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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C.W. Mining Company
Citations split between vacated and affirmed
C.W. Mining Company was cited at the Bear Canyon No. 1 Mine for ventilation, fire-protection, smoking-control, and self-contained self-rescue requirements. The judge approved a partial settlement for several citations, vacated six citations for insufficient evidence or inoperability, and affirmed…
Navajo Concrete Incorporated
Ten-citation settlement approved
Navajo Concrete faced ten civil-penalty citations originally assessed at $1,571. The parties proposed a settlement requiring payment of $1,256, supported by information about the statutory penalty criteria. Judge John J. Morris found the settlement reasonable and in the public interest, approved…
Centralia Mining Company, Inc.
Settlement approved and case dismissed
The Secretary of Labor filed a temporary-reinstatement proceeding on behalf of Robbie A. Smith against Centralia Mining Company. The parties submitted a joint settlement agreement and a joint motion to dismiss. Judge John J. Morris found good cause and approved the settlement. The case was…
John Kemp and Brad Nicolay employed by American River Aggregates
John Kemp and Brad Nicolay (FMSHRC WEST 93-184-M): Agent penalties affirmed for defective loader brakes
John Kemp and Brad Nicolay were the mine manager and plant foreman at American River Aggregates' sand and gravel mine. The administrative law judge found that a front-end loader operated without functional service brakes violated 30 C.F.R. § 56.14101(a)(1), and that both company agents knowingly…
John Heter, George Haluska, Gerald Moulin, and Eliezer Gonzales, employed by EIU of California
EIU of California employees (FMSHRC WEST 93-313-M, WEST 93-314-M, WEST 93-329-M, and WEST 93-458-M): Three cases dismissed and one penalty reduced
The Secretary of Labor brought civil penalty proceedings against John Heter, George Haluska, Gerald Moulin, and Eliezer Gonzales under section 110(c) of the Mine Act. After a hearing began, the Secretary withdrew the penalty requests against Heter, Haluska, and Moulin, and those three cases were…
Cyprus Plateau Mining Corporation
): Remand penalty set at $1,820
Cyprus Plateau Mining Corporation's contest and civil penalty cases returned to the ALJ after the Commission reversed the earlier conclusions on significant and substantial and unwarrantable failure. On remand, the parties filed a stipulation addressing the penalty for a violation of 30 C.F.R. §…
Felix T. Carrasco v. Eddy Potash, Incorporated
Discrimination case dismissed after settlement
Felix T. Carrasco filed a discrimination complaint against Eddy Potash, Incorporated under the Mine Act. After a hearing began, the parties reached an amicable settlement. The judge found that the settlement furthered the purposes of the Mine Act, ordered the transcript sealed, and dismissed the…
Wallace Brothers, Inc.
Portable-crusher citations affirmed
Wallace Brothers operated a portable rock crusher at changing pit locations. The judge held that the crusher was covered by the Mine Act because crushing rock is mineral preparation. The judge affirmed citations involving missing examination records, failure to notify MSHA about operations, missing…
Pittsburg and Midway Coal, Mining Company-York Cnyn Complex
Backup alarm citation affirmed with $200 penalty
Pittsburg and Midway Coal operated the York Canyon Underground Mine, where MSHA cited an explosives truck with a nonfunctioning backup alarm. Judge John J. Morris found that the truck's rear view was obstructed by explosive boxes, so the pickup-truck exception in 30 C.F.R. § 77.410(a) did not…
Western Fuels-Utah, Inc.
One communication-cable contest dismissed and one sustained
MSHA cited Western Fuels-Utah at the Deserado underground coal mine for communication cables installed near 480-volt power conductors without additional insulation. Judge John J. Morris found that one citation involved a communication cable passing beneath a power cable with a three-inch gap, while…
Rhone-Poulenc of Wyoming Co.
