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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Consolidation Coal Company
Settlement approved with reduced penalty
Consolidation Coal Company was involved in a civil penalty proceeding concerning the Humphrey No. 7 Mine. The parties proposed a settlement reducing the penalty from $1,295 to $1,191. Judge Gary Melick found the settlement appropriate under the Mine Act criteria and approved it. The company was…
Consolidation Coal Company
Citation vacated and settlement approved
Consolidation Coal Company was involved in a civil penalty proceeding concerning the Humphrey No. 7 Mine. The judge vacated Citation No. 3316065 for insufficient evidence and considered a settlement agreement for the remaining citations. The proposed settlement reduced the penalty from $2,638 to…
Peabody Coal Company
Ventilation citation upheld and settlement approved
Peabody Coal Company was cited at the Martwick Underground Mine after an inspection found only 6,750 cubic feet per minute of air at the last open crosscut, below the 9,000 CFM minimum in 30 C.F.R. § 75.301. Judge Gary Melick rejected the company's arguments that the inspector measured at the wrong…
Shell Energy Company, Inc.
Serious roof-control citation upheld
Shell Energy admitted that a continuous miner operator advanced 10 feet beyond permanent roof supports in violation of the mine's approved roof-control plan and 30 C.F.R. § 75.200. The company also admitted that the violation was significant and substantial and resulted from unwarrantable failure…
Charles E. Carpenter, Employed by Island Creek Coal Company
Settlement approved and $350 penalty assessed
Charles E. Carpenter, employed by Island Creek Coal Company, was the respondent in a Mine Act civil penalty proceeding involving the Dobbin Mine. The Secretary of Labor had withdrawn the charges under Order No. 3111274 and sought to resolve the remaining charges under Order No. 3111276 through a…
Shrewsbury Coal Company
Conveyor citation affirmed as significant and substantial, $400 penalty assessed
Shrewsbury Coal Company was cited after a conveyor was operated without a positive audible or visible warning system, even though the entire conveyor was not visible from the starting switch. The judge found that miners were shoveling coal near unguarded rollers while the belt was not locked out…
Consolidation Coal Company
High-risk injury program found discriminatory
Union safety committeemen Larry E. Swift, Mark Snyder, and Randy Cunningham challenged Consolidation Coal Company's Dilworth Mine Program for High Risk Employees. The program increased counseling, retraining, suspension, and discharge based on reported work-related injuries, including some injuries…
Consolidation Coal Company
Discrimination complaint withdrawn and dismissed
Larry E. Swift asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case.
Thomas Cates, Employed by Green River Coal Company, Incorporated
Consolidated penalty cases dismissed
The Secretary of Labor brought civil penalty proceedings against Thomas Cates and Stephen Whitledge, agents of Green River Coal Company, under section 110(c) of the Mine Act. The cases alleged that they knowingly authorized, ordered, or carried out a mine operator's electrical-safety violation…
Peabody Coal Company
Fire-suppression citation vacated
Peabody Coal Company was cited after the tail valve for a remotely controlled continuous miner's water fire-suppression system became inoperable. The parties agreed that the system was required to operate when the miner made extended cuts under remote control, but the miner had not made an extended…
New Mexico Potash Corporation
Discrimination complaint withdrawn and case dismissed
Henry Galvan asked to withdraw his discrimination complaint against New Mexico Potash Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case. The order also cancelled hearings that had been scheduled to begin on January 21, 1992.
Joshua Industries, Incorporated
Back pay ordered after default
Nicholas Ramirez brought a discrimination proceeding against Joshua Industries, Incorporated. The respondent had previously been held in default. Judge Gary Melick directed Joshua Industries to pay Ramirez $3,123.62 in back pay plus interest within 30 days, unless it had already done so. The order…
IMC Fertilizer, Inc.
