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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Manalapan Mining Co.
Discrimination complaint dismissed
Prabhu Deshetty alleged that Manalapan Mining Company discharged him because he raised safety concerns about mine ventilation fan stoppages, permissible pumps, and a county-owned bridge used to access the mine. Judge Gary Melick found that the complaints were protected activity and that the bridge…
Kermit Campbell v. John Chaney Trucking Co., Inc. and/or Watts and Chaney Trucking, Inc.
Compensation case dismissed because no withdrawal order was issued
Kermit Campbell sought compensation under section 111 of the Federal Mine Safety and Health Act, saying a federal mine inspector inspected his truck and put it out of service. The application did not allege that a withdrawal order caused the idlement. Campbell later submitted a section 104(a)…
Grover Napier v. John Chaney Trucking Co., Inc.
Compensation case dismissed because citation was not a withdrawal order
Grover Napier sought compensation under section 111 of the Federal Mine Safety and Health Act, alleging idlement caused by a section 104(d)(1) citation. Judge Gary Melick ordered Napier to show cause why the case should not be dismissed because section 111 compensation requires a withdrawal order…
Extra Energy, Inc.
Two violations affirmed
Extra Energy operated a small surface mine in West Virginia. Judge Gary Melick found that the company violated standards concerning a contractor vehicle and the reporting of a fatal carbon-monoxide poisoning at the mine. He affirmed both citations and assessed penalties of $50 and $500, for a total…
Primrose Coal Company
Electrical citations affirmed
Primrose Coal Company operated the Primrose Slope mine in Pennsylvania. Judge Gary Melick considered three consolidated civil penalty proceedings involving electrical grounding, bonding, and frame-grounding requirements. He affirmed the citations, approved a reduced settlement penalty for some…
Manalapan Mining Co.
Accident-reporting citations affirmed
Manalapan Mining operated Mine No. 9 in Kentucky. Judge Gary Melick considered six citations concerning failures to report accidents or occupational injuries under 30 C.F.R. § 50.20. He approved a settlement reduction for four citations, found little negligence for one disputed reporting violation…
Glenn's Trucking Co., Inc.
Settlement approved at $1,350
Glenn's Trucking Co. faced a proposed civil penalty of $2,000. Judge Gary Melick approved the parties' settlement, reducing the penalty to $1,350, and ordered payment within 30 days. The order does not identify the underlying safety standard or describe the cited condition.
Dynasty Resources, Inc.
Temporary reinstatement proceeding dismissed
The Secretary of Labor sought temporary reinstatement for Jimmy D. Carnes in a proceeding involving Dynasty Resources' No. 3 Mine. The Secretary moved to withdraw the application because Carnes had obtained other employment. Judge Gary Melick approved the withdrawal and dismissed the proceeding…
Consolidation Coal Company
Discovery motion granted in part
Consolidation Coal sought discovery in civil penalty proceedings arising from the Blacksville No. 1 Mine explosion and asked for documents from MSHA’s investigation and internal review. Judge Gary Melick rejected the Secretary’s position that some interview memoranda were protected work product…
AMAX Coal Company
Amended decision issued
This amended release corrected a page in an earlier decision involving AMAX Coal Company's LAKE 96-17 proceeding. The release reconfirmed an approved settlement reducing one order's penalty from $2,500 to $2,000 and reproduced the decision's discussion of a citation alleging wet and muddy…
AMAX Coal Company
Wet haulageway violation affirmed
MSHA cited AMAX Coal Company after inspectors found standing water and mud in a mine haulageway, with water up to 24 inches deep and a tractor stuck in the mud. The judge found that the roadway conditions affected equipment control and that the violation was significant and substantial because…
Doss Fork Coal Company, Inc.
