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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Beco Construction Co., Inc.
Equal Access to Justice Act application dismissed after settlement
Beco Construction filed an Equal Access to Justice Act application related to two earlier contest proceedings. The parties reached an amicable settlement before a hearing. Judge John J. Morris dismissed the application based on that settlement. The order does not state that any fee or expense award…
Summit Incorporated
Backhoe walkway citation affirmed and settlement approved
Summit operated the Richmond Hill gold mine. MSHA cited a backhoe walkway that was about four and a half feet above the ground and lacked handrails and midrails. Judge John J. Morris held that the platform was an elevated walkway covered by 30 C.F.R. § 56.11002, affirmed the citation and a $20…
Jamieson Company
Two citations affirmed with $220 in penalties and two vacated
Jamieson operated a sand and gravel facility where an inspector found a displaced conveyor guard and an unprotected 440-volt power cable across a driveway. Judge John J. Morris found that the skirting guard was not securely in place and affirmed that citation with a $20 penalty, while affirming the…
Andalex Resources, Inc.
Fire and escapeway citations split
Andalex Resources contested citations involving an inoperative fire suppression system and leaking drive-through doors that compromised separate underground escapeways. Judge John J. Morris found the fire suppression violation significant and substantial, and he affirmed the two escapeway…
Jet Concrete Incorporated
Four settlement proceedings resolved for $3,037
Jet Concrete and the Secretary reached a settlement covering four civil penalty proceedings and 38 citations. The parties agreed to reduce the assessments in three proceedings and settle the fourth for its stated total, resulting in payments of $802, $248, $1,740, and $247. Judge John J. Morris…
Asarco, Incorporated
Discrimination complaint dismissed without prejudice
Francis A. Marin filed a discrimination complaint against Asarco, alleging that her termination involved seniority, sex, national origin, and refusal to perform work she believed was unsafe. She moved to withdraw the complaint while pursuing remedies under state and federal anti-discrimination…
Ideal Basic Industries, Inc.
Discrimination complaint dismissed with prejudice after settlement
Three employees filed a discrimination complaint against Ideal Basic Industries after the Secretary of Labor withdrew from prosecuting their claim of discriminatory discharge. The complainants and the company settled the matter, and Judge John J. Morris allowed the complainants to withdraw the…
Custom Crushing Inc.
Electrical and eye-protection citations affirmed
Custom Crushing operated a small sand and gravel portable crusher. MSHA cited openings in an electrical control panel that could expose a worker to energized 480-volt equipment, and cited a crusher operator who worked without eye protection near flying rock hazards. Judge John J. Morris affirmed…
Cyprus Empire Corporation
Striking employees were not miners for walkaround rights
Cyprus Empire operated the Eagle No. 5 underground bituminous coal mine in Colorado. During a strike, the company continued limited mine work with salaried employees and refused to allow Dean Carey, a previously designated UMWA representative of the striking employees, to accompany an MSHA…
New Butte Mining Incorporated
Restricted-clearance citation and penalty affirmed
New Butte Mining operated the Lexington gold mine in Montana. A miner was injured when he backed into a rib and was pinched by an ore car in an unmarked area where the clearance narrowed to zero. Judge John J. Morris found that the area was a travelway and that the restricted clearance created a…
Energy Mining Corporation and/or Utah Power & Light Company
Wilberg Mine settlement approved
These consolidated contest and civil penalty proceedings arose from the Wilberg Mine fire disaster in Utah. The ALJ approved a settlement resolving 24 alleged violations in three civil penalty dockets, reducing the outstanding total from $106,749 to a voluntary payment of $95,000. The order…
Bob Sherman, employed by Blackhawk
Settled citation affirmed with $25 penalty
MSHA alleged that Bob Sherman, employed by Blackhawk at the Evening Star Mine, violated a mandatory safety standard. The parties asked Judge John J. Morris to approve a settlement of Citation 3462951. The original proposed penalty was $250, and the settlement reduced it to $25 while affirming the…
Emery Mining Corporation
Settlement approved and case dismissed
Local Union 1769, District 22, and Emery Mining Corporation reached an amicable settlement in a compensation proceeding. Judge John J. Morris approved the settlement, dissolved the stay of the hearing, canceled the scheduled hearing, and dismissed the case.
