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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General Chemical Company
USWA (Ronald Shane Bird) v. General Chemical Company (FMSHRC WEST 92-596-DM): Mine Act discrimination complaint dismissed
Ronald Shane Bird, a bore miner operator at General Chemical's underground trona mine, alleged that reprimands and crew reassignments followed his safety complaint about a high cut in the mine roof. Judge Michael A. Lasher, Jr. found that Bird's initial safety complaint and request for a safety…
Energy West Mining Company
S&S designation removed on remand
Energy West Mining was cited for a violation at the Cottonwood Mine that had previously been designated significant and substantial. On remand from the Commission, Judge Michael A. Lasher, Jr. found that the record did not sufficiently show that the mine was gassy or had previously experienced…
Energy West Mining Company
Unapproved diesel trucks barred during longwall setup
Energy West Mining Company used three unapproved diesel-powered Isuzu trucks in a two-entry longwall panel at its Cottonwood Mine while preparing to install longwall equipment. Judge Michael A. Lasher, Jr. held that the mine’s modification order required approved diesel equipment during the setup…
Lloyd A. Partin v. Amax Coal Company
Discrimination proceeding dismissed with prejudice after withdrawal
Lloyd A. Partin’s counsel reported that the parties had reached a settlement and requested withdrawal of Partin’s claims. Judge Michael A. Lasher, Jr. approved the voluntary withdrawal under Commission Procedural Rule 11. The discrimination proceeding was dismissed with prejudice.
Energy West Mining Company
Ventilation citation affirmed during idle shift
Energy West Mining Company was cited after the air reaching the intake end of an idle longwall face measured 22,680 CFM, below the 30,000 CFM minimum in its approved ventilation plan. Energy West argued that the plan applied only while coal was being produced, but Judge Michael A. Lasher, Jr. held…
Little Rock Quarry Company, Incorporated
Dismissal affirmed after remand
The Commission had vacated an earlier dismissal and remanded the case so the Secretary could explain why the prosecution had not complied with prehearing orders. The Secretary argued that the parties had informally settled the matter and that the case should proceed on that basis. Judge Michael A…
Cyprus Tonopah Mining Corporation
Remand penalty reduced to $500
The Commission remanded a ground-condition violation for penalty reassessment after finding that Cyprus Tonopah Mining's conduct was not an unwarrantable failure. Judge Michael A. Lasher, Jr. found that the operator was still negligent because it allowed work and travel in an area with hazardous…
Perry Sisk
Eight violations affirmed with $285 in penalties
Perry Sisk operated four coal trucks that regularly picked up coal from the Kanima Mine stockpile and delivered it to a power plant. MSHA alleged eight violations in two dockets, and Sisk conceded that the cited conditions occurred while challenging whether the Mine Act covered his…
Young Brothers Incorporated
Settlement affirmed and $250 penalty assessed
The Secretary sought a civil penalty for a violation described in a section 107(a) withdrawal order issued at Young Brothers’ Atkins Pit. At the hearing, Young Brothers and the Secretary reached an agreement under which the company would pay $250. Judge Michael A. Lasher, Jr. affirmed the…
Price Construction Inc.