Three orders affirmed after remand
Doss Fork Coal Company was ordered to pay civil penalties after MSHA found loose coal accumulations, inadequate roof support, and failures to record hazardous conditions at the Seminole Mine. On remand, Judge Gary Melick found that the first violation resulted from unwarrantable failure and high…
Amax Coal Company
Failure-to-abate order vacated
MSHA cited Amax Coal Company for coal and coal-dust accumulations around a conveyor belt at the Wabash Mine and later issued a failure-to-abate order under section 104(b). Judge Gary Melick found that Amax had cleaned the original accumulation before the later order was issued. Because the…
Consolidation Coal Company
Accident-evidence citation vacated
Consolidation Coal Company was cited after company officials entered a damaged vehicle at the Blacksville No. 1 Mine during an investigation of a fatal methane explosion. The Secretary alleged that the officials altered evidence in violation of section 103(j) of the Mine Act. Judge Gary Melick…
Consolidation Coal Company
Methane-testing order vacated
Consolidation Coal Company was charged with failing to conduct methane tests during cleaning work in a raw coal silo at the Blacksville No. 1 Mine. The Secretary sought a $12,000 penalty under 30 C.F.R. § 77.201-1. Judge Gary Melick found that the evidence raised suspicions but did not prove that…
Ikerd-Bandy Co., d/b/a Cockrell's Fork Mining
Discrimination case dismissed
Ronnie Gay alleged that Ikerd-Bandy refused to hire him because he had reported safety problems while working for the predecessor operator, Whitaker Coal Company. Judge Gary Melick excused Gay's late filing because he did not learn of his rights under the Mine Act until shortly before filing. The…
The Pittsburg & Midway Coal Mining Company
Settlement approved
The parties asked Judge Gary Melick to approve a settlement in two civil-penalty proceedings. The settlement removed the Significant and Substantial designation from Citation No. 4061992 and reduced a proposed penalty from $228 to $51. The judge found the settlement acceptable under the Mine Act's…
Alan Fox, Gary W. Bennett, Charles Burggraf, and Eldon Ray Evans, employed by Amax Coal Co.
Alan Fox, Gary W. Bennett, Charles Burggraf, and Eldon Ray Evans (FMSHRC LAKE 95-299, et al.): Individual penalty proceedings dismissed
The Secretary sought individual civil penalties against four Amax Coal managers after MSHA issued an order alleging a combustible-material accumulation near a conveyor belt at the Wabash Mine. Judge Gary Melick held that the delay-based dismissal argument did not justify ending the section 110(c)…
Consolidation Coal Company and Superior Security, Inc.
Discrimination complaints dismissed
Debora Boyce and Viletta M. Moore worked as part-time, on-call security guards at remote coal mine pump sites. They alleged that after raising health and safety concerns, their work time was reduced and they were assigned to remote locations without communications or sanitary facilities. Judge Gary…
Larc Coal, Inc.
Settlement approved and penalty reduced to $7,500
Larc Coal operated Hatchett Mill. The Secretary of Labor petitioned for assessment of a civil penalty, and the parties proposed reducing the penalty from $12,500 to $7,500. Judge Gary Melick found the settlement acceptable under the criteria in section 110(i) of the Mine Act. He approved the…
Elk Run Coal Company
Discrimination case dismissed after complainant declined to proceed
Blaine A. Kelley filed a discrimination proceeding against Elk Run Coal Company. Kelley later wrote that he had decided to drop the case, but the reason was unclear. Judge Gary Melick issued a show-cause order giving Kelley a final opportunity to proceed, and Kelley did not respond. The judge…
Vulcan Materials Co.
Settlement approved, two dockets vacated and one penalty increased
These consolidated cases involved civil-penalty petitions against Vulcan Materials and two employees. Judge Gary Melick approved a settlement under section 110(i) of the Mine Act. The settlement vacated the charges in dockets SE 95-244-M and SE 95-245-M and increased the penalty in docket SE…
Vulcan Materials Co.
Contest withdrawn and case dismissed
Vulcan Materials contested a citation issued at the Rockingham Quarry. At hearing, Vulcan requested permission to withdraw its contest. Judge Gary Melick granted the request under 29 C.F.R. § 2700.11 and dismissed the case.
Peabody Coal Company
Rock-dust citations split
Peabody Coal was cited at its Martwick and Camp #11 underground mines for inadequate rock dusting. Judge Gary Melick found that Citation No. 3861813 was duplicative of Citation No. 3861812 because it covered the same area and time, so he vacated the lesser-included citation. He affirmed Citation…
Akzo Salt Company, Inc.
