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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Bradys Bend Corporation
Discrimination complaint withdrawn and case dismissed
Kenneth E. Vogt Sr. asked to withdraw his discrimination complaint against Bradys Bend Corporation. The complaint concerned work at Kaylor Mine No. 3. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed and the hearing scheduled for…
Peabody Coal Company
Ventilation-plan citations vacated
Peabody challenged citations alleging that its Camp No. 11 Mine operated without suitable approved ventilation-plan provisions. The Secretary sought a four-cut mining sequence and additional requirements for airflow and methane monitoring. The ALJ found that total mine methane liberation did not…
Crockett Collieries (KY) Inc.
Settlement approved and $9,000 assessed
Crockett Collieries (KY) Inc. and the Secretary proposed a settlement in a civil penalty proceeding. The settlement called for vacating one order, deleting the significant and substantial findings from two other orders, and reducing the proposed penalty from $26,700 to $9,000. The ALJ approved the…
Trojan Mining Company
Compensation proceeding dismissed
James Boyd, on behalf of Local Union 1468 of the United Mine Workers of America, was ordered to show cause why the compensation proceeding should not be dismissed. No response was received by the deadline. Judge Gary Melick dismissed the case.
Morton International, Inc., Morton Salt
Methane citations vacated in abandoned area
Morton International, Inc., Morton Salt challenged methane citations issued at its Weeks Island domal salt mine. MSHA recorded methane readings of 1 percent and 3.25 percent in an abandoned area. The ALJ held that the cited standards addressed mine atmosphere in active workings and did not apply to…
Island Creek Coal Company
Coal-accumulation order modified and $1,897 assessed
Island Creek Coal Company was cited after inspectors found loose coal and coal dust accumulated along the ribs of an underground mine supply road. The ALJ adopted the parties' settlements on several citations and considered one remaining order alleging a violation of 30 C.F.R. § 75.400. He found…
Island Creek Coal Company
Settlement approved and roof-plan citation affirmed
Island Creek Coal Company faced a civil penalty case involving a roof-control-plan citation and several other citations and orders. The parties settled the other matters, reducing the proposed penalties from $9,979 to $8,326, deleting some S&S findings, vacating one order, and modifying several…
R B Coal Company, Inc.,
R B Coal Company, Inc. (FMSHRC KENT 93-244, KENT 93-608): Roof-control violations modified and penalties assessed
MSHA alleged that R B Coal exceeded the 20-foot cut limit in its approved roof-control plan and also sought penalties for a separate order. Judge Gary Melick found that the two deep-cut violations were significant and substantial, but the Secretary did not prove unwarrantable failure because the…
Southmountain Coal Company, Incorporated
Late penalty petitions allowed to proceed
Southmountain Coal moved to dismiss two civil-penalty cases because the Secretary filed the penalty petitions four days after the 45-day deadline in Commission Rule 28(a). The Secretary explained that counsel relied in good faith on the wrong date stamp when calculating the deadline. Judge Gary…
S & H Mining, Incorporated
Roof-control and examination violations affirmed
MSHA cited S & H Mining after a roof fall at the No. 7 Mine injured helper Eddie Suttles and caused paralysis. The case involved an entry driven wider than the approved roof-control plan allowed, along with inadequate preshift and on-shift examinations and reporting. Judge Gary Melick found the…
Wilgar Land Company, Inc.
