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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Energy Trucking, Inc.
Training and parking violations affirmed
Energy Trucking hauled uranium ore to the White Mesa Mill with about 15 drivers at the time of the cited conduct. The Judge found that the company had not provided the required training for newly employed experienced miners and that an unattended dumper tractor was left on a grade without its…
Windsor Coal Company
Coal-dust citation affirmed with $4,000 penalty
Windsor Coal operated the Windsor Mine, where MSHA found extensive accumulations of loose coal and coal dust along the No. 9 conveyor belt. Judge William Fauver found a violation of 30 C.F.R. § 75.400 and concluded that the condition was significant and substantial and caused by unwarrantable…
Midwest Materials Company
Settlement approved for $15,000
Midwest Materials Company faced a civil penalty proceeding at its Lacon Plant. The judge approved the parties' settlement after finding it consistent with the Mine Act's penalty criteria. The company was ordered to pay $15,000, including $1,500 already received and a $13,500 balance in 12 monthly…
Apex Minerals, Inc.
Water-outburst citation vacated
Apex Minerals contested a citation issued after a water outburst from old mine workings near its Apex No. 1 Mine. The ALJ found that the outburst occurred in Eastern Mine No. 7, outside Apex's sealed mining area, and that Apex had no physical connection or legal responsibility for that mine after…
Bruce Young and Yogo, Inc.
Attorney-fee payment order after settlement
Andy Howard, Jr. brought a discrimination proceeding against Bruce Young and Yogo, Inc. The parties had previously reached a settlement, but Howard later sought payment of the settlement and related attorney fees. After an earlier order required payment, Howard moved again to compel payment of…
Bob Bak Construction
Mine safety violations affirmed with penalties reduced
Bob Bak Construction operated a sand and gravel mine in South Dakota. After three inspections, MSHA issued 24 citations and orders involving defective mobile equipment, missing guards and electrical protections, inadequate emergency facilities, and violations of closure and imminent-danger orders…
James M. Ray, employed by Leo Journagan Construction
EAJA fee application denied
James M. Ray sought attorney fees and litigation expenses under the Equal Access to Justice Act after the Secretary brought Mine Act charges against him individually. The underlying case involved employees working around a crusher and removing rocks from a hopper, including alleged failures to…
Bobby Joe Hensley and Day Branch Coal Company
Contest proceedings dismissed
Bobby Joe Hensley and Day Branch Coal Company contested numerous proposed civil penalties involving Kentucky mines. The Secretary moved to dismiss because the contestants did not request hearings after receiving the penalty proposals. Judge Fauver found that the proposals became final Commission…
Jim Walter Resources, Inc.
Diesel vehicle citation affirmed
Jim Walter Resources operated an underground coal mine where nonpermissible diesel-powered buses and locomotives were used within 150 feet of pillar workings. The judge considered whether the Mine Act standard for permissible electric equipment applied to those vehicles and their electrical…
Ambrosia Coal & Construction Company
Penalties reassessed on remand
The Commission remanded two Ambrosia Coal cases to Judge William Fauver for reassessment of civil penalties. The judge ordered the Secretary to propose revised penalties and explain them consistently with the Commission's decision and the Commission's penalty precedent. Ambrosia and the other…
Falkirk Mining Company
Discrimination complaint dismissed
Harold Holtz, a coal hauler operator at Falkirk Mining Company, claimed that the company put him on six months of probation in retaliation for his safety complaints and other protected activity under section 105(c) of the Mine Act. The judge found that Holtz had engaged in protected activity, but…
Jim Walter Resources, Inc.
Combustible-accumulation order affirmed
Jim Walter Resources operated the No. 7 underground coal mine in Alabama. An MSHA inspector found extensive accumulations of loose coal, coal dust, and float coal dust along a 3,500-foot belt entry, including rollers submerged in dust and hot rollers and rubbing points that could ignite combustible…
United Mine Workers of America, Local 1058, District 31 v. Consolidation Coal Company
Compensation ordered under stipulated liability
United Mine Workers of America, Local 1058, sought compensation for miners at Consolidation Coal’s Humphrey No. 7 Mine under section 111 of the Mine Act. After the judge entered a liability decision on April 3, 1996, the parties stipulated to the compensation and interest due. Judge William Fauver…
Nelson Brothers Inc.