Electrical shock citation affirmed after remand
Rhone-Poulenc of Wyoming operated the Big Island Mine and Refinery, where an electrical foreman received an electrical shock-type injury while working inside an electrical control compartment. The foreman had not locked out the equipment or taken another effective measure to prevent the shock…
Cortez Gold Mines,
Cortez Gold Mines (FMSHRC WEST 92-634-M): Pickup-truck parking citation affirmed with reduced penalty
MSHA cited Cortez Gold Mines after an unattended Ford F-150 pickup rolled on a grade without its wheels chocked or turned into a bank. Judge John J. Morris held that 30 C.F.R. § 56.14207 applied to the pickup and that Cortez violated the parking requirement. He struck the…
FMC Wyoming Corporation
Electrical citations affirmed with reduced penalty findings
MSHA cited FMC Wyoming after an electrician performed work on an energized circuit without locking out and tagging the disconnecting devices and without wearing protective gloves while troubleshooting. Judge John J. Morris affirmed both violations and assessed penalties of $2,000 and $1,000. He…
FMC Wyoming Corporation
Abatement orders affirmed, contests dismissed
FMC Wyoming Corporation operates the FMC Trona Mine, where MSHA cited housekeeping and electrical-cover conditions and later issued failure-to-abate orders. The judge approved settlements that reduced or amended several penalties, affirmed the three citations and related orders, and assessed $100…
Cyprus Plateau Mining Corp.
Contest cases dismissed and penalties assessed
Cyprus Plateau Mining contested a roof-control order and related enforcement action at its Star Point No. 2 coal mine, while MSHA sought civil penalties for the same mine. The judge dismissed the contest proceedings in WEST 92-370-R and WEST 92-371-R. In WEST 92-485, the order was modified to a…
Donald R. Holder v. Nevada Gold Mining, Inc.
Discrimination proceeding dismissed after settlement
Donald R. Holder brought a discrimination proceeding against Nevada Gold Mining, Inc. concerning the Sleeper Mine. The parties reached an amicable settlement, and Holder requested dismissal of the complaint. Judge John J. Morris granted the request and dismissed the case.
Mountain Cement Company, a Wyoming Partnership
Electrical-safety citation affirmed, $30,000 penalty assessed
Mountain Cement Company operated a limestone and cement mill where a working electrical foreman entered a compartment containing both deenergized and energized high-voltage circuits while troubleshooting equipment. The foreman contacted an energized component and died from electrocution. Judge John…
Donald L. Giacomo, employed by Wyoming Fuel Company
Unsafe machinery order affirmed, $700 penalty assessed
Donald L. Giacomo, an employee of Wyoming Fuel Company, was charged after a continuous miner was operated with a nonfunctioning remote-control feature and a person was placed in the cab to operate the cutter-head function. Judge John J. Morris found that the unsafe equipment violated 30 C.F.R. §…
Mid-Continent Resources Inc.
Partial settlement approved and decision amended
Mid-Continent Resources Inc. faced civil penalties for violations at the Dutch Creek Mine. The parties reached a partial settlement and proposed reducing the penalties for three citations from a combined $3,700 to $2,220. Judge John J. Morris approved the settlement, affirmed the three citations…
Mid-Continent Resources Inc.
Partial settlement approved and decision amended
Mid-Continent Resources Inc. faced five orders involving alleged mine-safety violations at the Dutch Creek Mine. One order was pending discretionary review and another had already been reassessed and settled in a different docket, so Judge John J. Morris deleted both from this proceeding. The…
Wyoming Fuel Company
Remand decision splits imminent-danger orders and citations
Wyoming Fuel Company contested several orders and citations at the Golden Eagle Mine after MSHA inspectors found methane near Kennedy stoppings and issued imminent-danger orders. On remand, Judge John J. Morris found no legally recognizable prejudice from the Secretary's proposed citation…
Varra Companies, Inc.