Settlement approved and penalty reduced
The Secretary sought civil penalties against Wilgar Land Company in two proceedings involving its No. 3 Mine. The parties proposed a settlement that reduced the penalty from $2,755 to $1,000. Judge Gary Melick approved the settlement and ordered payment in equal monthly installments beginning…
Peabody Coal Company
Ventilation plan modification affirmed
Peabody Coal operated the Martwick Underground Mine, a methane-liberating mine subject to frequent spot inspections. On remand from the Commission, Judge Gary Melick considered whether the existing ventilation plan remained suitable and whether the Secretary's proposed changes were suitable…
Peabody Coal Company
Dust-control-plan citation affirmed with $100 penalty
Peabody Coal's Marissa Mine used a dust pump to collect a respirable-dust sample at the wrong side of a conveyor-belt transfer point. Judge Gary Melick found that the pump was upwind and in a less dusty location than the approved dust-control plan required, and that Peabody intended to submit the…
Consolidation Coal Company
Failed trolley-wire insulators affirmed as significant and substantial
At Consolidation Coal Company’s Dilworth Mine, three trolley-wire hangers had failed as insulators, allowing heat, smoke, flame, or arcing near the mine roof and combustible material. Judge Gary Melick rejected the Secretary’s theory that electrical contact alone violated the standard, but found…
Helen Mining Company
Discrimination settlements approved for $1,000
Helen Mining Company agreed to settle discrimination proceedings involving five miners and allegations under section 105(c) of the Mine Act. The company admitted violations solely for settlement purposes, agreed to pay $500 in each case for a total of $1,000, and agreed that its superintendent…
National Cement Company, Inc.
Discrimination complaint dismissed
Ronny Boswell claimed that National Cement Company suspended him for reporting faulty lights on a loader and refusing to operate equipment while he believed it was unsafe. Judge Gary Melick found that Boswell engaged in protected activity, but also found that the company would have suspended him…
Douglas E. DeRossett v. Martin County Coal Corporation
Untimely discrimination complaint dismissed
Douglas E. DeRossett alleged that Martin County Coal Corporation discriminated against him because he complained about mine safety hazards. He claimed that the company moved him to a second shift, did not rehire him after a reduction in force, and discharged him because of those complaints. Judge…
Prabhu Deshetty, employed by Island Creek Coal Company
Knowing coal-dust violation and $1,500 penalty
Prabhu Deshetty, the mine manager for Island Creek Coal Company's Hamilton No. 2 Mine, was charged as an agent who knowingly authorized, ordered, or carried out a violation involving coal dust accumulations. Judge Gary Melick found large accumulations along the No. 1 beltline, including a 36-inch…
Secretary of Labor v. Curtis Crick, James Bo Jones, and Charley Wright
Individual penalty cases dismissed as untimely
The Secretary sought individual civil penalties against three Island Creek Coal Company agents for an alleged violation involving coal accumulations under 30 C.F.R. § 75.400. The penalty petitions were filed 70 days after the respondents' notices of contest, beyond the 45-day period in Commission…
Oneida Coal Company, Inc.
Settlement approved for $10,020
Oneida Coal Company faced a civil-penalty proceeding under the Mine Act. At the hearing, the Secretary moved to approve a settlement and dismiss the case, and Oneida agreed to pay the proposed $10,020 penalty in full. Judge Gary Melick found the settlement appropriate under the statutory penalty…
Top Kat Mining, Inc., W-P Coal Company, and Bear Run Coal, Inc.
Citation and order vacated
The Secretary pursued penalties against Top Kat Mining, W-P Coal Company, and Bear Run Coal after a bathhouse-floor citation at the No. 21 Mine. Top Kat and Bear Run were dismissed because service was not completed. Judge Gary Melick found that W-P was an operator as an owner and lessee, but that…
Arrow Crushed Stone, Inc.
Brake citation affirmed and other citations settled
Arrow Crushed Stone faced 15 alleged violations at its quarry. The judge approved a settlement for all but one citation, reducing the related penalties and removing significant-and-substantial designations from several citations. For the remaining citation, involving a front-end loader whose brakes…
S & H Mining, Incorporated
Violations split, S&S findings reduced, and settlements approved
S & H Mining faced three consolidated dockets involving coal dust accumulations, directional control, escapeway water, and related conditions at its mine. Judge Gary Melick approved settlements in two dockets, vacated two citations, affirmed two violations without S&S findings, and assessed the…
Spurlock Mining Company, Inc. and Sarah Ashley Mining Co., Inc.