Emery Mining Corporation
Settlement approved and case dismissed
Local Union 2176, District 22, and Emery Mining Corporation reached an amicable settlement in a compensation proceeding. Judge John J. Morris approved the settlement, dissolved the stay of the hearing, canceled the scheduled hearing, and dismissed the case.
Sanger Rock & Sand
Citations vacated on jurisdiction and publication grounds
MSHA charged Sanger Rock & Sand with violating two mine-safety regulations at the Sanger Pit and Mill in California. Sanger argued that the federal government lacked jurisdiction because it did not own the property and because California had not ceded it, and also argued that MSHA had not properly…
Otis Elevator Company
Discovery motion granted
The Secretary sought discovery from Otis Elevator Company in a case involving whether an employee working on a mine elevator system was a qualified person. Judge John J. Morris found Otis's responses to two requests for admission inadequate and found the requested maintenance records relevant and…
California Lightweight Pumice, Inc.
Settlement approved
California Lightweight Pumice reached a settlement with the Secretary in four civil penalty proceedings. The company agreed to pay the penalties originally assessed for the listed citations, totaling $5,368. Judge John J. Morris found the settlement reasonable and in the public interest, approved…
Sierra Aggregate, Inc.
Settlement approved
Sierra Aggregate reached a settlement with the Secretary in two civil penalty proceedings. The stipulation amended several citations to non-S&S violations and reduced several proposed penalties. Judge John J. Morris found the settlement reasonable and in the public interest, approved it, affirmed…
C.W. Mining Company
Three orders vacated, eight affirmed
C.W. Mining faced 11 orders and citations involving escapeways, coal and combustible accumulations, electrical equipment, short-circuit protection, maps, and pre-shift examinations at Bear Canyon No. 1 Mine. Judge John J. Morris vacated three orders and affirmed eight others, while striking or…
Emery Mining Corporation; Utah Power & Light Company
Civil penalty proceedings dismissed
The Secretary of Labor asked to withdraw the civil penalty requests against Emery Mining Corporation and Utah Power & Light Company after the Tenth Circuit vacated the underlying citations. Judge John J. Morris granted the motions and dismissed the three proceedings. The order also directed that a…
Medicine Bow Coal Company
Expedited hearing denied
Medicine Bow Coal sought an expedited hearing in two contest proceedings involving a citation under 30 C.F.R. § 75.807 and an order or citation under 30 C.F.R. § 75.517. Judge John J. Morris found that the operator had not shown the criteria required for expedited relief. He denied the motion to…
Wyoming Fuel Company
Certification request denied
The Secretary asked Judge John J. Morris to certify an earlier ruling about whether an expedited hearing was required for enforcement orders. The judge denied certification and maintained his view that an expedited hearing is required when an order is issued under section 107 of the Mine Act. The…
Lone Star Industries, Inc.