Damages and penalty ordered
The parties stipulated to $2,542.04 in damages owed to James Rieke in a Mine Act discrimination proceeding. Judge Gary Melick ordered Akzo Salt Company to pay those damages and a $2,000 civil penalty within 30 days. The order added those amounts to the remedies directed in the judge's August 7…
Jim Walter Resources, Inc.
Settlement approved and penalty reduced
Jim Walter Resources, Inc. moved to settle a civil penalty proceeding. The settlement proposed vacating Citation No. 3182463 and reducing the penalties for the remaining violations from $19,500 to $10,500. Judge Gary Melick approved the settlement under the Mine Act's penalty criteria and ordered…
Akzo Salt Company
Discrimination found and reinstatement ordered
James Rieke reported that a foreman removed a safety tag from equipment and directed miners to use it before repairs were confirmed. After MSHA issued a citation naming the foreman, Rieke was removed from his powderman and blaster position and reassigned. Judge Gary Melick found that the…
Cowlitz Valley Sand & Gravel
Jurisdiction found and settlement approved
Cowlitz Valley Sand & Gravel was preparing a sand-and-gravel operation but had not yet begun production when MSHA inspected it. The judge found that the operation was subject to the Mine Act because its preparation and equipment were connected to activities that would affect interstate commerce…
Boart Longyear Company
Discrimination proceeding dismissed
Sam Collette alleged that Boart Longyear Company discriminated against him after a back injury and his complaints about the safety and health effects of driving a water truck. The judge found that the company had no other qualified light-duty position available and that Collette's termination was…
Southmountain Coal, Inc.
Settlement approved and contests dismissed
Southmountain Coal and William Ridley Elkins were parties to contest and civil penalty proceedings involving numerous citations, orders, and proposed penalties. The Secretary reported related criminal proceedings and stated that the respondents' monetary liability had been satisfied. The judge…
Consolidation Coal Company
Miners’ representative policy found discriminatory
Consolidation Coal transferred Richard Glover and Leon Kehrer from scooter-barn mechanic jobs because of their duties as miners’ representatives who accompanied inspectors. The judge found that the company’s policy effectively barred miners’ representatives from holding the scooter-barn mechanic…
Michael Griffith, II, Employed by Teal Mining, Incorporated
Civil penalty charges vacated
The Secretary charged Michael Griffith and Michael Griffith II, acting as alleged agents of Teal Mining, with knowingly authorizing, ordering, or carrying out three admitted violations involving the mine ventilation plan and roof control plan. Judge Gary Melick found that the Secretary did not…
Alpha Mining Company
Smoking-material citations mixed
The Secretary charged Alpha Mining Company and two employees after inspectors found cigarettes, cigarette packs, cigarette butts, and a lighter during an underground inspection at the Alpha No. 1 Mine. Judge Gary Melick vacated the citation against Robert Hardin, finding that an empty cigarette…
Mineral Transport, Inc.
$400 settlement approved
Mineral Transport, Inc. faced a civil penalty proceeding involving the CSI #5 mine. The parties proposed reducing the penalty from $800 to $400. Judge Gary Melick approved the settlement under the Mine Act's penalty criteria, ordered payment of $400 within 30 days, and cancelled the hearing…
Branham & Baker Coal Company
Discrimination settlement approved
Garis Martin brought a Mine Act discrimination complaint against Branham & Baker Coal Company. The parties submitted a settlement agreement, and Martin consented to it on the record. Judge Gary Melick approved the settlement and ordered the company to pay a nominal $1 civil penalty within 30 days…
Pontiki Coal Corporation
Remaining dismissal issues rejected
Charles H. Dixon filed a discrimination complaint involving Pontiki Coal Corporation, and the Secretary later filed a complaint on his behalf. Pontiki argued that the Secretary's filing was untimely, that Dixon's certificate of representation was defective, and that an amended complaint did not…
S & H Mining Co.