Penalties upheld for out-of-business operators
Spurlock Mining Company and Sarah Ashley Mining Company were assessed penalties for 13 and 76 violations, respectively. Both operators were small companies that had stopped doing business, and the judge rejected their claim that the penalties would affect their ability to continue operating. Judge…
Chico Crushed Stone Partnership
Highwall scaling citation and withdrawal order vacated
Chico Crushed Stone was cited after an inspector observed loose material on an 80-to-100-foot highwall at the company's limestone plant. The Secretary alleged that the highwall had not been scaled and issued a related withdrawal order for failure to abate. Judge Gary Melick found that muck at the…
Gatliff Coal Company, Inc.
Settlement approved after penalty reassessment
The Commission remanded the captioned cases for reassessment of the civil penalty for Citation No. 3178705 after the original section 104(d) order was modified to a section 104(a) citation without unwarrantable-failure findings. Judge Gary Melick approved the parties' settlement, reducing the…
Black Mountain Coal Mining, Incorporated
Settlement amended to add $1,000 in attorney fees
Robert C. Teaney brought discrimination proceedings against Black Mountain Coal Mining, and the parties reached a settlement. Judge Gary Melick amended the settlement decision to add $1,000 in attorney fees for Teaney's counsel. The amended decision also noted payment of $3,600 in backpay and $400…
Peabody Coal Company
Coal-dust accumulation violation affirmed with $500 penalty
Peabody Coal admitted that coal dust and float coal dust had accumulated at multiple locations along a conveyor belt at its Martwick Underground Mine. The company conceded that the violation was significant and substantial but disputed whether it resulted from unwarrantable failure. Judge Gary…
IMC Fertilizer, Inc.
Discrimination complaint dismissed
Irene Toney alleged that IMC Fertilizer discharged her after she complained to management and MSHA about missing or unsanitary toilet facilities at the Kingsford Mine. Judge Gary Melick found that Toney engaged in protected activity, but concluded that IMC proved the discharge was not motivated by…
Black Mountain Coal Mining, Incorporated
Discrimination settlement approved
Robert C. Teaney alleged that Black Mountain Coal Mining transferred him after he reported an electrical hazard, causing lost compensation. Judge Gary Melick approved a settlement covering two discrimination proceedings. The company agreed to pay Teaney $3,600 in back pay and $400 in interest…
Andalex Resources, Inc.
Discrimination complaint dismissed
Denver Collins alleged that Andalex Resources discharged him for keeping notes about unsafe acts and making safety complaints. Judge Gary Melick found that Collins engaged in protected activity by reporting safety and health problems and maintaining a personal log, but found that the officials who…
Consolidation Coal Company
Control order affirmed after mine fire
Consolidation Coal contested a section 103(k) control order issued after a structural failure at the Robena Preparation Plant, where a coal surge bin collapsed and fires occurred. The company argued that no qualifying accident occurred and that the inspector was not present at the precise accident…
Raven Mining Company
Settlement approved at $500
Raven Mining agreed to resolve a civil penalty proceeding after a hearing. The Secretary proposed reducing the penalty from $1,000 to $500. The Judge reviewed the parties' representations, supporting documents, and the trial proceedings, found the settlement appropriate under the Mine Act's penalty…
Harman Mining Corp.
Motion to amend denied after mine abandonment
MSHA originally charged Harman Mining with violating 30 C.F.R. § 75.520 after finding bare pump-cable wires inserted into a receptacle. The Secretary later sought to amend the citation and order to charge 30 C.F.R. § 75.514 instead. Judge Gary Melick found that the mine had been permanently…
Consolidation Coal Company
Settlement approved with $3,500 penalty
Consolidation Coal and the Secretary reached a settlement in a civil penalty proceeding involving the Arkwright No. 1 Mine. The Secretary vacated one order and proposed reducing the penalty on the remaining two orders from $6,000 to $3,500. Judge Gary Melick found the settlement appropriate under…
Lucky Branch Coal Co., Inc.
Settlement approved and $850 assessed
Lucky Branch Coal Co. faced two civil penalty proceedings involving Mine No. 4. The parties proposed reducing the penalty from $1,145 to $850 and dismissing the cases after payment. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria, approved it, and ordered…
Consolidation Coal Company
Imminent-danger order partially affirmed and contest dismissed
Consolidation Coal challenged an imminent-danger withdrawal order issued after an inspector found hot and arcing trolley-wire hangers at the Dilworth Mine. The Judge found that the first condition, which involved an active fire near coal and wooden supports, was an imminent danger and affirmed that…
Drummond Company, Inc.