Discrimination complaint dismissed after work refusal
John Van Allen, an electrician at IMC Fertilizer's Noralyn Mine and Mill, refused to install a NEMA Type 1 junction box in an area he believed was wet and unsafe. He was suspended for 35 hours, and the Secretary of Labor brought a Mine Act discrimination complaint on his behalf. Judge Gary Melick…
Peabody Coal Company
Settlement approved with penalty reduced to $600
Peabody Coal Company was cited in a civil penalty proceeding involving Mine No. 10. The Secretary of Labor asked the judge to approve a settlement under Sections 105(d) and 110(i) of the Federal Mine Safety and Health Act. Judge Gary Melick found the proposed settlement appropriate after…
South EAST Coal Company, Inc.
Settlement approved with reduced penalty and damages
South East Coal Company was the respondent in a discrimination proceeding brought by the Secretary of Labor on behalf of Charles Scott Howard II. The Secretary moved to approve a settlement and dismiss the case. Judge Gary Melick approved the settlement, which reduced the proposed civil penalty…
Consolidation Coal Company
Citation withdrawn and vacated
The Secretary of Labor asked to withdraw the petition in a civil penalty proceeding against Consolidation Coal Company after further analysis indicated that the cited standard had not been violated. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11. The…
Keith Sturgill v. South East Coal Company
Discrimination complaint dismissed after withdrawal
Keith Sturgill asked to withdraw his discrimination complaint against South East Coal Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
James N. Boyd v. Trojan Mining Company
Discrimination complaint dismissed after withdrawal
James N. Boyd asked to withdraw his discrimination complaint against Trojan Mining Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.1. The case was dismissed, and the hearings scheduled for November 8, 1991, were cancelled.
Kocher Coal Company
Amended settlement approved for $685.50
Kocher Coal Company faced three civil penalty proceedings. The ALJ had previously denied the parties' initial settlement motions, but the parties later filed amended motions with supporting evidence. Judge Gary Melick approved a $20 penalty for an allegation that the company failed to notify the…
Gatliff Coal Company, Inc.
Emergency communication order modified and penalty assessed
Gatliff Coal operated a surface strip coal mine in Kentucky. After a fatal truck accident, workers had to travel to a public telephone because no company radio was available at the job site. The judge found a violation of the emergency-communication standard, but concluded that it was not…
Island Creek Coal Company
Late compensation complaint allowed to proceed
Roy Farmer and other miners sought compensation after an imminent-danger order at Island Creek Coal Company's VP-3 Mine. Their complaint was filed more than six months after the order, beyond the 90-day period in Commission Rule 35. On remand, Judge Gary Melick found good cause for the late…
Yerington Construction Company
Dozer citations affirmed
Yerington Construction operated a portable crushing plant and used a Case 450 dozer on a stockpile. The foreman did not perform the required pre-shift inspection, and the dozer was kept in service even though its service brakes did not work on one side. The judge found that the company was…
Consolidation Coal Company
Penalty petition dismissed
The Secretary of Labor asked to withdraw the civil penalty petition against Consolidation Coal Company because the evidence was insufficient to establish a violation. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11 and dismissed the case. No civil penalty was…
Beth Energy Mines, Incorporated
Rib citations affirmed
Beth Energy operated the Cambria Slope Mine No. 33. MSHA cited the mine after inspectors found loose, unsupported ribs along a conveyor and track entry and determined that the area had not been adequately examined before the shift. Judge Gary Melick found that the conditions posed a serious fall…
Peabody Coal Company
Ventilation-plan citations affirmed
Peabody Coal challenged two citations alleging that its Martwick and Camp No. 2 mines were operating without approved ventilation plans. The dispute concerned requirements for extending line brattice and maintaining at least 3,000 cubic feet per minute of air during roof bolting in deep cuts. Judge…
Ronald Tolbert
And related complainants (FMSHRC KENT 86-123-D and related dockets): Settlement dismissal
Ronald Tolbert, Odell Maggard, and the Secretary of Labor were complainants in related discrimination proceedings against Chaney Creek Coal Corporation and Dollar Branch Coal Corporation. The complainants requested permission to withdraw their complaints under a mutually agreeable settlement. Judge…
Texas Utilities Mining Company
Settlement approved and penalties resolved