Two safety citations vacated
Lone Star Industries operated a cement-producing quarry and mill where an engineer entered a clinker cooler dust chamber through an inspection door during maintenance work. His right leg became entangled in an operating screw conveyor and was severed about mid-thigh. The judge found that the…
Emery Mining Corporation and/or Utah Power & Light Company
Hearing continued after Wilberg Mine fire litigation concerns
Emery Mining sought to postpone a group of Mine Act contest and civil penalty hearings connected to the Wilberg Mine fire. Emery said that a related Utah products-liability trial could create prejudicial publicity and complicate the pending cases. The Secretary opposed further delay, citing the…
Central Concrete Products
Two safety citations affirmed
Central Concrete Products operated a sand and gravel site with a front-end loader and a primary screen work area. Judge John J. Morris found that the loader's inoperative back-up alarm violated the audible-warning requirement, and that broken boards and ladder rails did not provide safe access to…
Beaver Creek Coal Company
One citation affirmed and one vacated
Beaver Creek Coal Company was cited after an inspector found a narrow man door and steps in an alternate escapeway and also found that two crosscuts had not been rock dusted. Judge John J. Morris affirmed the escapeway citation, finding that the passage did not ensure safe travel for miners…
California Portland Cement Company
Railcar citation affirmed and $600 penalty assessed
California Portland Cement Company operated the Mojave Cement Plant, where seven parked railcars rolled down a track and seriously injured a welder. Judge John J. Morris found that the railcars were not securely blocked even though the brakes held them for several hours, because air leakage and a…
Sanger Rock & Sand
Late interrogatories denied
Sanger Rock & Sand asked to file interrogatories after the evidence had closed in two civil penalty proceedings. Judge John J. Morris explained that the Commission's discovery rules are designed to begin discovery early and generally complete it before the evidentiary hearing. He denied the request…
Rick Stevenson v. Beaver Creek Coal Company
Summary decision denied in discrimination case
Rick Stevenson alleged that Beaver Creek Coal Company laid him off because of his safety and health activities and challenged the effect of a general release he signed when he received severance pay. Judge John J. Morris found a genuine factual dispute about whether the release was supported by…
Sanger Rock & Sand
MSHA jurisdiction upheld
Sanger Rock & Sand argued that MSHA could not regulate its California property because the federal government did not own the land and California had not ceded it to the federal government. Judge John J. Morris held that the cited constitutional provision concerned federal control over the District…
Industrial Constructors Corp.
Discrimination complaint sustained
Harry C. Ramsey worked as a crusher operator for Industrial Constructors Corp. at the Colosseum Mine. After Ramsey shut down equipment when dust prevented him from seeing workers, he argued with a supervisor, said he could not work under conditions that removed his ability to stop the machinery…
Yaple Creek Sand & Gravel
Six citations affirmed, two vacated
Yaple Creek Sand & Gravel, a one-person sand and gravel operation, was cited for eight Mine Act safety violations involving guarding, openings near travelways, an electrical junction box, and grounding systems. Judge John J. Morris held that a one-person operation is still subject to the Mine Act…
Mid-Continent Resources, Inc.
Escapeway violation affirmed, S&S and unwarrantable designations stricken
Mid-Continent Resources operated the Dutch Creek No. 1 underground coal mine. MSHA issued an order alleging that an intake-air escapeway was not maintained in a safe, travelable condition because of floor heaving, water, debris, and other tripping hazards. Judge John J. Morris rejected the…
Mid-Continent Resources, Inc.
Settlement approved and discrimination claims dismissed
Manuel L. Gomez brought a temporary-reinstatement request and a discrimination complaint against Mid-Continent Resources involving the Dutch Creek Mine. Before the merits hearing concluded, the parties reached a settlement. Gomez agreed to withdraw the temporary-reinstatement request, waive…
Colorado Silica Sand, Inc.