One order affirmed and one withdrawal order vacated
Drummond Company faced two consolidated civil penalty proceedings involving the Mary Lee No. 1 and No. 2 Mines. In the No. 2 Mine case, the judge found the cited ventilation conditions had been abated and vacated the Section 104(b) withdrawal order, while affirming the underlying citation and…
Jim Walter Resources, Inc.
Settlement approved with citations vacated and penalties reduced
Jim Walter Resources, Inc. faced civil penalty proceedings involving its No. 3, No. 4, No. 5, and No. 7 mines. The parties proposed a settlement that reduced the total penalties from $18,125 to $10,754, vacated six citations, and removed the Significant and Substantial designations from specified…
Wedron Silica Company
Settlement approved and S&S finding deleted
Wedron Silica Company faced a civil-penalty proceeding concerning a citation at its Wedron Silica Plant. The company agreed to pay the proposed $700 penalty, and the parties asked the judge to approve the settlement and dismiss the case. Judge Gary Melick found the settlement appropriate under the…
Pyro Mining Company
Agent penalty proceedings dismissed
The Secretary of Labor brought civil penalty proceedings against Paul Shirel and Donald D. Guess, alleging that they were agents of Pyro Mining Company and could be personally liable for mine-safety violations under Section 110(c) of the Mine Act. Judge Gary Melick found that Pyro Mining Company…
Pyro Mining Company
Settlement approved and penalty reduced to $1,200
Pyro Mining Company, with Costain Coal Incorporated identified as successor-in-interest, faced a civil penalty proceeding for Pyro No. 9 Slope. The parties proposed a settlement that reduced the penalty from $1,500 to $1,200. Judge Gary Melick found the settlement appropriate under the Mine Act…
Meador Energy, Incorporated
Settlement approved and penalty reduced to $1,908
Meador Energy, Incorporated faced a civil penalty proceeding involving Mine No. 1. The parties proposed a settlement reducing the penalty from $2,208 to $1,908. Judge Gary Melick found the settlement appropriate after considering the parties' submissions and MSHA Inspector Douglas Smith's…
Ronald Weaver, employed by Consolidation Coal Company
Individual penalty assessed for knowingly ordered electrical violation
Ronald Weaver was the mine superintendent at Consolidation Coal Company's Humphrey No. 7 Mine. The Judge found that Weaver knowingly authorized and ordered workers to bypass overcurrent protection on trolley wires so coal hauling could continue, violating 30 C.F.R. § 75.1001. The evidence showed…
Saturn Materials, Inc., Black Gold Coal Company, and Talbert Ball
Discrimination case dismissed after settlement withdrawal
Lonnie D. Mullins asked to withdraw his discrimination complaint against Saturn Materials, Black Gold Coal Company, and Talbert Ball under a settlement agreement resolving the disputed claims. Judge Gary Melick granted permission to withdraw the complaint under the Commission’s procedural rules and…
New Hope Company of Kentucky, Inc., L & R Contractors, Inc. and Reece Lemar
Discrimination case settled and dismissed
The Secretary of Labor and miner Earl Shackleford asked the judge to approve a settlement of a discrimination complaint and related civil-penalty petition. New Hope Company of Kentucky, L & R Contractors, and Reece Lemar agreed to pay Shackleford $20,000 in 40 weekly installments of $500, while…
C & H Mining Company, Inc.
Temporary reinstatement ordered for two miners
C & H Mining Company employed Wayne Kizziah and Roger Kizziah as truck drivers at its Alabama mine. After MSHA investigated a discrimination complaint, the company ended Sunday loading for truck drivers and reduced the brothers’ pay, while other drivers kept the prior compensation plan. The…
Texas Industries, Incorporated
Amended order corrected civil penalty deadline
This amended order replaced an earlier order in a civil-penalty proceeding involving Texas Industries’ Tin Top Sand and Gravel Plant. Judge Gary Melick stated that the amendment corrected a clerical error and ordered Texas Industries to pay a $556 civil penalty within 30 days of the amended order…
Wayne Kizziah and Roger Kizziah v. C & H Mining Company, Inc.