S&S designation deleted and $25 penalty assessed
Price Construction and the Secretary reached a settlement over Citation No. 3448774. The agreement removed the “Significant and Substantial” designation while leaving the citation otherwise affirmed. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed $25 penalty. The order…
Little Rock Quarry Company, Incorporated
Proceedings dismissed for failure to prosecute
MSHA brought three civil penalty proceedings against Little Rock Quarry Company, Incorporated. Judge Michael A. Lasher had ordered MSHA to show good cause for failing to comply with a prehearing order and to provide information about whether the cases might settle. MSHA did not provide the required…
Leadville Mining & Milling Corporation
Citation modified and $100 penalty assessed
Leadville Mining & Milling Corporation operated the Hopemore Shaft, a small underground gold and base metals mine. MSHA cited the mine for failing to maintain a second escapeway while miners extracted ore during development work. Judge Michael A. Lasher, Jr. held that the regulation required two…
Grefco Incorporated
Settlement approved with $31,500 in penalties
Grefco Incorporated reached a settlement with the Secretary of Labor covering one citation and two withdrawal orders issued under Section 104(d)(1) of the Mine Act. Judge Michael A. Lasher, Jr. approved the settlement. Citation No. 3448924 was vacated, Withdrawal Order No. 3446523 was modified into…
Mountain Coal Company
Coal dust findings affirmed and withdrawal order modified
Mountain Coal Company contested a citation and a withdrawal order concerning combustible coal dust accumulations at the Trail Mountain Mine. Judge Michael A. Lasher, Jr. found both violations proven, with the withdrawal-order violation resulting from unwarrantable failure and high negligence. He…
Energy West Mining Company
Several citations modified and one vacated
Energy West Mining Company faced civil penalty proceedings involving eight alleged violations at the Cottonwood Mine, with four enforcement documents litigated at hearing. Judge Michael A. Lasher, Jr. approved the parties' resolution of two citations, affirmed one citation, modified two others by…
Thunder Basin Coal Company
Discrimination proceedings dismissed for failure to comply with discovery
Thunder Basin Coal Company faced two Mine Act discrimination proceedings involving Donald L. Gregory and Loy D. Peters at the Black Thunder Mine. The judge had ordered the Secretary of Labor to respond to discovery requests for statements and other documents concerning the complainants'…
Young Brothers Incorporated, Contractors
One citation vacated, one affirmed, $150 penalty assessed
MSHA cited Young Brothers after finding that guards did not adequately cover pinch points on two conveyor tail pulleys at the Atkins Pit. Judge Michael A. Lasher, Jr. found a violation where the rear and top of one tail pulley were not fully guarded, but found no reasonable possibility of contact…
Hills Materials Company
Settlement approved and two citations modified
Hills Materials Company and the Secretary agreed to settle five violations after a hearing. Judge Michael A. Lasher, Jr. approved the settlement and modified two citations by deleting their significant-and-substantial designations. The other three citations were resolved at the penalties proposed…
Ames Construction, Inc.
Tom K. Sperry v. Ames Construction, Inc. (FMSHRC WEST 91-473-DM): Discrimination complaint dismissed
Tom K. Sperry alleged that Ames Construction laid him off and then refused to rehire him because he had filed an MSHA complaint and raised safety concerns. Ames said the layoff resulted from a seasonal reduction in force and that it did not rehire Sperry because he was an unsafe employee. Judge…
Twentymile Coal Company
Respiratory-dust citation affirmed as significant and substantial
MSHA cited Twentymile Coal after five valid samples showed an average respirable-dust concentration of 2.1 milligrams per cubic meter, above the 2.0 limit. The parties agreed that the violation occurred and asked the judge to decide whether the citation could be designated significant and…
Chrisman Ready Mix Inc.
Three citations affirmed and $98 in penalties assessed
MSHA sought penalties for three alleged violations involving Chrisman Ready-Mix Inc. at the Clarksville Quarry and Ozark Material Co., Inc. at the Guthrey Island Pit & Plant. The parties settled the two violations in Docket No. CENT 91-82-M for the initially assessed penalties of $39 each. The…
Navasota Mining Company Incorporated
Citations vacated and penalty docket dismissed
At Navasota Mining Company's Gibbons Creek Mine, MSHA first cited a hazardous side-clearance condition on a haul road after a collision that resulted in fatal injuries to a coal truck operator. MSHA later terminated that citation after corrective action, then attempted to modify it more than 13…
Canyon Country Enterprises, D/B/A Curtis Sand & Gravel, a Corporation
Clyde C. Cole v. Canyon Country Enterprises (FMSHRC WEST 91-191-DM): Discrimination complaint dismissed as untimely and meritless
Clyde C. Cole claimed that Canyon Country Enterprises, doing business as Curtis Sand and Gravel, discriminated against him after he refused to operate a front-end loader that he believed was unsafe. Judge Michael A. Lasher, Jr. dismissed the complaint on two independent grounds. He found that…
Kerr-McGee Coal Corporation
Miners' representative designation must be posted
Kerr-McGee Coal Corporation refused to post a designation naming United Mine Workers representatives for miners at its Jacobs Ranch Mine. Judge Michael A. Lasher, Jr. held that Mine Act representative-of-miners rules do not require a union to be certified for collective bargaining before it can…
Mendisco Mining
Default entered and $800 in penalties assessed
MSHA sought civil penalties against Mendisco Mining for four citations. The operator received notice of the hearing but did not appear, did not communicate its intentions, and repeatedly ignored orders and contact efforts. Judge Michael A. Lasher, Jr. entered the operator's default and assessed the…
Asarco, Incorporated
Two citations modified and four affirmed with $270 penalty
The Secretary sought penalties against Asarco for four violations at the Black Cloud Mine, Leadville Unit. The parties reached a settlement during the hearing. Judge Michael A. Lasher, Jr. modified two citations by changing the gravity designation from fatal to lost workdays or restricted duty…
Energy West Mining Company
Injury-reporting citation affirmed
Energy West Mining contested a citation alleging that it failed to report an injury at its Deer Creek Mine. An employee strained his neck when his personal car stalled and its brakes failed on mine property while he was driving to work, and he missed two workdays. The judge held that the injury was…
D.H. Blattner & Sons, Inc.
