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.
Stoneway Concrete
Penalty proceeding dismissed for failure to prosecute
Stoneway Concrete requested a hearing on a civil penalty matter, but the Solicitor did not file the penalty petition after repeated reminders. Judge Paul Merlin issued a show-cause order, and the Solicitor still did not respond. Because the case had been pending for more than a year without the…
Deatley Company
Penalty proceeding dismissed for failure to prosecute
Deatley Company requested a hearing in a civil penalty matter, but the Solicitor did not file the penalty petition. The Commission's Docket Office reminded the Solicitor to file it and later issued a show-cause order after the penalty proposal was still missing. The Solicitor did not respond. Judge…
Consolidation Coal Company
Unwarrantable-failure order modified and $750 penalty assessed
Consolidation Coal admitted a ventilation violation and its significant-and-substantial designation after an inspector found only 4,930 CFM of air where the mine's approved plan required 6,000 CFM. Judge Paul Merlin found that the evidence did not establish that the defective tubing or a misplaced…
Consolidation Coal Company
Preshift-examination order modified
MSHA alleged that Consolidation Coal Company failed to conduct and record preshift examinations in a coal-mine tailgate entry where miners were working near water, trip hazards, and unstable roof. Judge Paul Merlin found the failure to conduct a preshift examination was significant and substantial…
Wallace Brothers
Untimely contest dismissed
Wallace Brothers sought review of proposed civil penalty assessments after learning that the assessments had become final because they were not contested within 30 days. Judge Paul Merlin held that the Commission lacked jurisdiction to excuse the late contest. The operator's communications with…
Consolidation Coal Company
Five citations settled for $538
Consolidation Coal faced five citations involving ventilation stoppings, an unmarked circuit breaker, a high-voltage cable on the mine floor, and excessive spacing between fire hose outlets. The parties agreed to remove the significant-and-substantial designations and settle the five citations for…
Consolidation Coal Company
Settlements approved, citation modified, and citation vacated
Consolidation Coal reached settlements covering roof support, an electrical pump, an unreported silo fire, and an allegedly inadequate preshift examination. Judge Paul Merlin approved the settlements, modified the roof-support citation to non-S&S with a $155 penalty, and kept the $259 penalty for…
Wallace Brothers
Late contest dismissed for lack of jurisdiction
Wallace Brothers received three citations at its portable crusher but did not contest the proposed assessment within 30 days. The operator's counsel later argued that MSHA had not served counsel with the assessment, that the operator had been denied a health and safety conference, and that the late…
T & H Coal Company, Inc.
Penalty approved and case dismissed after payment
T & H Coal Company withdrew its contest of the proposed penalty for a respirable-dust citation and paid the penalty. The citation alleged that respirable dust had been intentionally removed from samples before they were submitted to MSHA. Judge Paul Merlin reviewed the penalty under the Mine Act's…
Peters & Garman Construction
Defaults vacated and settlements approved
Peters & Garman Construction and the Secretary reached settlements in two civil penalty proceedings, but the settlement papers were delayed while the operator's counsel was out of state. Judge Paul Merlin found that relief from default was warranted because default is a harsh remedy and the parties…
Consolidation Coal Company
Discrimination complaint withdrawn and dismissed
J. Mike Plevich filed a Mine Act discrimination complaint against Consolidation Coal Company. He later withdrew the complaint after receiving favorable results through a grievance procedure. Judge Paul Merlin granted the withdrawal request and dismissed the case. No civil penalty was assessed.
