ribble did not prove he requested an accident report or made safety complaints before his discharge, and that the protected…
Alan Lee Good, an individual doing business as Good Construction
Amended penalty order vacates two citations
MSHA pursued civil penalties against Alan Lee Good and Good Construction in two dockets involving the Good Portable Crusher. In this amended order, Judge Gary Melick corrected the prior order by vacating Citations 7974344 and 7974345. He affirmed the remaining citations and ordered Good…
Douglas R. Rushford Trucking
Remand penalty set at $4,000
Douglas R. Rushford Trucking operated the Seymour Road Pit in New York, where an employee died after a truck wheel rim exploded during tire inflation without a stand-off device. Judge Gary Melick reconsidered the civil penalty on remand and reviewed the statutory penalty criteria, including the…
Alan Lee Good, an individual doing business as Good Construction
Mixed citation ruling and listed penalties
Good Construction operated a portable crusher at a Washington quarry. Judge Gary Melick found violations involving unguarded moving machine parts, an inoperative truck parking brake, missing handrails, brake lights, and workplace examinations, and assessed low gravity or low negligence for most…
Portable Rock Production Co., Inc.
Fatal-accident citations affirmed and order vacated
Portable Rock Production Co., Inc. operated the Sears Road Pit, where a bulldozer overturned after an undercut bench failed and the operator, Vernon Smith, later died from his injuries. Judge Gary Melick affirmed the significant-and-substantial citation for failing to maintain slope stability and…
Blades Construction Products
Mixed citation results and individual-liability findings
Blades Construction Products faced consolidated proceedings involving dust control, fall protection, unstable highwalls, loose ground, and ground-condition examinations at its crushed-stone operation. The ALJ approved settlements for several citations, affirmed other citations and orders, and…
Earnest Yazzie, employed by Agronics, Inc.
Section 110(c) proceedings dismissed
The Secretary brought section 110(c) civil penalty proceedings involving Earnest Yazzie and Leland T. Taylor, employees associated with Agronics, Inc., in two consolidated dockets. After a settlement conference and at the hearings, the Secretary vacated the section 110(c) charges. Judge Gary Melick…
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.