Larry E. Burns v. D.H. Blattner & Sons, Inc. (FMSHRC WEST 90-166-DM): Discrimination complaint dismissed
Larry E. Burns was discharged from his haul-truck job at the Basin Creek open-pit gold mine after refusing to drive an older truck. His estate continued the case and alleged that he had been fired for raising concerns about the truck's canopy, transmission, and exhaust. Judge Michael A. Lasher, Jr…
Homestake Mining Company
Citation vacated and contest dismissed with prejudice
MSHA issued Homestake Mining a citation alleging that elevated walkways at its lead mine lacked required handrails and toeboards under 30 C.F.R. § 57.11002. MSHA later vacated the citation after recognizing conflicting agency views about how the standard applied and withdrew its answer. Judge…
Wayne Pulliam, Texas Sand & Gravel, Co., Inc.
Discrimination proceeding dismissed after settlement
The Secretary of Labor brought this discrimination proceeding on behalf of Robert Black against Wayne Pulliam and Texas Sand & Gravel. The parties reached a settlement that provided for back-wage payments in installments. After the respondent paid the final installment, the complainant's counsel…
Energy Fuels Coal, Inc.
Settlement approved with $129 in penalties
Energy Fuels Coal and the Secretary submitted a settlement covering two contested citations and a civil penalty proceeding at the Southfield Mine. The settlement required payment of the original $79 penalty for one citation and reduced another penalty from $98 to $50 after removing its…
Utah Power and Light Company, Mining Division
Imminent-danger withdrawal order affirmed
MSHA issued an imminent-danger withdrawal order removing Utah Power and Light's two EIMCO 915 diesel scoops from service at the Cottonwood Mine. The order was based on severe blind spots and restricted visibility that could prevent operators from seeing vehicles or miners in the scoops' travel…
Energy Fuels Coal, Inc.
Mine ventilation citations affirmed with $194 penalty
Energy Fuels Coal was cited for shutting down its main fan when the mine was idle, using a PVC pipe in a ventilation control, and a related condition involving the approved ventilation plan. Judge Michael A. Lasher, Jr. approved a settlement modifying one citation's affected-person count from seven…
Energy Fuels Coal, Inc.
Coal-dust citation vacated and settlement citations modified
Energy Fuels Coal was assessed penalties for three citations at the Raton Creek Mine No. 1. Judge Michael A. Lasher, Jr. approved the parties' settlement of two citations, deleting their significant-and-substantial designations and assessing penalties of $68 and $42. He vacated the remaining…
Energy Fuels Coal, Inc.,
Energy Fuels Coal, Inc. (FMSHRC WEST 89-148): Settlement approved with $227 penalty
Energy Fuels Coal resolved three citations at the Southfield Mine through a settlement approved by Judge Michael A. Lasher, Jr. Two citations were modified to delete their significant-and-substantial designations, and the third was affirmed. The operator was ordered to pay $227 in total penalties…
Phelps Dodge Morenci, Inc.