Texas Utilities Mining Company faced civil penalty proceedings concerning the Martin Lake Strip. The Secretary moved to approve a settlement and dismiss the cases, explaining that MSHA could not locate the inspector's notes for six citations and that the inspector lacked sufficient independent…
Consolidation Coal Company
Settlement approved and penalty reduced
Consolidation Coal Company faced a civil penalty proceeding concerning the Humphrey No. 7 Mine. The Secretary vacated one citation for insufficient evidence and proposed reducing the remaining penalty from $212 to $135. Judge Gary Melick approved the settlement and ordered payment of the $135…
R B Coal Company, Incorporated
Settlement approved and penalty reduced
R B Coal Company faced a civil penalty proceeding concerning Mine No. 3. The Secretary proposed reducing the penalty from $300 to $100 as part of a settlement, and the company agreed to send future dust samples by certified mail. Judge Gary Melick approved the settlement and ordered payment of the…
Consolidation Coal Company
Automatic-coupler citation affirmed with $300 penalty
Consolidation Coal Company was cited at the Loveridge No. 22 Mine after damaged and inoperative cutoff levers on two supply cars created a risk that miners would go between cars to uncouple them. The company did not dispute the violation but argued that it was not significant and substantial and…
Peabody Coal Company
Withdrawal order modified and citation affirmed
Peabody Coal Company was cited after miners performed electrical work on an energized continuous miner at its Mine No. 10. The operator disputed whether the violation was significant and substantial and whether it involved high negligence, pointing to evidence that the machine had earlier been…
Peabody Coal Company
Three walkaround-pay citations affirmed
Peabody Coal Company challenged three citations issued after it paid only one miners' representative for each of two separate MSHA inspection dates at its Martwick Underground Mine. The inspection teams had separate assignments, and the unpaid representatives accompanied individual inspectors…
Consolidation Coal Company
Settlement approved with reduced penalty
Consolidation Coal asked the judge to approve a settlement in two civil penalty proceedings involving citations at the Loveridge No. 22 and Robinson Run No. 95 mines. The settlement removed the significant-and-substantial findings from two citations and reduced the proposed penalties from $1,722 to…
Consolidation Coal Company
Discrimination proceeding dismissed on request
The complainants, represented by District No. 4 of the United Mine Workers of America, asked to withdraw their discrimination complaints on behalf of three miners. Judge Gary Melick approved the withdrawal request, lifted the previously issued stay, and dismissed the proceeding. The order cited 29…
Don Fraze, Employed by Liter's Quarry of Indiana, Incorporated
Individual penalties assessed for crusher access hazard
The case concerned two agents of Liter's Quarry who knowingly allowed miners to work near an unguarded opening at a jaw crusher. The missing floorboards and guardrails left a roughly 12-foot drop beside a narrow passageway, and miners had been observed passing close to the opening. Judge Gary…
Peabody Coal Company
Settlement approved and penalty reduced
MSHA brought two civil penalty proceedings against Peabody Coal Company involving the Martwick Underground and Camp No. 2 Mines. The parties proposed a settlement that removed the significant-and-substantial finding from Citation No. 3416556 and reduced the penalty from $545 to $378. Judge Gary…
International Salt Company
Discrimination complaint dismissed
Kathleen Tarmann alleged that International Salt suspended her because she raised health and safety concerns about a supervisor and unsanitary restroom conditions at the Cleveland Mine. Judge Gary Melick found that the suspension resulted from her refusal to clean the restroom and her departure…
Old Energy Incorporated
$2,600 civil penalty imposed after default
MSHA sought civil penalties against Old Energy Incorporated in a proceeding involving the Old Energy No. 1 mine. No authorized company representative appeared for the scheduled hearing, and the judge found the operator in default. A company custodian produced financial records but said she was not…
Windsor Coal Company
One order affirmed and one modified
MSHA cited Windsor Coal for unsafe roof conditions in a primary escapeway and for inadequate ventilation at a battery-charging station. Judge Gary Melick found the escapeway violation under 30 C.F.R. § 75.1704 significant and substantial and caused by unwarrantable failure, because warning tags and…
Chaney Creek Coal Corporation
Additional fees granted on remand
These consolidated discrimination proceedings returned to the ALJ after a Commission remand. Odell Maggard sought $56,957.55 in additional attorney fees and expenses for appellate work and $4,246.84 in recalculated interest. Judge Gary Melick granted the unopposed petitions, but stated that the…
S.L. Peters Construction, Co.
