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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Martin Marietta Aggregates
Gas-cylinder citations affirmed with $100 in penalties
Martin Marietta Aggregates operated the Belgrade and New Bern quarries in North Carolina. MSHA cited the company after oxygen and acetylene cylinders were found without valve covers, and the company argued that the cylinders were in use rather than stored. Judge James A. Broderick found that both…
Rushton Mining Company
Noise citation based on MSHA survey affirmed
Rushton Mining Company contested a citation issued after an MSHA noise survey found that a roof bolter operator was exposed to noise above the limit in 30 C.F.R. § 70.501. Judge James A. Broderick held that the Secretary could issue the citation based on an MSHA-conducted noise survey, even though…
Consolidation Coal Company
Two orders modified and one affirmed
The Secretary alleged three significant and substantial violations at Consolidation Coal Company's Osage No. 3 Mine, including two allegations of unwarrantable failure. Judge James A. Broderick modified the belt-guard and continuous-miner orders by removing the significant-and-substantial and…
Gateway Coal Company
Roof-control order affirmed with $1,000 penalty
MSHA issued Gateway Coal Company a withdrawal order after finding that the operator had not installed supplemental roof supports required by its approved roof control plan. The intersection exceeded the plan's 60-foot diagonal limit, a clay seam was present, the roof was drummy, and the mine had…
Dingess Mine Service, Winchester Coals, Inc., Mullins Coal Company, Joe Dingess and Johnny Dingess
Attorney fees awarded on remand
The Commission had reversed part of an earlier ruling involving Wilfred Bryant's discrimination case and remanded the matter for a new attorney-fee calculation. Judge James A. Broderick approved hourly rates and reduced the requested fees by 15 percent to reflect limited success, including the…
Westwood Energy Properties
MSHA jurisdiction and contested violations affirmed
Westwood Energy Properties operated a culm bank and processed refuse from a former anthracite coal mine into fuel for electrical power generation. The judge held that the facility was a mine and that its work preparing coal brought it within MSHA jurisdiction, even though Westwood did not extract…
Cannelton Industries, Inc.
Discrimination settlement approved
Raymond Long brought a Mine Act discrimination proceeding against Cannelton Industries after a workplace incident and a written warning. The settlement required the company to send Long a letter, post it at the mine for 30 days, expunge the warning, avoid using the incident in future disciplinary…
U.S. Steel Mining Co., Inc.
One sequence-switch citation vacated, one affirmed
U.S. Steel Mining was cited after inspectors found that two underground conveyor-belt sequence switches did not stop inby belts when the outby belts stopped. Judge James A. Broderick found that the test conclusively showed one switch was inoperable, while the evidence about the other switch was…
Clinchfield Coal Company
Discrimination settlement approved and proceeding dismissed
The Secretary filed a discrimination complaint on behalf of Dennis Wagner, alleging that Clinchfield Coal Company suspended and discharged him after he reported a safety violation to a federal inspector. The settlement required Clinchfield to pay Wagner interest on lost wages, comply with the Mine…
The Helen Mining Company
Withdrawal order vacated
The Helen Mining Company contested a withdrawal order issued after an inspector found a nonpermissible pump switchbox at the Homer City Mine. The key question was whether the switchbox was in return air, where 30 C.F.R. § 75.507-1(a) required the equipment to be permissible, or in intake air. Judge…
Consolidation Coal Company
Roof-control order affirmed with $1,000 penalty
Consolidation Coal Company operated the Shoemaker Mine in West Virginia. Judge James A. Broderick found 18 areas of unsupported or inadequately supported roof along the 5 North intake escapeway, including three areas where the roof was totally unsupported. He held that the condition violated 30…
Jim Walter Resources, Inc.
Drug-testing discrimination found, remedies reserved
Jim Walter Resources operated underground coal mines in Alabama and required safety committee members to undergo random drug testing. Judge James A. Broderick found that the company's program was facially discriminatory because it singled out elected safety committee members and that Michael L…
Robert Trujillo (Kaiser Coal Company)
Discrimination proceeding dismissed
Nickie D. Ortega filed a discrimination proceeding against Robert Trujillo of Kaiser Coal Company. Ortega later notified the Commission that he no longer wished to proceed with the case. Acting Chief Administrative Law Judge James A. Broderick dismissed the proceeding.