Settled discrimination complaint dismissed
Wayne Kizziah and Roger Kizziah asked to withdraw their discrimination complaint against C & H Mining Company after the parties reached a settlement. The miners approved the settlement, and the decision states that full payment had been made. Judge Gary Melick granted permission to withdraw under…
Mathies Coal Company
Settlement approved and proceeding dismissed
This compensation proceeding involved Mathies Coal Company and members of United Mine Workers of America Local Union 2244. The complainants asked to withdraw their complaint after receiving compensation under a settlement agreement. Judge Gary Melick approved the withdrawal under 29 C.F.R. §…
Peabody Coal Company
Ventilation-plan citation modified and $700 penalty assessed
Peabody Coal Company was cited after mining operations destroyed a methane-monitoring borehole that was not properly identified on the mine map. Judge Gary Melick found the violation significant and substantial and serious, but found that the evidence showed ordinary negligence rather than…
Texas Industries, Incorporated
Six violations affirmed and $456 penalty assessed
Texas Industries, Incorporated operated the Tin Top Sand and Gravel Plant. Judge Gary Melick found six violations involving an inadequately grounded electrical circuit and unguarded rotating machine parts. The judge found the violations significant and substantial and serious, and found negligence…
VP-5 Mining Company
Methane citations and imminent-danger orders affirmed
VP-5 Mining Company operated a shaft coal mine in southwestern Virginia with a large mined-out area known as the East Gob. During inspections, MSHA found methane concentrations above the mine's ventilation-plan limits in several bleeder connectors, including readings from 4.0 to 5.2 percent. Judge…
Island Creek Coal Company
Compensation proceeding dismissed after settlement
Roy Farmer, on behalf of other miners, asked to withdraw a compensation complaint against Island Creek Coal Company based on a settlement of the underlying dispute. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. He dismissed the case.
Tunnelton Mining Company
Withdrawal granted and case dismissed
Elmer Speelman asked to withdraw a discrimination proceeding against Tunnelton Mining Company. Judge Gary Melick granted the request under Commission Rule 11, 29 C.F.R. § 2700.11, and dismissed the case. The short order does not decide the underlying discrimination allegations or assign a penalty.
Ayers Limestone Quarry
Discrimination complaint dismissed after settlement withdrawal
Homer D. Bennett brought a discrimination proceeding against Ayers Limestone Quarry. At the hearing, Bennett requested approval to withdraw the complaint based on a settlement. Judge Gary Melick dismissed the proceeding. The short scanned release has several unreadable passages, so the summary is…
Helen Mining Company
Settlement approved and penalty reduced to $600
Helen Mining Company faced a civil penalty proceeding involving the Homer City Mine. At the hearing, the parties proposed resolving the case by reducing the penalty from $1,300 to $600 and dismissing the case after payment. Judge Gary Melick found the settlement appropriate under the Mine Act's…
Peabody Coal Company
Respiratory-dust citation affirmed and $100 penalty assessed
MSHA cited Peabody Coal after five respirable-dust samples averaged 2.1 milligrams per cubic meter, above the 2.0 mg/m3 regulatory limit. Peabody argued that the 86 percent confidence level associated with the sampling results was too low to prove a violation. Judge Gary Melick found that credible…
Yerington Leasing Company
Settlement approved and three citations vacated
Yerington Leasing Company faced a civil penalty proceeding concerning conditions at its aggregate pit. The Secretary moved to vacate three citations for insufficient evidence, and Yerington agreed to pay the proposed penalty for the remaining citations. Judge Gary Melick approved the settlement and…
Consolidation Coal Company
Carbon-monoxide citation vacated
Consolidation Coal had a point-type fire detection system that met the cited standard at its Dilworth Mine. The Secretary argued that a separate petition for modification required the mine to use a carbon-monoxide alarm system connected to a continuously monitored surface location. Judge Gary…
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.