Late discrimination complaint allowed to proceed
Phelps Dodge Morenci moved to dismiss Armando Rivas's discrimination complaint because he filed it about 174 days after his discharge, beyond the 60-day period in section 105(c) of the Mine Act. Judge Michael A. Lasher, Jr. found that Rivas had shown a significant mental impairment affecting his…
Channel & Basin Reclamation
Settlement approved for 22 violations
The Secretary and Channel & Basin Reclamation moved for approval of a settlement covering 22 violations in two civil penalty dockets. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed amounts listed in the order. The proposed penalties totaled $5,342, while the settlement…
Energy Fuels Coal, Inc.
Settlement approved and penalty reduced
Energy Fuels Coal and the Secretary settled related contest and civil penalty proceedings involving the Southfield Mine. The settlement removed the significant-and-substantial designation from Citation No. 2875336 and reduced its proposed penalty from $225 to $125. Withdrawal Order No. 3077162 was…
Energy Fuels Coal, Inc.
Partial settlement approved for $79
Energy Fuels Coal and the Secretary reached a partial settlement concerning Citation No. 3077180 at the Southfield Mine. Energy Fuels agreed to pay the proposed penalty of $79 in full and withdrew its contest. Judge Michael A. Lasher, Jr. approved the settlement and dismissed Contest Docket No…
Energy Fuels Coal, Inc.
Partial settlement approved for $481
Energy Fuels Coal operated the Southfield Mine. The parties reached a partial settlement resolving 10 contest proceedings related to the civil penalty case. Energy Fuels agreed to pay $481, including five penalties paid in full and five reduced penalties. Judge Michael A. Lasher, Jr. also removed…
Energy Fuels Coal, Inc.
$112 penalty settlement approved
Energy Fuels Coal and the Secretary settled the company's contest of Citation No. 3077177 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement and ordered the company to pay a $112 penalty within 30 days. He dismissed the contest, and the release states that no related…
Energy Fuels Coal, Inc.
Citation modified in settlement
Energy Fuels Coal agreed to settle its contest of Citation No. 3077178 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement, dismissed the contest, and modified the citation to delete the significant-and-substantial designation. The company was ordered to pay a $50 penalty…
Energy Fuels Coal, Inc.
Citation vacated
Energy Fuels Coal was involved in contest and civil penalty proceedings concerning enforcement documents at the Southfield Mine. For Citation No. 3077181, the Secretary determined that no violation had occurred and moved to vacate the citation. Judge Michael A. Lasher, Jr. approved that motion and…
Energy Fuels Coal, Inc.
$50 penalty settlement approved
Energy Fuels Coal and the Secretary reached a partial settlement over Citation No. 2875321 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved a $50 penalty instead of the original $98 assessment and approved the company's withdrawal of its contest. The WEST 89-274-R contest was…
Energy Fuels Coal, Inc.
Citation vacated in partial settlement
Energy Fuels Coal and the Secretary reached partial settlement agreements covering enforcement documents in a contest proceeding and a related civil penalty proceeding. Judge Michael A. Lasher, Jr. approved the agreement for Citation No. 2875322, vacated that citation, and dismissed the contest…
Energy Fuels Coal, Inc.
Penalty reduced in partial settlement
Energy Fuels Coal and the Secretary reached a partial settlement over Citation No. 2875334 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved a $100 penalty instead of the original $168 assessment and modified the citation to show one person affected. He dismissed the WEST 89-255-R…
Peabody Coal Company
Berm citation modified and penalty reduced
Peabody Coal Company operated the Big Sky Mine, where coal trucks and other vehicles used an elevated bench near a 15 to 20 foot drop. Judge Michael A. Lasher, Jr. found that the bench was an elevated roadway and that the inadequate berm violated the Mine Act's safety standard. He removed the…
Energy Fuels Coal, Inc.
Settlement modifies two enforcement documents
Energy Fuels Coal, Inc. resolved three enforcement documents concerning its Southfield Mine through a settlement. Judge Michael A. Lasher, Jr. removed the significant-and-substantial designation from one citation, affirmed another citation, and modified a withdrawal order into a section 104(a)…
Energy Fuels Coal, Inc.