Guard citation affirmed with $40 penalty
MSHA cited Colorado Silica Sand after finding that a guard was missing from the head pulley of a conveyor at the company's Wolf Pit No. 1 and Plant. Judge John J. Morris credited the inspector's testimony that the plant was operating and found that the guard requirement applied even though the…
Utah Power & Light Company
Coal-cuttings order upheld
Utah Power & Light Company contested a section 104(d)(1) order alleging that coal cuttings had accumulated behind a line curtain in an active underground mine section. The judge found that roughly 500 to 800 pounds of loose coal had accumulated over more than 100 feet and that the operator's…
Utah Power & Light Company
Transformer citation affirmed, unwarrantable-failure designation removed
Utah Power & Light Company operated the Cottonwood coal mine. MSHA cited the company after finding that a transformer was not ventilated directly into the return air course as required by 30 C.F.R. § 75.1105. Judge John J. Morris affirmed the citation and its significant-and-substantial…
Phelps Dodge Corporation
Discrimination complaint dismissed
Randy G. Davis filed a discrimination complaint against Phelps Dodge Corporation in October 1988. He later told the judge by telephone that he wanted to drop the case but did not provide the written confirmation the judge requested. After a February 1989 order to show cause, served by certified…
Cyprus Empire Corporation
Roof-condition contests dismissed and penalty assessed
MSHA found loose and broken roof in the tailgate entry of Cyprus Empire Corporation's Eagle No. 5 underground coal mine and issued an imminent-danger order and a citation. Judge John J. Morris found that the roof condition could cause serious injury or death, but the area had been dangered off and…
O C & W Coal Company
Compensation case dismissed after missed hearings
Kenneth A. McCool brought a compensation case for himself and others against O C & W Coal Company concerning the No. 6 Mine. The first hearing was continued after McCool said he was working in Texas, and the case was later reset in Tulsa, Oklahoma. McCool failed to appear at the second hearing and…
Mid-Continent Resources, Inc.
Portions of transcript sealed
The cases involved civil-penalty proceedings against Mid-Continent Resources at the Dutch Creek No. 1 Mine. Some evidence had been heard in camera because it concerned sensitive, proprietary, and confidential business information. Judge John J. Morris dissolved the broader restriction on the…
Emery Mining Corporation and/or Utah Power & Light Company, Docket No.
Emery Mining Corporation and/or Utah Power & Light Company (FMSHRC WEST 87-130-R): Finality certified in consolidated proceedings
This order addressed consolidated contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. The Secretary asked the Commission to review an earlier order that removed Utah Power & Light from 30 modified citations and orders. The…
Emery Mining Corporation and/or Utah Power & Light Company
Consolidated matters returned to the Docket Office
This order addressed a group of contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. After a Commission remand, the judge entered final judgment for Utah Power & Light in the listed cases. The parties agreed that Emery either…
Utah Power & Light Company
Self-rescue training citation vacated
MSHA cited Utah Power & Light after three miners did not answer two questions about the location and duration of self-contained self-rescuers during an inspector's interview. Judge John J. Morris found that the company had provided repeated hands-on and refresher training, maps, and instruction…
Mid-Continent Resources, Inc.
Enforcement-discretion claims dismissed
Mid-Continent Resources contested an order alleging that an intake-air escapeway at the Dutch Creek Mine was not maintained in a safe, travelable condition. The company also claimed that MSHA had pursued an abusive enforcement policy against the mine. Judge John J. Morris held that the Commission…
Cyprus Plateau Mining Corporation
Discrimination complaint dismissed
Ernie L. Bruno alleged that Cyprus Plateau Mining discharged him because he reported float coal dust and stopped a shuttle car to water the entry. Judge John J. Morris found that the complaint was filed more than four years after the discharge and that the delay materially prejudiced the operator…
Mid-Continent Resources, Inc.
Discovery requests partly granted
Mid-Continent Resources sought interrogatory answers and documents from the Secretary in a civil penalty proceeding involving the Dutch Creek No. 1 Mine. Judge John J. Morris protected the identities of miner witnesses and informants under Commission Rule 59, while requiring the Secretary to state…
Western Fuels-Utah, Inc.
Discriminatory discharge affirmed with $39,560.06 award
Joseph Gabossi complained to Western Fuels-Utah management about the company's reporting structure and its effect on mine safety. After those complaints, the company placed him on probation and discharged him. Judge John J. Morris found that the complaints were protected activity and that the…
J.S. Redpath Corporation
Eye-protection citation vacated
J.S. Redpath Corporation was a mining subcontractor whose employees were doing underground development work at a mine in Arizona. MSHA alleged that employees violated the eye-protection standard by drilling and beginning rock bolting without safety glasses. Judge John J. Morris credited a witness…
Mid-Continent Resources, Inc.