Seat-belt orders affirmed with $2,100 in penalties
Varra Companies operated a sand and gravel mine where MSHA cited several seat-belt violations involving a loader and two dozers. The company withdrew contests to three enforcement documents, and Judge John J. Morris affirmed those orders and the proposed $400 penalties. He also affirmed three…
Fred L. Peters v. Twentymile Coal Company, Daryl Firestone, and Cyprus Minerals Company
Discrimination complaint dismissed
Fred Peters alleged that Twentymile Coal Company and its supervisors discriminated against him after he reported shuttle-car brake, ventilation, and electrical problems and later complained to MSHA. Judge John J. Morris found that Peters engaged in protected activity but that the disciplinary…
Noland Incorporated
Ten orders affirmed and two vacated
Noland Incorporated operated a sand and gravel mine where MSHA issued ten citations and orders for electrical, conveyor, guarding, examination, handrail, and first-aid conditions. The parties agreed that the main issue was whether the plant was operating when inspectors visited, and Judge John J…
Mountain Cement Company, a Wyoming Partnership
$5,300 settlement approved for protective-clothing violations
The eight consolidated proceedings arose from a citation alleging that special protective clothing was not worn while an employee attempted to poke and unplug a preheat tower at Mountain Cement's operation. The Secretary alleged that the company and several agents knowingly authorized or carried…
Newmont Gold Company
Discrimination case dismissed without prejudice
The Judge had previously ordered temporary reinstatement under Commission Rule 44. The complainant then filed a separate discrimination complaint that was docketed as WEST 92-654-DM and assigned to another ALJ. The Judge dismissed the earlier temporary-reinstatement case without prejudice, allowing…
Mid-Continent Resources Inc.
Orders affirmed, one case dismissed, S&S finding stricken
Mid-Continent Resources and three supervisors faced civil penalty proceedings involving coal accumulations at the Dutch Creek Mine. The Judge affirmed orders against the company, struck the significant-and-substantial designation from one order, affirmed $200 penalties against Thomas Scott and…
Magma Copper Company - Pinto Valley Division
Settlement approved with one citation vacated
Magma Copper and the Secretary settled two consolidated civil penalty proceedings before hearing. The settlement vacated Citation No. 3925620 and reduced the proposed penalty for Citation No. 3925619 from $2,000 to $600. Judge John J. Morris found the settlement reasonable and in the public…
Ford Construction Company
Seat-belt findings affirmed after remand
After a Commission remand, Judge John J. Morris reconsidered two seat-belt citations involving a scraper and a bulldozer. He found that the scraper was operated without a seat belt on a steep, rough road and that a fall from the open cab could cause a serious injury. He affirmed the S&S finding for…
Homestake Mining Company of California
Settlement approved and $31,000 in penalties affirmed
Homestake Mining Company of California operated the Homestake Mine and was involved in two contest proceedings and a civil penalty proceeding. The Secretary alleged violations of 30 C.F.R. § 48.7(c) and 30 C.F.R. § 57.14205, and the parties later agreed to reduce three proposed penalties. Judge…
Homestake Mining Company of California
Settlement approved and $31,000 in penalties affirmed
Homestake Mining Company of California operated the Homestake Mine and was involved in two contest proceedings and a civil penalty proceeding. The Secretary alleged violations of 30 C.F.R. § 48.7(c) and 30 C.F.R. § 57.14205, and the parties later agreed to reduce three proposed penalties. Judge…
American Mine Services, Incorporated
Welding and hoisting violations affirmed or modified, $1,600 assessed
American Mine Services, a coal-mining contractor at West Elk Mine, faced two civil penalty proceedings involving welding and hoisting practices. In WEST 91-563, Judge John J. Morris affirmed an imminent-danger order and a welding citation after an employee used a cutting torch without a face shield…
Homestake Mining Company
Settlement approved and $36,000 assessed
Homestake Mining Company was involved in two contest proceedings and a civil penalty proceeding concerning the Homestake Mine and Lead Mine. The parties agreed to a settlement involving an order and two citations issued under 30 C.F.R. § 48.7(c) and 30 C.F.R. § 57.14205. Judge John J. Morris…
Rhone-Poulenc of Wyoming Co.
Late penalty filing denied and case dismissed
MSHA issued a citation to Rhone-Poulenc of Wyoming Co. and notified the operator of a proposed $1,000 penalty 237 days later. The Secretary filed the penalty proposal two weeks after the Commission deadline and attributed the delay to changes in the assessment process, a prior enforcement program…
Pittsburg and Midway Coal Mining Company
Most citations affirmed, one vacated, and S&S findings reduced
Pittsburg and Midway Coal Mining Company operated the Cimarron Mine and the York Canyon surface and underground mines. Judge John J. Morris affirmed most of the citations involving ventilation plans, guarding, mobile-equipment alarms, explosives work, and related conditions. He vacated one…
Wyoming Fuel Company
Ventilation-plan violation affirmed with unwarrantable-failure finding stricken
Wyoming Fuel Company operated the Golden Eagle Mine. MSHA alleged that water accumulated in the mine's bleeder system in violation of the approved ventilation and methane and dust control plan. Judge John J. Morris found that the water reached hazardous depths and affirmed the order, but struck the…
Mid-Continent Resources, Inc.