Donald Case
Decertification contest dismissed
Donald Case challenged the proposed revocation of his certification to take respirable-dust samples. Judge Paul Merlin found that the issues were the same as those decided in Roberts v. Secretary, and that the Roberts decision controlled. The judge held that Case had due-process interests arising…
Steven Perkins
Contest proceedings dismissed
Steven Perkins challenged the proposed revocation of his certification to take respirable-dust samples. The Secretary moved to dismiss, and the cases were governed by the ALJ's ruling in Roberts v. Secretary, Docket No. KENT 91-896-R. Judge Paul Merlin held that Perkins's certification rights were…
Daniel Serge
Contest proceedings dismissed
Daniel Serge challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with dust cassettes. Judge Paul Merlin held that Serge's certification interests were entitled to…
Kevin Tustin
Contest notices dismissed for lack of jurisdiction
Kevin Tustin challenged the Secretary of Labor's proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with dust cassettes. Judge Paul Merlin held that, although Tustin's certification…
Sandra Eastham
Contest proceedings dismissed
Sandra Eastham challenged the proposed revocation of her certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Eastham's certification interests were entitled to…
Daniel Serge
Contest proceeding dismissed
Daniel Serge challenged a proposed revocation of his certification to take respirable-dust samples. The Secretary moved to dismiss, and Serge relied on the result in Roberts v. Secretary, Docket No. KENT 91-896-R. Judge Paul Merlin held that Serge's certification rights were entitled to due-process…
Patrick Henry Fluty
Contest proceedings dismissed
Patrick Henry Fluty challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Eastern Mingo Coal Company for allegedly tampering with a dust cassette, and Fluty was identified as the operator's safety supervisor. Judge Paul…
Kimmie Noah
Contest proceedings dismissed
Kimmie Noah challenged the proposed revocation of certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Noah's certification interests were entitled to due-process…
Larry Flynn
Decertification contest dismissed
Larry Flynn challenged the proposed revocation of his certification to take respirable-dust samples. The Secretary's motion to dismiss was briefly late, but Judge Paul Merlin found no prejudice and treated the matter as ready for decision. Applying the ruling in Roberts v. Secretary, the judge held…
James Jack
Contest proceedings dismissed
James Jack challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Jack's certification interests were entitled to…
Benny Johnson
Contest proceedings dismissed
Benny Johnson challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Island Creek Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Johnson's certification interests were entitled to…
Paul Cotton
And related contestants (FMSHRC KENT 91-897-R and related dockets): Contest proceedings dismissed
Paul Cotton and eight other contestants challenged proposed revocations of their certifications to take respirable-dust samples. The parties agreed that the decision in Brent Roberts v. Secretary, Docket No. KENT 91-896-R, controlled the issues in these cases. Judge Paul Merlin entered dismissal…
Brent Roberts
Certification revocation contest dismissed
Brent Roberts challenged a proposed revocation of his certification to collect respirable-dust samples after MSHA alleged that dust samples connected to him had not been properly collected. Judge Paul Merlin held that the certification was a property right entitled to appropriate due-process…
James D. McMillen, Employed by Shillelagh Mining Company
$3,000 settlement approved
James D. McMillen, employed by Shillelagh Mining Company, was the respondent in a civil penalty proceeding involving the No. 5 Mine. The parties agreed to settle the matter for $3,000. Judge Paul Merlin approved the settlement under the provisions of the Mine Act. The operator was ordered to pay…
Consolidation Coal Company
Respirable-dust citation affirmed as S&S with $300 penalty
Consolidation Coal's Ireland Mine was cited after five respirable-dust samples averaged 2.1 milligrams per cubic meter, above the 2.0 mg/m³ limit in 30 C.F.R. § 70.100(a). The judge treated the admitted overexposure as significant and substantial under Commission precedent, and noted a prior…
Keystone Coal Mining Corporation
Float coal dust citation settled for $800
MSHA cited Keystone Coal Mining for allowing float coal dust to accumulate on rock-dusted surfaces in the immediate return at the Jane Mine. The citation was originally assessed at $1,200 and was modified from a 104(d)(1) citation to a 104(a) citation because the operator's conduct did not rise to…
Keystone Coal Mining Corporation
Three accumulation orders settled for $2,250
Keystone Coal Mining faced three orders alleging that coal, coal dust, and gobbed materials had accumulated in underground working areas in violation of 30 C.F.R. § 75.400. The proposed settlement reduced the originally assessed penalties from a combined $3,700 to $2,250. Judge Paul Merlin accepted…
M. Jamieson Company
Late penalty filing accepted
The Secretary filed a civil penalty petition after the deadline because the case file had been placed with another pending matter. The Chief Administrative Law Judge found that the delay was relatively short, the response to the show-cause order was prompt, and the operator had not shown prejudice…
Consolidation Coal Company v. Secretary of Labor
Interlocutory appeal certification denied
Consolidation Coal asked Judge Paul Merlin to certify his earlier order denying the operator’s motion to dismiss for interlocutory appeal. The judge explained that certification under 29 C.F.R. § 2700.74 is discretionary and reserved for exceptional cases. He found that the factual issues appeared…
A. H. Smith Stone Company
Default entered and case dismissed
A. H. Smith Stone Company failed to timely answer a show cause order in a civil penalty proceeding involving its Branchville Mine. Judge Paul Merlin considered the operator's explanations that research would be difficult because former employees were unavailable and that the order had been…
Secretary of Labor v. George's Branch Coal, Incorporated
Default ordered for $882.67
George's Branch Coal requested a hearing on a proposed civil penalty and later discussed a possible settlement with the Secretary's solicitor. The company did not return the proposed joint settlement motion, did not respond to a show-cause order, and then sent a $441.33 check without an agreement…
Secretary of Labor v. Consolidation Coal Company
Mixed settlement order with one citation vacated
Consolidation Coal Company faced alleged violations at several West Virginia mines involving belt examinations, unsupported roof, obstructions, roof supports, fire sensors, haulage protection, ventilation, float coal dust, bleeder evaluation, combustible material, and preshift examinations. Judge…
Secretary of Labor v. Arthur Overgaard-Div./Mathy Construction Company
Settlement approved after fatal tail-pulley accident
The Secretary alleged that a 52-inch self-cleaning tail pulley on a crusher discharge belt conveyor was not guarded, and an employee became entangled and suffered fatal injuries. The violation was cited under 30 C.F.R. § 56.14001. The parties proposed reducing the penalty from $5,000 to $3,700…
Secretary of Labor v. Coal Junction Coal Company, Inc.