Settlement approved with $1,000 penalty
S & H Mining Co. employee Gary Byrge faced a civil penalty proceeding under the Federal Mine Safety and Health Act. The Secretary proposed a $1,000 penalty, and Byrge agreed to pay it in full under a settlement. Judge Gary Melick found the settlement acceptable under the statutory criteria and…
B & S Trucking Company
Raised truck bed violation affirmed with reduced penalty
B & S Trucking Company was cited after a driver walked beneath the unsupported raised bed of a coal truck while fueling it at the Manalapan No. 1 Mine. The judge found that the conduct violated the requirement to block raised machinery before work is performed underneath it and was significant and…
Sextet Mining Corporation
Cable and dust violations affirmed, one order modified
Sextet Mining Corporation faced four violations at the West Hopkins No. 11 Mine involving damaged trailing cables, combustible coal dust and loose coal, and inadequate rock dusting. The judge found the violations significant and substantial, and found aggravated negligence for the most seriously…
Pontiki Coal Corporation
Partial dismissal issue deferred
Pontiki Coal Corporation moved to dismiss a discrimination complaint brought on behalf of Charles H. Dixon. At hearings, an affidavit indicated that Dixon may have been a representative of miners before April 15, 1994. Judge Gary Melick amended an earlier interlocutory order by deleting the finding…
Winn Construction Company, Inc.
Three-mine settlement approved for $9,700
Winn Construction Company, Inc. faced civil penalty proceedings involving the Browns Valley, Maxwell, and Free Silver Mines. The parties proposed reducing the combined penalty from $27,500 to $9,700. Judge Gary Melick found the settlement acceptable under the Mine Act's statutory criteria. He…
Winn Construction Company, Inc.
$800 settlement approved
Winn Transportation Corp. was the respondent in a civil penalty proceeding involving the Browns Valley Mine. At the hearing, the Secretary moved to approve a settlement and dismiss the case, and the respondent agreed to pay the proposed $800 penalty. Judge Gary Melick found the settlement…
Peabody Coal Company
$302 settlement approved
Peabody Coal Company was the respondent in a civil penalty proceeding involving the Martwick Underground Mine. The Secretary proposed a settlement reducing the penalty from $378 to $302. Judge Gary Melick found the settlement acceptable under the Mine Act criteria and approved it. The $302 penalty…
Peabody Coal Company
Contest dismissed as moot after settlement
Peabody Coal Company contested a citation involving its Martwick Underground Mine. At a January 31, 1995 hearing, the Judge found that the contest had become moot because the parties settled the associated penalty for the underlying citation in KENT 94-1321. Judge Gary Melick dismissed the contest.
Peabody Coal Company
Partial settlement approved and remaining citation stayed
Peabody Coal Company faced a civil penalty proceeding involving the Martwick U.G. Mine. The parties proposed reducing the penalties for two citations from $2,067 to $1,867, and Judge Gary Melick found that partial settlement acceptable under the Mine Act criteria. He approved the $1,867 penalty…
Peabody Coal Company
$1,300 settlement approved
Peabody Coal Company was the respondent in a civil penalty proceeding involving the Martwick Underground Mine. The Secretary proposed a settlement reducing the penalty from $2,000 to $1,300. Judge Gary Melick found the settlement acceptable under the Mine Act criteria and approved it. The $1,300…
Earl Caudill
Settlement approved for $1,250 penalty
Earl Caudill agreed to pay a proposed civil penalty of $1,250 in a case involving the Polly #3 mine in Perry County, Kentucky. The Secretary asked the judge to approve the settlement and dismiss the case. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria. The…
Consol Pennsylvania Coal Co.
