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.
Southern Ohio Coal Company
Safeguard order modified on remand
These Southern Ohio Coal proceedings returned to Judge Roy J. Maurer after the Commission directed further consideration of the significant-and-substantial finding, unwarrantable-failure finding, and penalty for Order No. 2705915. The Judge denied the operator's motion to reopen for more evidence…
Jericol Mining Inc.
Discrimination complaint dismissed
David Johnson asked to withdraw his discrimination complaint against Jericol Mining Inc. because he no longer wanted a hearing. Judge Roy J. Maurer granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Joseph Stora v. Southern Ohio Coal Company
Discrimination complaint dismissed
Joseph Stora alleged that Southern Ohio Coal Company discharged him for working under unsupported roof while other employees were not discharged for similar conduct. He also acknowledged the roof violation and disputed the company's claim of a continuing pattern of unsatisfactory work. Judge Roy J…
Rivco Dredging Corporation
Untimely contests dismissed
Rivco Dredging Corporation sought to contest two citations issued on September 17, 1987. The company did not notify the Secretary of Labor or the Commission of its intent to contest until after the 30-day statutory deadline. Judge Roy J. Maurer held that the late filings deprived the Commission of…
Zeigler Coal Company
Withdrawal order modified to citation with $400 penalty
Zeigler Coal Company was cited after a machine operator worked 3.5 feet beyond the last row of permanent roof support at the Zeigler No. 5 Mine. Judge Roy J. Maurer found a violation of the roof-control standard and determined that it was significant and substantial. He found no evidence of…
Karl's Drilling Co., Inc.
Settlement withdrawal granted and discrimination case dismissed
The Secretary of Labor, on behalf of John P. Grinder, asked to withdraw the discrimination complaint against Karl's Drilling after the parties reached a mutually agreeable settlement. Grinder consented to the withdrawal. Judge Roy J. Maurer granted permission to withdraw the complaint under 29…
Greenwich Collieries, Division of Pennsylvania Mines Corporation
Five withdrawal orders modified to section 104(a) citations
After a methane explosion at Greenwich No. 1 mine killed three miners and injured eleven, MSHA issued five section 104(d)(1) withdrawal orders tied to alleged violations. Greenwich argued that the orders were invalid because they were not issued within 90 days of the underlying citation and were…
Otis Elevator Company
Elevator governor-rope citation affirmed with $750 penalty
Otis Elevator Company maintained two elevators at the Greenwich No. 1 Mine under a service contract with the mine operator. The judge found that Otis was an independent contractor and therefore an operator under the Mine Act. He concluded that an improperly installed governor rope made the elevator…
American Standard Coal Sales, Inc., H. Cameron Coal Co., Inc., Scarab Energy Corp., and Winston Meredith
American Standard Coal Sales, Inc. and related respondents (FMSHRC SE 86-98-D and SE 86-99-D): Discrimination proceedings dismissed after settlement withdrawal
Charles McGhee and Jackie Lowe asked to withdraw their discrimination complaints against American Standard Coal Sales, H. Cameron Coal, Scarab Energy, and Winston Meredith after reaching a mutually agreeable settlement. Judge Roy J. Maurer granted permission to withdraw under 29 C.F.R. § 2700.11…
Buckeye Industrial Mining Company, Inc.
Discrimination complaint dismissed
Richard W. Peters alleged that Buckeye Industrial Mining Company, Inc. reassigned him from truck driving to lower-paid laborer work after a job accident and his safety complaints about the truck's brakes. Judge Roy J. Maurer found that Peters engaged in protected activity by raising the brake…
Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation
Discrimination settlement approved for $16,365
Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation settled James C. Gray, Jr.'s discrimination proceeding. The companies agreed to pay Gray $16,365 and remove references to his discharge from his employment record, while the Secretary waived pre-judgment interest and the…
Western Fuels-Utah, Inc.