Civil penalty proceeding dismissed
The Secretary brought a civil penalty proceeding against Coal Junction Coal Company, Inc. The Administrative Law Judge granted the Solicitor's motion and dismissed the case. The short order does not state the reason for the motion or address any mine-safety standard.
Moltan Company
Settlement approval denied pending information
This civil penalty proceeding involved two citations at Moltan Company's mine. Judge Paul Merlin approved a $20 settlement for Citation No. 3253027. He declined to approve the proposed reduction of Citation No. 03252473 from $98 to $20 because the record described exposure to bare 480-volt…
A. H. Smith Stone Company
Mixed citation results and $2,937 penalty
A. H. Smith Stone Company faced civil penalties in two dockets involving machinery guards, electrical equipment, protective equipment, and other mine conditions. Judge Paul Merlin affirmed a guard violation but vacated its significant-and-substantial finding and assessed a $175 penalty. He affirmed…
Consolidation Coal Company
Roof-control order modified and settlement approved
MSHA alleged that loose, unsupported roof material remained in a belt-conveyor entry at Consolidation Coal's Robinson Run No. 95 Mine. Judge Paul Merlin found a violation of 30 C.F.R. § 75.202(a) and found it significant and substantial, but vacated the unwarrantable-failure finding because the…
L & L Gravel
Amended default order directs payment of $74
L & L Gravel was involved in a civil penalty proceeding concerning Portable Dredge No. 1. The Chief Administrative Law Judge explained that the earlier default order had treated three citations as still pending even though one had been vacated. He entered default on the remaining two citations and…
Consolidation Coal Company
Late accident report settlement approved at $75
Consolidation Coal operated the Blacksville No. 1 Mine. The operator submitted an accident report one day late, violating 30 C.F.R. § 50.20(a). Judge Paul Merlin found that the holiday weekend greatly mitigated negligence, approved the parties' settlement, and assessed a $75 penalty instead of the…
C. W. Mining Company
Partial settlement approved, remaining violation decided by default
C. W. Mining Company operated the Bear Canyon No. 1 Mine. The Secretary proposed settlements for two violations, involving a belt control switch and compliance with the roof control plan, reducing the penalties from $192 to $134 and from $294 to $206. Judge Paul Merlin approved those settlements…
Camp Fork Fuel Company
Penalties paid after remand and case dismissed
Camp Fork Fuel Company had five uncontested violations in a civil penalty proceeding. After the Commission vacated an earlier dismissal and remanded the case because the assessed penalty had not been paid, MSHA reported that the company had paid $441 toward this assessment and later sent another…
Warren E. Manter Company, Inc.
Three citations affirmed with reduced penalties
Warren E. Manter Company was cited for four conditions at its Richardson Pit Mine, including a discharged fire extinguisher, an oily generator-trailer walkway, an exposed electrical junction box, and missing conveyor guards. The judge vacated the fire-extinguisher citation because the evidence did…
Pomerleau Brothers, Inc.
Settlement approved for haulage and equipment violations
Pomerleau Brothers, Inc. operated Chelmsford Mill. The case involved three civil penalties, including violations concerning a truck's brakes and other equipment conditions. Judge Paul Merlin approved the parties' settlement recommendations for the original penalty amounts and found that a $500…
Southern Hills Mining
Discrimination case dismissed after no response
Gary Smith filed a discrimination complaint against Southern Hills Mining concerning Mine No. 2. The judge later ordered Smith to provide information about the complaint or explain why he had not done so. The order was delivered by certified mail, but Smith did not respond. Chief Administrative Law…
McFarland & Hullinger
Settlement approved after fatal dump-truck accident
McFarland & Hullinger faced three violations at the Kennecott Carr Fork operation. One remaining citation involved a dump truck left on a grade without its wheels blocked or turned into a bank or rib. The truck rolled, and driver Melvin Steward was fatally injured while trying to climb aboard…
Jim Walter Resources, Inc.