FMC Wyoming Corporation
Discrimination proceeding dismissed
Mary M. Ball asked to dismiss her discrimination proceeding against FMC Wyoming Corporation, the Secretary of Labor, and an MSHA district manager. Her motion followed a letter stating that MSHA would advise district managers to confirm that state agencies would keep miner complainants' names…
Occidental Chemical Company
Settlement withdrawal granted and discrimination proceedings dismissed
The Secretary of Labor moved to withdraw Richard W. Haviland's discrimination complaint after Haviland and Occidental Chemical reached a settlement. The proposed settlement included compensation, restoration of fringe benefits, reinstatement, reimbursement of covered medical claims, and expungement…
Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Richard E. Jarvis, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Jimmy Johnson, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Robert L. Cox, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Consolidation Coal Company
Settlement approved and imminent-danger order vacated
Consolidation Coal contested an imminent-danger withdrawal order at the Matthews Mine and faced penalties for four alleged violations of 30 C.F.R. § 75.1704. The parties stated that rock falls had blocked four areas of the intake escapeways, but that two traversable escapeways remained available…
Elmhurst-Chicago Stone Company
Settlement approved for loose-ground citation
MSHA cited Elmhurst-Chicago Stone for failing to take down or support loose ground before work in a drift, in violation of 30 C.F.R. § 57.3022. The decision states that an MSHA investigation concluded the condition caused a fall-of-face accident in which one miner suffered fatal injuries and…
Consolidation Coal Company
): Settlement approved and citation vacated
Consolidation Coal had two remaining citations in the WEVA 87-42(B) docket. The judge vacated citation 2713101 after medical information showed that an employee suffered grease burns rather than an electrical shock or other life-threatening injury, so the company was not required to report the…
Consolidation Coal Company
Proceeding dismissed after citation transfer
The only citation remaining in Consolidation Coal Company's WEVA 87-42 docket was citation 2703915. The citation had been transferred to docket WEVA 87-42(B), where it was included in a decision approving a settlement and dismissing that proceeding. Judge James A. Broderick dismissed the WEVA 87-42…
The Florence Mining Co.
Discrimination complaint withdrawn after settlement
Leonard W. Miller filed a discrimination complaint against The Florence Mining Co. after receiving a verbal warning for not operating his shuttle car fast enough. He sought an apology from his foreman. After the parties amicably resolved the matter, Miller asked to withdraw the complaint. Judge…
Patriot Coal Company
Backup-alarm settlement approved
Patriot Coal Company faced a proposed $250 penalty over the absence of a backup alarm on a pickup truck. The company argued that it reasonably believed the truck was a service vehicle not subject to the backup-alarm requirement, and the Secretary agreed that its negligence was less than originally…
Rushton Mining Company
Rule 11 cost request denied on remand
Rushton Mining sought reimbursement of litigation costs and attorney fees after the Secretary withdrew a civil-penalty petition and the related withdrawal order was vacated. On remand from the Commission, Judge James A. Broderick considered whether Federal Rule of Civil Procedure 11 could support…
Mathies Coal Company
Battery-charger settlement approved at $50
Mathies Coal Company faced a proposed $126 penalty for inadequate ventilation of a battery charger. The charger was out of service and not energized, and it was located in a fireproof enclosure with a fire extinguisher and electrical protection. Judge James A. Broderick approved the parties'…
Brent Coal Corporation
Discrimination complaint dismissed
Alvin Casey claimed that Brent Coal Corporation laid him off because he refused to work under unsafe conditions. Judge James A. Broderick found that Casey's initial refusal to work before a seal was constructed was protected activity, but that Casey later quit after disputes about pay and a…
Consolidation Coal Company
Part 50 settlement approved at $5,000
Consolidation Coal faced 10 alleged violations of 30 C.F.R. Part 50 across six dockets. The parties disputed how Part 50 applied, but the operator agreed to comply with MSHA's interpretation and consented to findings of the alleged violations for settlement purposes without admitting liability…
Dingess Mine Service, Winchester Coals, Inc., Mullins Coal Company, Joe Dingess and Johnny Dingess
Dingess Mine Service and others (FMSHRC WEVA 85-43-D): Back pay and fees awarded after discrimination ruling
Judge James A. Broderick had previously found that Wilfred Bryant was laid off for activity protected under the Mine Act and that Dingess Mine Service and Joe and Johnny Dingess were liable for the discriminatory layoff. In this supplemental decision, the judge approved nine days of back pay and…
Street & Whited Coal Co., Inc.