Roof-bolter task-training violation affirmed
Western Fuels-Utah operated the Deserado Mine in Colorado. A section foreman operated a roof-bolting machine without task training under 30 C.F.R. § 48.7, and the operator argued that state-certified supervisors were exempt. Judge Roy J. Maurer held that the exemption applies only while supervisory…
Consolidation Coal Company
Eight fire-program citations affirmed
Consolidation Coal Company operated the eight underground coal mines named in the decision. MSHA cited each mine after finding that its approved fire-fighting and evacuation programs were outdated and that the operator was not using an approved program to train miners. Judge Roy J. Maurer found…
Peabody Coal Company
Discrimination settlement approved and case dismissed
The Secretary reported that David Ward had received or would receive all relief sought in his discrimination case against Peabody Coal. The assessed $1,000 penalty had also been paid. Judge Roy J. Maurer found the settlement consistent with the purposes and spirit of the statute, approved it, and…
Valley Camp Coal Company (Donaldson Mining Company)
Valley Camp Coal Company (FMSHRC WEVA 87-79-D): Discrimination complaint dismissed after settlement
The Secretary of Labor, on behalf of Ronald G. Nelson, sought to withdraw a discrimination complaint against Valley Camp Coal Company, identified in the decision as Donaldson Mining Company. The request stated that the parties had reached a mutually agreeable settlement, and Nelson consented to the…
Larry D. Scroggins v. Peabody Coal Company
Discrimination complaint dismissed after withdrawal
Larry D. Scroggins brought a discrimination proceeding against Peabody Coal Company. He moved to withdraw his complaint. Judge Roy J. Maurer found good cause and granted the motion. The case was dismissed.
Southern Ohio Coal Company
Electrical-protection order modified and settlements approved
Southern Ohio Coal Company challenged three orders issued at its Martinka No. 1 Mine, and the Secretary proposed penalties totaling $2,200. The parties settled two orders for $500 each. Judge Roy J. Maurer found that the remaining order correctly identified inadequate short-circuit protection for a…
Western Fuels-Utah, Inc.
Roof-support citation affirmed with $250 penalty
MSHA cited Western Fuels after miner Austin Mullens went about seven feet beyond permanent roof support while trying to retrieve a pan and was killed by a falling rock at the Deserado Mine. Judge Roy J. Maurer found that the conduct violated 30 C.F.R. § 75.200 and was significant and substantial…
Solar Fuel Company, Inc.
One citation vacated, one modified, and $205 assessed
MSHA cited Solar Fuel Company at the Solar No. 10 Mine for electrical equipment near pillar workings, inadequate airflow, and other conditions. Judge Roy J. Maurer vacated Citation No. 2694689, modified Citation No. 2694571 to remove its significant-and-substantial designation, and affirmed the…
Southern Ohio Coal Company
Two orders vacated and one settlement approved
Southern Ohio Coal challenged two enforcement orders at the Martinka No. 1 Mine and faced related civil penalty proposals. Judge Roy J. Maurer vacated one order because the safeguard requiring 24 inches of clearance around coal feeders was a general requirement that should have been adopted through…
Falcon Coal Company
Discrimination complaint dismissed
Dairl Eddington alleged that Falcon Coal Company discriminated against him when it disqualified him for a mine position that was later filled by a superintendent's relative. Judge Roy J. Maurer treated the company's response as a motion to dismiss and accepted the complaint's well-pleaded facts for…
Falcon Coal Company
Discrimination complaint dismissed
Dairl Eddington alleged that Falcon Coal Company discriminated against him when it disqualified him for a mine position that was later filled by a superintendent's relative. Judge Roy J. Maurer treated the company's response as a motion to dismiss and accepted the complaint's well-pleaded facts for…
Kitt Energy Corporation
Back pay and remedies ordered after discrimination finding
An earlier decision found that Kitt Energy Corporation discriminated against 26 complainants under section 105(c) of the Mine Act. In this supplemental decision, Judge Roy J. Maurer rejected the United Mine Workers of America's request for additional weekend overtime pay because the claim was…
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.