Settlement vacated, modified, and affirmed citations
Energy Fuels Coal, Inc. agreed with the Secretary to resolve 10 enforcement documents at its Southfield Mine. Judge Michael A. Lasher, Jr. vacated two citations because the record did not support them, removed the significant-and-substantial designations from three citations, and affirmed five…
Asarco, Inc.
Discrimination proceeding settled and dismissed
Bruce Mitchell and Asarco, Inc. reached an amicable resolution of the discrimination proceeding. Through counsel, the parties filed a stipulation of voluntary dismissal with prejudice based on their settlement agreement. Judge Michael A. Lasher, Jr. treated the stipulation as a withdrawal of…
Ideal Basic Industries, Inc.
Discrimination settlement approved
Thirteen complainants and Ideal Basic Industries reached a settlement in a discrimination proceeding involving the Ada Quarry and Plant. The company agreed not to restrict employees solely because they filed state workers' compensation claims based on work-related disabilities, to comply with Mine…
Big Horn Calcium Company v. Secretary of Labor
Settlement approved with $2,776 in penalties
Big Horn Calcium Company resolved a group of contest and civil penalty proceedings involving its Warren Quarry and Mill. Judge Michael A. Lasher, Jr. approved the settlement, which reduced the negligence designations for one citation and one order, vacated another citation for insufficient…
Nevada Mineral Processing
Seven violations affirmed with $253 penalty
Nevada Mineral Processing operated a custom mill that was still under construction, with an assay area already processing mineral samples. Judge Michael A. Lasher, Jr. held that the facility was a mine covered by the Mine Act and that the operator was not entitled to a compliance-assistance visit…
Ideal Basic Industry/Cement Company
Settlement reached and discrimination proceeding dismissed
James H. Colquitt brought a discrimination proceeding against Ideal Basic Industry/Cement Company involving the Ada Quarry. The parties' lawyers executed a stipulation of voluntary dismissal and confirmed that they had reached a settlement. Judge Michael A. Lasher, Jr. dismissed the proceeding with…
Moniteau County Commission
Reporting citation vacated and case dismissed
Moniteau County Commission was cited for failing to file a quarterly mine employment report for its maintenance shop. After a hearing, MSHA determined that the operation was a borrow pit outside Mine Act coverage in the circumstances presented. Judge Michael A. Lasher, Jr. granted MSHA's motion to…
Amax Potash Corporation
Ground-control order affirmed with a $700 penalty
MSHA cited Amax Potash after inspectors found loose and unsupported roof in several areas of the company's underground potash mine. Judge Michael A. Lasher, Jr. found that the conditions created a hazard, were significant and substantial, and constituted an imminent danger because miners could be…
Skelton Incorporated
Late production report citation affirmed
MSHA cited Skelton Incorporated after the operator filed a required quarterly production report late for its El Jay Mine in Colorado. The operator did not appear at the hearing. Judge Michael A. Lasher, Jr. found that 30 C.F.R. § 50.30 required the report within 15 days after the end of the…
FMC Wyoming Corporation
Penalty-payment dismissal denied after mistake shown
FMC Wyoming contested a citation at the FMC Trona Mine and later paid a combined assessment covering that citation and three others. The Secretary moved to dismiss the contest based on the payment. FMC responded that the payment for the disputed citation was made by mistake and supported that…
Mid-Continent Resources, Inc.
Evidence on alleged enforcement abuse excluded
Mid-Continent Resources wanted to present evidence that MSHA's enforcement documents reflected a pattern of harassment and enforcement abuse. The Secretary asked the judge to exclude that evidence and evidence about whether MSHA followed its own penalty-proposal regulations. Judge Michael A…
Mid-Continent Resources, Inc.
Evidence on alleged enforcement abuse excluded
Mid-Continent Resources wanted to present evidence that MSHA's enforcement documents reflected a pattern of harassment and enforcement abuse. The Secretary asked the judge to exclude that evidence and evidence about whether MSHA followed its own penalty-proposal regulations. Judge Michael 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.