Mine closure citations affirmed, penalties assessed
Mid-Continent Resources, Inc. operated the Coal Basin and Bear Creek Mines. MSHA alleged that the company failed to seal an inactive mine and failed to file a revised mine map after the mines were permanently closed. Judge John J. Morris found that the mines were abandoned because they were no…
Southway Construction Company, Incorporated
Communication-system citation affirmed for $138
Southway Construction Company, Incorporated operated a crushing operation at the Goat Ridge Mine, which was owned by another company. MSHA cited Southway for failing to provide a suitable emergency communication system. Judge John J. Morris found that Southway was an operator because it controlled…
Barrick Goldstrike, Inc.
Discrimination case dismissed with prejudice
Linda J. Van Tassel brought a discrimination proceeding against Barrick Goldstrike, Inc. The parties jointly moved to dismiss the case with prejudice. Judge John J. Morris granted the motion and canceled the hearing scheduled for October 27, 1992, in Elko, Nevada.
N.A. Degerstrom, Inc.
Discrimination case dismissed after settlement
Roger Vogt brought a discrimination proceeding against N.A. Degerstrom, Inc. and Zortman Mining, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceedings with prejudice. Judge John J. Morris found good cause and granted the motion, dismissing the case. The order…
FMC Wyoming Corporation
Permissibility citation affirmed
FMC Wyoming Corporation was cited after an excessive gap was found in the cover plate of a continuous miner’s master control box at the FMC Trona Mine. The ALJ found that the condition violated the permissibility requirements, but concluded that the Secretary did not prove the violation was…
Asarco Mining Company
Ground-support citation upheld
Asarco Mining Company contested a citation alleging that ground support was not installed along the ribs of a haulage drift at its Troy Unit. The citation followed an MSHA investigation of unstable ground near an area where a miner had been fatally struck by falling material, although the ALJ found…
Mid-Continent Resources, Incorporated
Settlement approved in bankruptcy case
Mid-Continent Resources reached a settlement with the Secretary in a civil penalty proceeding involving Citation No. 3411282. The parties proposed reducing the penalty from $950 to $570, and Mid-Continent reported that it was operating as a debtor-in-possession in Chapter 11 bankruptcy. Judge John…
N.A. Degerstrom, Inc., and Zortman Mining, Inc.
Partial dismissal after settlement
Complainant Roger Vogt and N.A. Degerstrom, Inc., reached an amicable settlement on the merits of this discrimination proceeding. Judge John J. Morris dismissed the complaint with prejudice as to N.A. Degerstrom. The complaint remained pending against Zortman Mining, Inc., and the hearing was…
Garratt Company
Citations affirmed, $310 in penalties assessed
MSHA cited Garratt Company after finding improperly bushed electrical cables, an uncovered electrical junction box, a nonworking reverse alarm, and a restraint on an inspector’s right of entry. Judge John J. Morris found that the violations were established even though the first three conditions…
Mid-Continent Resources Incorporated
Partial settlement approved and penalties assessed
Mid-Continent Resources Incorporated faced a civil penalty proceeding involving four citations at the Dutch Creek Mine. The parties reached a partial settlement and proposed reducing the penalties from a total of $4,800 to $2,880. Judge John J. Morris found the settlement reasonable and in the…
Mansel John Saffell v. National Cement Company
Discrimination complaint dismissed
Mansel John Saffell, a production foreman at National Cement Company's cement plant, complained about unsafe lighting and reported the conditions to MSHA. He later alleged that National Cement retaliated against him through undesirable job assignments and by refusing to reinstate him after he left…
Donald L. Giacomo, employed by Wyoming Fuel Company
Donald L. Giacomo (FMSHRC WEST 92-100): Motion to compel witness names granted
The Secretary brought a civil penalty case against Donald L. Giacomo and invoked the informant privilege to withhold the names of potential witnesses. Judge John J. Morris reviewed the protected material in camera and found that Giacomo's need for the information was greater than the Secretary's…
Cyprus-Plateau Mining Corporation
Settlement approved with modified citation and $345 penalty
Cyprus-Plateau Mining Corporation, Robert Q. Powell, and the Secretary resolved three related mine-safety proceedings through an agreement reached after a hearing began. Judge John J. Morris approved changes converting Order No. 3583459 to a section 104(a) citation and replacing alleged violations…
Mid-Continent Resources, Inc.