Tanker-truck fall protection citation and imminent-danger order affirmed
Nelson Brothers supplied blasting agents and technical assistance to mines and used tanker trucks to transport emulsion. A driver was working on top of a tanker about nine feet above the ground without guard rails or a safety belt and line while opening portholes and removing material. Judge…
Consolidation Coal Company
Miners held entitled to compensation after withdrawal order
About 35 day-shift miners at Consolidation Coal Company's Humphrey No. 7 Mine were waiting at a portal after an elevator malfunctioned. MSHA later issued an oral section 103(k) withdrawal order barring anyone from using the elevator, and the company sent the miners home. Judge William Fauver found…
Freeman United Coal Mining
Walkway citation affirmed after collapse injured four workers
Freeman United operated the Orient No. 6 coal mine, where an elevated walkway in an old preparation plant collapsed and four men fell about 17 feet onto a concrete floor and were severely injured. The judge found that the walkway was not maintained in good repair as required by 30 C.F.R. § 77.200…
U.S. Coal, Incorporated
Remand reduces two penalties to $2,000 each
U.S. Coal's electrician worked on an energized 480-volt circuit without de-energizing it or locking out and tagging the disconnecting devices. He suffered an electrical shock and burns, and later experienced lasting work-related impairments described in the decision. The Commission held that the…
Hobert Vernon Gentry, employed by Gentry Brothers Trucking Co., Inc.
Individual liability affirmed and $7,500 penalty assessed
Hobert Vernon Gentry personally directed a small coal-hauling contractor that operated at the West Volunteer Mine. The judge found that Gentry knew a truck had defective brakes, failed to record the defects, and kept the truck in service while awaiting brake parts. During a later haul, the truck's…
Kerry Coal Company
Imminent-danger order and citations affirmed
Kerry Coal Company operated a surface coal mine where a front-end loader worked beneath an unstable spoil bank and an active overhang. Rocks and other spoil material were falling near the loader, and large cracks showed that the spoil banks were unstable and too steeply sloped. Judge William Fauver…
Cyprus Emerald Resources Corporation
Refuse-pile violations affirmed
Cyprus Emerald Resources operated Emerald No. 1 Mine, where coal refuse was placed in an unstable pile beside a slurry pond. The pile failed twice, including an incident in which a bulldozer and its operator slid down the pile and the operator had to be helped out with ropes. Judge William Fauver…
Willie Sizemore v. Andalex Resources, Inc.
Settlement approved and case dismissed
Willie Sizemore and Andalex Resources asked the judge to approve a settlement in a Mine Act discrimination proceeding involving Island Mine No. 3. Judge William Fauver approved the settlement agreement, canceled the scheduled hearing, and dismissed the proceeding with prejudice. The decision does…
Amax Coal Company
Coal accumulation orders partly resolved
Amax Coal Company operated the Wabash Mine, a large underground coal mine. The case involved three orders alleging violations of the Mine Act and 30 C.F.R. § 75.400, which requires combustible materials to be cleaned up and not allowed to accumulate in active workings. The judge approved an $8,000…
Ky Harlan Coal Co., Inc.
$4,000 settlement approved
Ky Harlan Coal Co., Inc. was the respondent in a civil penalty proceeding involving its Prep Plant and Loading operation. After a hearing, the parties jointly moved to approve a settlement. Judge William Fauver found the settlement consistent with the purposes of section 110(i) of the Mine Act and…
Consolidation Coal Company
Three safety orders affirmed with $9,600 penalty
Consolidation Coal was cited at its Arkwright No. 1 underground coal mine for three alleged safety violations. The ALJ found that a water pump lacked required fire protection, combustible material had accumulated around a belt-line pony drive, and a stopping created about 600 feet of dead air where…
Mingo Logan Coal Company
Smoking-materials citation affirmed
Mingo Logan Coal Company operated the Mountaineer Mine, where a contractor was mining in an underground section. Inspectors found 13 cigarettes and a butane lighter on a roof bolter and issued a citation under the rule barring smoking materials underground. Judge William Fauver held the mine…
Nats Creek Mining Company
Ten citations and two imminent-danger orders affirmed
Nats Creek Mining operated the Sugarloaf No. 2 underground coal mine in Kentucky. After a fatal accident involving a scoop operator, MSHA cited the mine for missing or inoperative methane monitors and an inoperative fire-suppression system on scoops. MSHA also cited an underground battery charging…
Birchfield Mining, Inc.