Coal-dust and preshift citations affirmed
Consol Pennsylvania Coal Company was cited for coal and float-coal-dust accumulations along a longwall belt entry and for preshift examiners' failure to report hazardous conditions. The judge found the coal-dust conditions and the preshift-examination violation proven, significant and substantial…
Vulcan Materials Company
Temporary reinstatement proceeding dismissed after settlement
The Secretary sought temporary reinstatement for Harold J. Wilson in a discrimination proceeding against Vulcan Materials Company, Midwest Division. Wilson accepted an agreement providing an economic settlement, and the Secretary asked to withdraw the application for temporary reinstatement. Judge…
Pontiki Coal Corporation
Partial dismissal of discrimination complaint
The Secretary filed a discrimination complaint naming Charles H. Dixon, several other representatives of miners, and eleven unnamed Pontiki employees. Judge Gary Melick held that only Dixon had filed the underlying complaint with the Secretary, so the case could not proceed on behalf of the…
Peabody Coal Company
Order modified and settlement approved
Peabody Coal contested a withdrawal order alleging that return air was reaching power connection points in the Martwick Underground Mine, and the parties separately settled another citation for a $100 penalty. Judge Gary Melick found that the ventilation violation occurred, but the Secretary did…
Adena Fuels, Incorporated
Discrimination case dismissed after settlement
Larry E. Hatton brought a discrimination proceeding against Adena Fuels concerning the Diamond No. 1 Mine. After the hearing began and was postponed, Hatton requested permission to withdraw because the parties had reached an agreeable settlement. Judge Gary Melick granted permission to withdraw…
Susquehanna-Mt. Carmel, Inc.
Settlement approved for $1,000 penalty
Susquehanna-Mt. Carmel, Inc. faced a civil penalty proceeding involving the Natalie Banks mine. The Secretary moved to approve a settlement that reduced the proposed penalty from $4,400 to $1,000 and requested dismissal. Judge Gary Melick found the agreement acceptable under the Mine Act's penalty…
W-P Coal Company
Bathhouse citation affirmed and $250 penalty assessed
W-P Coal Company held the mining rights to a West Virginia coal mine and used Top Kat Mining as its contract operator. MSHA cited W-P for a bathhouse floor that was rotten, wet, and weak, after modifying the citation to name W-P as a co-operator. On remand, Judge Gary Melick rejected W-P's…
Freeman United Coal Mining Co.
Discrimination complaint withdrawn and dismissed
Derald Wilson brought a discrimination complaint against Freeman United Coal Mining Co. At the hearing, Wilson requested permission to withdraw the complaint after documentary evidence showed that the alleged retaliatory event occurred before the protected activity he identified. Judge Gary Melick…
Mutual Mining Incorporated
Default compensation order issued
Mutual Mining Incorporated was ordered to answer a complaint for compensation within 30 days or explain why it could not do so. The company did not respond to that order. Judge Gary Melick therefore found the company in default and ordered it to pay compensation within 30 days to the miners listed…
Catenary Coal Company
Traffic-sign citation affirmed and $250 penalty assessed
Catenary Coal Company operated the Campbells Creek Surface Facilities, where two haul roads had downhill sections and different traffic-sign conditions. MSHA cited the company under 30 C.F.R. § 77.1600(b) for failing to standardize and post traffic rules, signals, and warning signs. Judge Gary…
Narrows Branch Coal, Inc.
Reinstatement and settlement approved
These consolidated proceedings involved a temporary reinstatement application, a discrimination complaint, and a civil penalty petition arising from Robert Harlow's employment at Narrows Branch Coal's No. 1 Mine. The parties agreed that the company would reinstate Harlow, pay back pay and interest…
Link M. Smith, Jim Altizer and Gary Ritchie v. Consolidation Coal Company
Smith, Altizer and Ritchie v. Consolidation Coal Company (FMSHRC WEVA 93-343-D): Discrimination case dismissed
The Secretary asked to withdraw the discrimination complaint brought on behalf of Link M. Smith, Jim Altizer, and Gary Ritchie against Consolidation Coal Company. The request relied on the Commission's decision in Swift et al. v. Consolidation Coal Co. The administrative law judge granted…
Clinchfield Coal Company
Complaint withdrawn and case dismissed
The Secretary of Labor asked to withdraw a discrimination complaint brought on behalf of Ronald Rose against Clinchfield Coal Company. The Secretary relied on the Commission's decision in Swift et al v. Consolidation Coal Co., 16 FMSHRC 201 (1994). Judge Gary Melick granted permission to withdraw…
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.