Settlement approved at $6,300
Street & Whited Coal Co. faced four violations arising from a fatal roof fall, including allegations involving the accident scene, accident notification, miner training, and the approved roof control plan. The parties proposed reducing the total assessment from $10,300 to $6,300. The settlement…
Rushton Mining Company
Roof-control order modified to citation and $750 penalty assessed
Rushton Mining operated an underground bituminous coal mine where an inspector found a roof-control-plan violation after an unintentional roof fall partially covered a continuous miner. Judge James A. Broderick found that the Secretary had not established an intervening clean inspection, so the…
Sulphur Springs Stone Company
26 citations affirmed and $1,530 assessed
Sulphur Springs Stone Company operated a small stone mine in Kentucky with five employees. After the company did not appear at the hearing, Judge James A. Broderick reviewed the Secretary's evidence concerning 26 alleged violations found during an October 8, 1985 inspection. The violations included…
Consolidation Coal Company
Corrected settlement approved for $1,075
Consolidation Coal Company faced three contest proceedings and two related civil penalty proceedings concerning conditions at the Humphrey No. 7 Mine. The corrected decision states that three violations were originally assessed at $2,000 total and that the parties agreed to a $1,075 settlement. One…
Consol Pennsylvania Coal Company
Discrimination decision reaffirmed and attorney fees ordered
Larry Brian Anderson brought a discrimination proceeding against Consol Pennsylvania Coal Company concerning the removal of his employment application from consideration. In an earlier decision, Judge James A. Broderick found that the company violated section 105(c) of the Mine Act and ordered it…
Rushton Minning Company
Wire-rope order partly affirmed and penalties assessed
At Rushton Mine, an inspector found that a mantrip hoist rope had more than 15 percent broken wires in one strand. Judge James A. Broderick found a violation and unwarrantable failure because Rushton's inspection procedure assigned one person too many tasks and failed to detect clearly visible…
Consol Pennsylvania Coal Company
Discrimination finding and remedial order
Larry Brian Anderson alleged that Consol Pennsylvania Coal Company refused to hire him because company personnel believed he had reported a supervisor for a roof-control violation. Judge James A. Broderick found that the company suspected Anderson had engaged in protected safety activity and…
Dingess Mine Service, Winchester Coals, Inc., Mullins Coal Company, Joe Dingess and Johnny Dingess
Wilfred Bryant v. Dingess Mine Service et al. (FMSHRC WEVA 85-43-D): Discrimination found after refusal to operate unsafe shuttle car
Wilfred Bryant was laid off shortly after he reported defects in a shuttle car and refused to continue operating it. Judge James A. Broderick found that the safety complaints and refusal were protected activity, and that the layoff was motivated in part by that activity. The judge held Dingess Mine…
Rushton Mining Company
Orders modified and $1,600 in penalties assessed
Rushton Mining's consolidated cases involved three contested orders and a civil-penalty proceeding arising from ventilation, escapeway, coal-dust, and examination issues at the Rushton Mine. Judge James A. Broderick vacated Order No. 2403926 and dismissed its contest, approved a settlement that…
Marigold Docks, Inc.
Civil penalty settlement approved
Marigold Docks disputed whether a citation had properly been issued to it rather than to the deceased miner's employer. The parties agreed to resolve the civil penalty proceeding for $120 instead of the originally assessed $126. Judge James A. Broderick approved the settlement under the penalty…
Jim Walter Resources, Inc.
Miner transfer found discriminatory
Andy Brackner reported a methane ignition to a union safety committeeman after a foreman said he would not report it to MSHA. Jim Walter Resources then transferred Brackner from an electrician position on a longwall section to an electrician position on a continuous miner section, where overtime…
Michael Brunson
Officer assessed individual penalty for brake violation
Michael Brunson was a vice president and the person listed in MSHA records as responsible for health and safety at a sand and gravel company. An employee told him that a front-end loader's brakes were defective about a week before MSHA found the loader operating without adequate brakes. Judge James…
Shawnee Coal Company
Discrimination complaint dismissed
Gerald C. Brunton alleged that Shawnee Coal discharged him after he raised or encountered safety concerns, including equipment with defective brakes and work near an unsafe highwall. The judge found that Brunton did not show he complained about those conditions or refused the work. Instead, the…
Webster County Coal Corp.
Respirable dust citation affirmed as significant and substantial
Webster County Coal challenged the significant-and-substantial designation on a citation issued after five respirable dust samples averaged 2.1 mg/m3. Judge James A. Broderick held that the violation of the respirable-dust standard was established and that Commission precedent created a presumption…
Glen Irvan Corporation
Settlement approved at $2,700 after bankruptcy filing
Glen Irvan Corporation faced three violations at the Bark Camp Strip, including a highwall and front-end-loader work-area violation, a preshift-examination violation, and a loose highwall-material violation. The decision states that the violations grew out of a fatal fall-of-material accident and…
Westmoreland Coal Company
Discrimination complaint dismissed after settlement
The Secretary of Labor filed a discrimination complaint on behalf of Sam Ball, a miners' walkaround representative, against Westmoreland Coal Company. Under the settlement, Westmoreland agreed not to discriminate against miners or miners' representatives in job assignments because of that status…
Westmoreland Coal Company
Discrimination complaint dismissed after settlement
The Secretary of Labor filed a discrimination complaint on behalf of Sam Ball, a miners' walkaround representative, against Westmoreland Coal Company. Under the settlement, Westmoreland agreed not to discriminate against miners or miners' representatives in job assignments because of that status…
Jim Walter Resources, Inc.
Ventilation-plan violations upheld and $1,750 assessed
Jim Walter Resources operated the No. 7 underground coal mine in Alabama. Judge James A. Broderick found that the operator violated its approved ventilation plan by allowing line brattice to remain more than 10 feet from the deepest point of a face and by allowing methane levels above the plan's…
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.