Proposed settlement denied
S.L. Peters Construction faced a proposed settlement concerning an alleged violation involving welding on an inflated tire and rim assembly. Judge Gary Melick found that the settlement motion and supporting documents did not establish that a violation of 30 C.F.R. § 56.14104 occurred. The…
Hinkle Contracting Corp.
Findings upheld on remand
Hinkle Contracting challenged findings involving an unguarded conveyor belt, an inoperable kill switch, and an incompletely corrected highwall condition. Judge Gary Melick rejected the company's arguments that the belt's height, its injury history, worker awareness, or work practices made the…
Brown Brothers Sand Company
Seat-belt citation affirmed
MSHA cited Brown Brothers after an employee operated a front-end loader without wearing a seat belt at the Junction City Mine. Judge Gary Melick found that the operator continued the conduct after the company president was notified, which established negligence. He affirmed the citation and ordered…
United Mine Workers of America on behalf of Steven R. Maple, Thomas D. Hewlett, and Dale King v. Peabody Coal Company
United Mine Workers on behalf of Maple, Hewlett, and King v. Peabody Coal Company (FMSHRC LAKE 86-15-D and related dockets): Complaints dismissed after withdrawal
The United Mine Workers of America asked to withdraw its discrimination complaints filed on behalf of Steven R. Maple, Thomas D. Hewlett, and Dale King against Peabody Coal Company. Judge Gary Melick granted the request and dismissed all three proceedings.
Shamrock Coal Company
Roof citation vacated, settlement approved
Shamrock faced six citations, including one involving a fatal roof-fall accident and five citations resolved through a settlement. Judge Gary Melick approved the settlement for the five citations and found that the remaining Citation No. 3030499 was facially deficient because it did not allege that…
C. W. Mining Company
Five unwarrantable-failure violations affirmed
C. W. Mining Company was cited for failures involving weekly electrical examinations, permissibility of electrical equipment, coal accumulations, preshift examinations, and coal dust on equipment at the Bear Canyon No. 1 Mine. Judge Gary Melick found all five violations proven and concluded that…
Secretary of Labor on behalf of Leonard E. Edwards v. Rochester & Pittsburgh Coal Company
Discrimination complaint dismissed
Leonard E. Edwards filed a discrimination complaint against Rochester & Pittsburgh Coal Company, with the Secretary of Labor appearing on his behalf. Edwards consented to withdrawal of the complaint, and the Secretary requested permission to withdraw it. Judge Gary Melick approved the withdrawal…
Hinkle Contracting Corp.
Conveyor and highwall violations affirmed
Hinkle Contracting operated the Strunk Crushed Stone site and was cited after inspectors found an inoperable emergency stop device on a 450-foot conveyor and loose, unstable material along a highwall beside a haul road. Judge Gary Melick rejected Hinkle's claimed 42-inch exception to the conveyor…
Ampak Mining, Inc.
Damages and attorney fees awarded
The judge had previously found that Ampak Mining discriminated against David Thomas and George Issacs in violation of section 105(c)(1) of the Mine Act. The parties stipulated that Thomas was owed $6,250 in backpay and Issacs was owed $6,080, plus interest calculated under the Commission's formula…
Beth Energy Mines, Inc.
