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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H.D. Enterprises, Ltd.
Imminent-danger withdrawal order vacated
H.D. Enterprises challenged an imminent-danger withdrawal order issued while its crane was working near power lines at the Birchfield No. 1 Mine. The judge found that the lowest line was a low-voltage ground wire, the boom was at least 17 feet from the high-voltage lines, and electrical arcing…
Emerald Mines Corporation
Citation contest denied after remand
Emerald Mines Corporation contested a citation alleging that power to a continuous miner was not immediately de-energized when methane was detected and that ventilation changes were made before the machine was de-energized. After the Commission remanded the case, the parties stipulated that the…
U.S. Steel Mining Co., Inc.
Compensation proceeding dismissed after settlement withdrawal
Local Union 1248 of the United Mine Workers of America asked to withdraw its compensation complaint against U.S. Steel Mining Co., Inc., based on a settlement. The proceeding concerned the Maple Creek Mine. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and…
Westmoreland Coal Company
Stay lifted and contest dismissed after withdrawal
Westmoreland Coal Company asked to withdraw its contest of a mine-safety order based on an agreement with the Secretary of Labor. The United Mine Workers of America, the intervenor, did not object. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11, lifted the existing stay…
Monterey Coal Company
Clerical corrections issued to amended discrimination decision
Judge Gary Melick issued this order in Paula L. Price's discrimination proceeding against Monterey Coal Company. The order states that the attached amended decision was reissued under Commission Rule 65(c), 29 C.F.R. § 2700.65(c), to correct clerical mistakes in the decision issued on September 3…
Monterey Coal Company
Discrimination complaint dismissed for lack of jurisdiction
Paula L. Price complained that Monterey Coal Company discriminated against her after suspending her for refusing to wear metatarsal safety boots that she said did not fit, caused foot injuries, and created a safety hazard. The Secretary told Price that her complaint had been satisfied and that no…
Beckley Coal Mining Company
Safeguard contest dismissed for lack of Commission jurisdiction
The Secretary issued Beckley Coal Mining Company a safeguard notice under section 314(b) of the Mine Act, and Beckley attempted to contest it under the Commission's procedural rule for contests. The Secretary moved to dismiss, arguing that the Commission's contest jurisdiction covers orders…
Greenwich Collieries
Roof citation modified and two settled orders affirmed
Greenwich Collieries and Rochester & Pittsburgh Coal Company challenged three withdrawal orders and a related civil penalty proceeding at the Greenwich No. 1 Mine. Judge Gary Melick approved settlements for two orders, affirming them with reduced civil penalties of $700 and $500 and dismissing the…
GEX Hardy, Inc.
Discrimination complaint withdrawn and dismissed
William C. Fankhauser asked to withdraw his discrimination complaint against GEX Hardy, Inc. after consulting an attorney and stating that there had been no incidents involving safety or health violations. Judge Gary Melick granted permission to withdraw the complaint, dismissed the case, and…
Clinchfield Coal Company
One-week miner compensation awarded on remand
Following an underground explosion at the McClure No. 1 Mine, MSHA issued an imminent-danger withdrawal order and later cited underlying mandatory-standard violations. On remand, Judge Gary Melick held that the parties' stipulation established the required connection between the withdrawal order…
Green River Coal Company, Inc.
Settlement approved with a $500 penalty
Green River Coal Company operated the Green River No. 9 mine. The Secretary of Labor and the company proposed modifying the order at issue to a citation under section 104(a) of the Mine Act and settling the civil penalty for $500. Judge Gary Melick found the settlement appropriate under the…
High Power Energy
Blast-site citation affirmed with a $1 penalty
High Power Energy was cited after two blasters re-entered a charged blast area as an electrical storm approached at the Twenty Mile Surface Mine. An unplanned detonation killed both employees. Judge Gary Melick found that the mine violated 30 C.F.R. § 77.1303(uu), which requires charging to stop…
Mettiki Coal Corporation
Orders vacated
Mettiki Coal contested three withdrawal orders and the related civil penalty proceeding at its coal mine. One order alleged that dislodged legs under roof crossbars had not been promptly replaced, but Judge Gary Melick found the legs were temporary supports and not permanent roof supports under the…
Youghiogheny & Ohio Coal Company
Consolidated roof, ventilation, and canopy matters resolved
Youghiogheny & Ohio Coal Company faced several consolidated contests and civil penalty proceedings at the Nelms No. 2 Mine. Judge Gary Melick modified some enforcement orders, approved a $500 settlement for one order, and found that another canopy violation was not significant and substantial but…
Wilmon Moore D/B/A Big Blue Trucking
Settlement approved at $150
Wilmon Moore, doing business as Big Blue Trucking, faced a civil penalty proceeding before the Commission. The parties proposed reducing the assessment from $450 to $150 and dismissing the case after payment. Judge Gary Melick reviewed the representations and supporting documentation, approved the…
Triple Elkhorn Mining Company
Settlements approved at $1,500
Triple Elkhorn Mining Company faced civil penalty proceedings in two dockets at its No. 2 Surface Mine. The parties proposed reducing the combined penalties from $1,866 to $1,500 and dismissing the cases after payment. Judge Gary Melick reviewed the parties' representations and documentation…
Chaney Creek Coal Corporation
Reinstatement and discrimination relief ordered
Judge Gary Melick had previously found that Chaney Creek Coal Corporation discriminated against Ronald Tolbert in violation of section 105(c)(1) of the Mine Act. This supplemental order required the company to offer Tolbert employment and to pay $14,452.85 in back pay and interest through April 8…
Consolidation Coal Company
Ventilation violation affirmed with $700 penalty
MSHA cited Consolidation Coal Company after smoke released near a power center moved toward a track entry instead of directly into the return. The judge found that the company violated 30 C.F.R. § 75.1105, which requires air currents ventilating electrical installations to be coursed directly into…
Alvin Ritchie v. Kodak Mining Company, Inc.