Self-rescuer training citation vacated
MSHA cited Jim Walter Resources after interviews suggested that five miners did not know how to put on self-contained self-rescuers. The judge found that 30 C.F.R. § 75.1714(c)(2) required hands-on training, not the inspector's extra requirement that every interviewed miner demonstrate perfect…
Consolidation Coal Company
Discrimination complaints dismissed
Randy G. Cunningham filed two Mine Act discrimination complaints against Consolidation Coal Company. The Commission issued show-cause orders seeking information about the complaints and gave Cunningham an opportunity to explain the failure to respond. The records showed that he received the orders…
Consolidation Coal Company
One citation vacated and two orders affirmed
Consolidation Coal was assessed civil penalties for three alleged safety violations at its Robinson Run No. 95 Mine. The judge dismissed the penalty petition for an injury-reporting citation after the Secretary advised that MSHA was vacating it. The judge found that welding outside a shop was not…
Columbia Portland Cement Company
Settlement approved and $391 payment ordered
Columbia Portland Cement Company faced five violations at the Jonathan Limestone Mine. Judge Paul Merlin first required more information about a settlement for a grounding-conductor violation under 30 C.F.R. § 56.12025, then approved the amended settlement after the Secretary explained the…
Columbia Portland Cement Company
Settlement approved and $831 payment ordered
Columbia Portland Cement Company faced six citations originally assessed at a total of $831. After an earlier settlement proposal for $467.50 was disapproved, the Secretary submitted an amended motion returning to the original amounts. Chief Administrative Law Judge Paul Merlin approved the…
Columbia Portland Cement Company
Settlement approved and $2,603 payment ordered
Columbia Portland Cement Company faced 20 citations originally assessed at a total of $2,603. After an earlier settlement proposal for $1,463.80 was disapproved, the Secretary submitted an amended motion returning to the original amounts. Chief Administrative Law Judge Paul Merlin approved the…
Columbia Portland Cement Company
Sixteen settlements approved and $320 payment ordered
Columbia Portland Cement Company faced 20 violations at the Jonathan Limestone Mine, each originally assessed at $20. Four settlements had already been approved, and Chief Administrative Law Judge Paul Merlin approved the proposed settlements for the remaining 16 citations after the Secretary…
Columbia Portland Cement Company
Nineteen settlements approved and $380 payment ordered
Columbia Portland Cement Company faced 20 violations at the Jonathan Limestone Mine, each originally assessed at $20. One settlement had already been approved, and Chief Administrative Law Judge Paul Merlin approved the proposed settlements for the remaining 19 citations after the Secretary…
Consolidation Coal Company
Three settlements approved and $2,200 payment ordered
Consolidation Coal Company agreed to settle three orders issued at the Robinson Run No. 95 Mine. The settlements reduced the assessments for combustible material along a belt conveyor from $1,100 to $850 and for a missing track-switch barrel from $1,000 to $650, while leaving a $700 roof-plan…
Consolidation Coal Company
Partial settlement approved and injury-report citation vacated
Consolidation Coal Company faced six alleged violations involving injury reporting at the Shoemaker Mine. Five citations were settled for $170 each, and Judge Paul Merlin approved those settlements after considering the Mine Act's penalty criteria. The judge found that the evidence did not…
Consolidation Coal Company
Partial settlement approved and injury-report citation vacated
Consolidation Coal Company faced six alleged violations involving injury reporting at the Shoemaker Mine. Five citations were settled for $170 each, and Judge Paul Merlin approved those settlements after considering the Mine Act's penalty criteria. The judge found that the evidence did not…
Consolidation Coal Company
Settlement reduction disapproved and information ordered
Consolidation Coal Company was cited because six miners at the Robinson Run Mine were not wearing distinctively colored hard hats. The Secretary proposed reducing the $311 penalty to $250, citing lower gravity and the miners' temporary maintenance assignment. Judge Paul Merlin found that the…
Patrick J. Burns v. Gary Klinefelter (U. S. Steel Company)
Patrick J. Burns v. Gary Klinefelter (FMSHRC PENN 88-4-D): Discrimination complaint dismissed
Patrick J. Burns filed a Mine Act discrimination complaint against Gary Klinefelter, identified in the release as associated with U.S. Steel Company. The complaint was filed under section 105(c) on October 5, 1987. After the Commission requested information and later issued a show-cause order…
Patrick J. Burns v. Gary Klinefelter (U.S. Steel Company)
Patrick J. Burns v. Gary Klinefelter (FMSHRC PENN 88-4-D): Discrimination complaint dismissed
Patrick J. Burns filed a Mine Act discrimination complaint against Gary Klinefelter, identified in the release as associated with U.S. Steel Company. The complaint was filed under section 105(c) on October 5, 1987. After the Commission requested information and later issued a show-cause order…
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.