$165 settlement approved in bankruptcy case
Mid-Continent Resources reached a settlement with the Secretary in a civil penalty case involving three citations at the Dutch Creek Mine. The proposed penalties were $91 each for two citations, with the third reduced from $91 to $55, for a total amended amount of $237 before the bankruptcy…
Cyprus-Plateau Mining Corporation
Settlement approved with modified citation and $345 penalty
Cyprus-Plateau Mining Corporation, Robert Q. Powell, and the Secretary resolved three related mine-safety proceedings through an agreement reached after a hearing began. Judge John J. Morris approved changes converting Order No. 3583459 to a section 104(a) citation and replacing alleged violations…
Mid-Continent Resources Incorporated
Settlement amended, one citation vacated
Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, vacated Citation No. 3586432, and affirmed Citations Nos. 9996593, 9996594, and 9996595, each with a proposed penalty of $20…
Mid-Continent Resources Incorporated
Settlement approved with reduced penalties
Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, affirmed the cited violations, and reduced several proposed penalties, including reductions from $147 to $88, $119 to $71, and…
Mid-Continent Resources Incorporated
Settlement approved with reduced penalties
Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, affirmed both cited violations, and reduced the proposed penalties from $276 and $240 to $166 and $144. The total assessment was…
Richard Sierra v. Phelps Dodge Corporation
Discrimination complaint dismissed after withdrawal
Richard Sierra filed a discrimination complaint against Phelps Dodge Corporation in a proceeding involving the Tyrone Branch. On the day before the scheduled hearing, Sierra said he would withdraw the complaint unless he received more time to obtain an attorney. After the judge declined to grant…
Ford Construction Company
Three citations vacated and four affirmed, with $225 in penalties
Ford Construction Company was cited for safety violations while working on a settling pond at a California gold mine. Judge John J. Morris held that MSHA had jurisdiction concurrent with Cal-OSHA and denied the company's motion to dismiss on that ground. He vacated three citations, including two…
Danaco Exploration International
Three electrical citations affirmed, two vacated
Danaco Exploration International was cited for electrical safety conditions at its quarry, including oversized fuses, an undersized starter, a missing cover plate, and allegedly insufficient conductors. Judge John J. Morris affirmed the two citations for oversized fuses and the citation for the…
L. Kenneth Teel, President of California Lightweight Pumice, Inc.
Mine-condition citations affirmed and penalties assessed
The Secretary of Labor charged L. Kenneth Teel and George W. Weinbeck with individual liability for mine safety violations at California Lightweight Pumice's Battle Mountain Mine. Judge John J. Morris found that Teel knowingly authorized violations involving unsafe access, unstable pit walls, loose…
F.K.C., Incorporated
Discrimination proceedings dismissed
These consolidated discrimination proceedings concerned Martin L. Richardson and F.K.C., Incorporated. The Secretary of Labor moved to dismiss after concluding that Richardson was not a miner under the Mine Act and that the respondent companies were not engaged in activity covered by the Act at the…
Steven Brown for United Steelworkers of America, District 38, Subdistrict 7 v. Sunshine Mining Company
Compensation complaint dismissed for lack of jurisdiction
Contract miners at Sunshine Mining's Kellogg operation claimed they should receive incentive-rate pay while attending mandatory MSHA safety training. Sunshine maintained that miners were entitled only to the applicable wage-table rate. Judge John J. Morris concluded that the Commission had no…
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.