Discrimination complaint dismissed
Kodak Mining laid off Alvin Ritchie from his preparation plant operator position and offered him a lower-paying night-watchman job. Ritchie alleged that the action was retaliation for reporting coal dust, broken walkway boards, and other safety concerns, and for an injury from a company pickup…
Crockett Coal Company, Inc.
Default liability confirmed and damages ordered
Crockett Coal was held in default on liability in Gary K. Ratcliff's discrimination proceeding. Ratcliff submitted a statement of costs and damages, and Crockett did not contest it. Judge Gary Melick ordered Crockett to pay $10,043 plus interest within 30 days, subject to the amounts authorized…
Ronald Tolbert v. Chaney Creek Coal Corp.
Discrimination violation found and employment ordered
Ronald Tolbert alleged that Chaney Creek Coal Corporation refused to hire him because he testified for another miner in a Mine Act discrimination case. Judge Gary Melick found Tolbert's account credible and concluded that Chaney Creek refused to hire him because of that protected testimony…
Consolidation Coal Company
Withdrawal order vacated and penalty proceeding dismissed
Consolidation Coal contested a withdrawal order and a related civil penalty proceeding concerning weekly examinations of abandoned areas at the Osage No. 3 mine. The Secretary alleged that the operator violated 30 C.F.R. § 75.305 by failing to have a certified person examine the areas. Judge Gary…
Jim Walter Resources, Inc.
Methane citation dismissed and contest granted
Jim Walter Resources contested a citation alleging that methane levels in the mine's return aircourses exceeded the limit in 30 C.F.R. § 75.309(a). Judge Gary Melick found that the Secretary issued the citation immediately after discovering the methane and did not show that the operator had been…
S & M Coal Co., Inc., Jewell Smokeless Coal Corporation, Prestige Coal Company, Inc., Tolbert P. Mullins, and Shirley A. Mullins
S & M Coal Co., Inc., et al. (FMSHRC VA 86-34-D): Discrimination finding after refusal to bridge electrical safeguards
Bobby Keene, an electrician, refused repeated requests to bypass electrical safety features by “bridging” equipment at S&M Coal. After Keene refused to bridge a miner cable and left the mine, the judge found that he had a good-faith and reasonable belief that the practice could cause electrical…
Tri-Son Mining, Inc.
Discrimination complaint dismissed after settlement
The case was a discrimination proceeding involving Tri-Son Mining, Inc. The complainant asked to withdraw the complaint after the parties reached a mutually agreeable settlement. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case.
Elk Creek Coal Corporation
Nine violations affirmed, one citation dismissed, and $1,850 assessed
MSHA charged Elk Creek Coal Corporation with ten violations involving highwall hazards, roof control, emergency communications, methane monitoring, and miner training at the No. 1 Mine. Judge Gary Melick found nine violations proven, including several significant and substantial violations, but…
Benjamin Coal Company
Miners’ representative notice violation upheld
Benjamin Coal failed to post information identifying the United Mine Workers of America as a representative designated by four miners at its preparation plant. The company argued that the union had not won majority support in an NLRA election and that its representatives were not Benjamin…
Gilbert Industrial
Discrimination complaint dismissed after settlement
Dan L. Thompson asked to withdraw his discrimination complaint against Gilbert Industrial after the parties reached a settlement. Judge Gary Melick granted permission to withdraw the complaint and dismissed the case. The specific settlement terms were sealed and could be reviewed only by order of…
U.S. Steel Mining Company, Inc.
Defective belt roller citation affirmed
U.S. Steel Mining was cited after a belt tail roller at its Cumberland Mine operated with damaged bearings that ran hot, smoked, and required repeated cooling and greasing. Judge Gary Melick found that the roller was not maintained in safe operating condition and that the condition was significant…
U.S. Steel Mining Company, Inc.
Settlement approved with a $20 penalty
U.S. Steel Mining Company faced a civil penalty proceeding involving its Seneca Mine. The Secretary of Labor and the company submitted a settlement agreement, and the company agreed to pay a $20 penalty in full. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty…
Eastern Associated Coal Corporation
Discrimination complaint withdrawn and dismissed
The Secretary, with the individual complainant's consent, asked to withdraw a Mine Act discrimination complaint against Eastern Associated Coal Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Consolidation Coal Company
Civil penalty settlement approved
Consolidation Coal Company was involved in a Mine Act civil penalty proceeding concerning the Osage No. 3 operation. The Secretary asked the judge to approve a settlement that reduced the proposed penalty from $1,055 to $355. Judge Gary Melick found the settlement appropriate under the Act's…
Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan
Terco, Inc. and others (FMSHRC KENT 86-131-D): Settlement-based dismissal approved
The Secretary of Labor brought discrimination proceedings involving Robert B. Corbin and James Corbin against Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan. With the individual complainants' consent, the Secretary asked to withdraw both complaints because the parties had reached a…
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.