Roof-control order modified and penalties assessed
Beth Energy and three of its agents were involved in a case about unsaddled roof beams in a haulage area at the Eighty Four Complex. The judge found that the beams violated the mine's roof control plan and that the area remained hazardous when a foreman authorized miners to enter and remove rail…
VP-5 Mining Company
Reporting violations resolved with $230 in penalties
MSHA alleged that VP-5 Mining failed to report ten occupational injuries and related violations. The Secretary moved to vacate five citations, and the judge granted those requests. Four other citations were resolved through a settlement requiring $80 in penalties. The judge found that VP-5 failed…
Texas Industries Inc.
Defective scooter citations affirmed
Texas Industries operated a limestone mine and cement production facility. MSHA found that an electric scooter used around vehicle and pedestrian traffic had an inoperable service brake and a speed selector that would not return to neutral. Judge Gary Melick found both violations significant and…
Brush Creek Coal Inc.
Default entered and $90 penalty ordered
Brush Creek Coal did not appear through a representative at a scheduled January 17, 1990 hearing in Johnson City, Tennessee. Judge Gary Melick issued an order to show cause giving the company until February 1 to explain its absence, but the company filed no response. The judge therefore found Brush…
Shannopin Mining Company
Discrimination case dismissed after settlement
Bernard J. Garnek asked to withdraw his discrimination complaint against Shannopin Mining Company after the parties reached a mutually agreeable settlement. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed, and the hearings scheduled…
Freeman Coal Mining Company
Discrimination complaint dismissed
Allen Ellsworth, a miner and rock duster, alleged that Freeman Coal discharged him after he refused to shovel coal alone on one side of a belt because he believed the work was unsafe. The judge found that Ellsworth’s refusal was neither made in good faith nor reasonable. The judge relied on his…
Pyramid Mining, Inc.
Gerald Smith v. Pyramid Mining, Inc. (FMSHRC KENT 89-218-D): Discrimination complaint dismissed
Gerald Smith alleged that Pyramid Mining discharged him because he reported safety problems involving his loader and working conditions. Pyramid maintained that it discharged Smith for threatening management and coworkers. Judge Gary Melick found that Smith had engaged in protected activity but had…
Amherst Coal Company
Denny Roger Thompson v. Amherst Coal Company (FMSHRC WEVA 86-196-D): Discrimination proceeding dismissed
Denny Roger Thompson's discrimination proceeding against Amherst Coal Company had been stayed while related West Virginia court proceedings continued. After Thompson failed to file the quarterly status reports required by the stay orders, the Judge issued orders to show cause and sent the later…
Texas Utilities Mining, Co.
Citation modified and penalty reduced
Texas Utilities Mining, Co. was cited after an inspector found clutter, hoses, metal, rope, and a container on a dragline walkway, along with a rope across an access ladder. The operator admitted the violation and its significant and substantial designation but disputed the finding of unwarrantable…
B & M Sand & Gravel Company
Settlement approved and penalty reduced
B & M Sand & Gravel Company was involved in a civil penalty proceeding concerning its Ennis Plant. The Secretary moved to approve a settlement, vacate Citation No. 3281506, and reduce the penalty for the remaining citations from $1,075 to $806.25. Judge Gary Melick found the settlement appropriate…
Ampak Mining, Inc., Johnson Coal Company, Inc., Southern Hills Mining Co., Inc.
Ampak Mining, Johnson Coal, and Southern Hills (FMSHRC KENT 89-14-D and KENT 89-13-D): Discrimination claims upheld in part and dismissed in part
David Thomas and George Isaacs alleged that Ampak Mining retaliated against them after they refused unsafe work, raised safety concerns, or participated in related proceedings. Judge Gary Melick found that Ampak discriminated against both miners, including through demotions and layoffs, and that…
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.