Penalty withdrawn and case dismissed
Mid-Continent Resources was cited after a miners' representative was allegedly denied the opportunity to accompany an MSHA inspector at the Dutch Creek No. 1 Mine. The Secretary later moved to withdraw the civil penalty proposal after determining that the miners' representative designation was…
Beaver Creek Coal Company
Contest dismissed after cited order was vacated
Beaver Creek Coal Company contested an MSHA order concerning its roof control plan and sought declaratory relief, attorney fees, and costs. MSHA vacated the order after the contest was filed, and the judge found that the requested declaratory relief was moot because the requested plan modification…
Emery Mining Corporation And/Or Utah Power & Light Company
Wilberg Mine Fire report excluded
Emery Mining Corporation and Utah Power & Light Company asked the judge to exclude the Secretary's report about the 1984 Wilberg Mine Fire from evidence in related contest and civil penalty proceedings. The judge found that the report contained factual and legal conclusions without an adequate…
Midacontinent Resources, Inc.
Respirable-dust citation affirmed with penalty reduced to $300
Midacontinent Resources was cited after samples showed that miner Verlin F. Windedahl, a Part 90 miner, was exposed to respirable dust above the 1.0 milligram-per-cubic-meter limit. Judge John J. Morris found that the operator violated 30 C.F.R. § 90.100 and rejected its challenges to the sampling…
Owl Rock Products Company
Reverse-alarm citation affirmed with reduced penalty
Owl Rock Products Company was cited after a one-ton service truck with a partially obstructed rear view operated without an audible reverse alarm. The judge found that the truck was heavy-duty mobile equipment under 30 C.F.R. § 56.9087, even though it was used for service work rather than loading…
Pittsburg & Midway Coal Mining Company
One citation vacated and two affirmed
Pittsburg & Midway Coal Mining Company faced three electrical safety citations at the Kemmerer Mine. The judge vacated the citation for a missing straining clamp because wooden blocks inside the junction box adequately protected the cable. He affirmed citations for an ungrounded space heater and an…
Consolidation Coal Company
Miners awarded compensation after an MSHA withdrawal order
Local Union 1261 sought compensation for underground miners at Consolidation Coal Company's Emery Mine after the company withdrew them because of rising gas levels. MSHA issued a section 103(k) withdrawal order the next morning, and the miners were not working when the order issued. Judge John J…
Timber Lakes Corporation
Three citations affirmed, one vacated, and $750 assessed
Timber Lakes Corporation operated a small sand and gravel pit where a worker was struck by a pipe wrench while trying to restart a conveyor. Judge John J. Morris affirmed citations for failing to report the accident, allowing an employee to work alone in a hazardous area, and performing machinery…
Freeman United Coal Mining Company
Ventilation violation affirmed with $200 penalty
Freeman United Coal Mining Company was cited after an MSHA inspection found inadequate airflow at the end of a line curtain in the gassy Orient No. 6 Mine. Judge John J. Morris found that the company violated its approved ventilation plan by operating with 1,662 cubic feet per minute of air where…
County of Ouray, Colorado
Citations and penalties affirmed
County of Ouray, Colorado operated a county gravel pit and was cited in three consolidated proceedings. The citations concerned an unnotified fatal accident, dangerous highwall conditions, highwall-control procedures, communication equipment, and an employee working alone. Judge John J. Morris…
Mohave Concrete & Materials Inc.
Most citations affirmed after remand, one vacated
Mohave Concrete operated a metal and nonmetal processing plant where MSHA cited unguarded moving machine parts, uncovered junction boxes, a missing conveyor emergency stop device, improper electrical fittings, and failure to notify MSHA before starting operations. Judge John J. Morris affirmed the…
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.