Settlement approved for $800
Birchfield Mining contested a Mine Act withdrawal order and faced a related civil penalty proceeding. The parties asked the judge to approve a settlement. Judge William Fauver found the settlement consistent with the purposes of the Mine Act, approved it, and ordered Birchfield to pay $800 within…
Lion Mining Company
Imminent-danger withdrawal order affirmed
Lion Mining operated the Grove No. 1 underground coal mine. After methane levels in a bleeder system rose above five percent, the mine was evacuated, equipment was deenergized, and ventilation was increased. MSHA issued a section 107(a) imminent-danger order, and Lion Mining argued that the order…
Kennie-Wayne Incorporated
$40,454 penalty upheld despite financial hardship claim
Kennie-Wayne Incorporated, a contract coal miner, did not contest the citations and orders, which the judge had already affirmed. The company asked for a penalty reduction, arguing that paying the proposed $40,454 would impair its ability to stay in business. The judge found that the company had…
Thomas Detamore and Edward T. Songer, employed by Pounding Mill Quarry Corp.
Thomas Detamore and Edward T. Songer (FMSHRC WEVA 93-416-M and WEVA 93-417-M): Individual penalties assessed after fatal explosives accident
Thomas Detamore and Edward T. Songer were, respectively, general superintendent and foreman at Pounding Mill Quarry's Mercer Crushed Stone Mine. After undetonated explosives were found in a muckpile, they directed miners to continue normal production, and the judge found that they knowingly…
James D. Waters v. IMC Fertilizer, Inc.
Discriminatory termination found after safety complaints
James D. Waters was a manager at IMC Fertilizer's Carlsbad, New Mexico mine who raised safety concerns about a supervisor's conduct and the use of PVC pipe to transfer acid. IMC terminated him in a reduction in force, while other managers at his level received retirement or transfer options. Judge…
Ambrosia Coal & Construction Company
Highlift violations affirmed and penalties assessed
Ambrosia Coal operated a tipple where a highlift had no operable brakes and was also missing a seatbelt and fire extinguisher. Judge William Fauver found that the company violated 30 C.F.R. § 77.404(a) by failing to maintain the highlift in safe operating condition and remove it from service. He…
Keystone Coal Mining Corp.
Settlement approved and discrimination proceeding dismissed
The Secretary of Labor brought a discrimination proceeding on behalf of miners who alleged discrimination under section 105(d) of the Federal Mine Safety and Health Act. The parties agreed that the miners named in the settlement would receive the agreed back pay. Judge William Fauver found the…
Mingo Logan Coal Co.
Settlement motion denied
Mingo Logan Coal contested a section 107(a) order and a related civil penalty proceeding at the Mountaineer Mine. The proposed settlement would have converted an order concerning failure to block a longwall canopy, reduced the negligence finding, and lowered the penalty from $35,000 to $10,000. The…
Tanoma Mining Company, aka Tanoma Mining Company, Inc.
Tanoma Mining Company (FMSHRC PENN 93-111, PENN 93-112): Belt guarding orders resolved
Tanoma Mining Company operated an underground coal mine where MSHA cited inadequate guarding around a belt drive and a tail pulley. Judge William Fauver found that both conditions violated 30 C.F.R. § 75.1722(b) and were significant and substantial because a miner could contact a roller pinchpoint…
Jim Walter Resources, Incorporated
Back pay awarded after discrimination finding
An earlier decision found that Jim Walter Resources discriminated against James Johnson in violation of section 105(c) of the Mine Act by imposing a two-day unpaid suspension. Judge William Fauver retained jurisdiction to decide damages and awarded Johnson $564.70 in back pay, plus interest from…
Mayo Resources Incorporated
Coal mine citations affirmed
Mayo Resources operated the underground Mine No. 1, where MSHA cited combustible accumulations beneath a belt, stuck conveyor rollers, and an exposed splice in a roof-bolting machine’s trailing cable. Judge William Fauver found violations of 30 C.F.R. §§ 75.400, 75.1725(a), and 75.517. He found the…
Jim Walter Resources, Incorporated
Safety work refusal protected from discrimination
Jim Walter Resources disciplined miner James Johnson after he refused to work in a longwall crosscut where roof conditions were deteriorating and required support had been removed. Judge William Fauver found that Johnson had a reasonable, good-faith belief that the area was unsafe, gave management…
Buck Mountain Coal Company
Temporary relief denied
Buck Mountain Coal Company sought temporary relief from a withdrawal order issued after inspectors found that its mine's miner headings lacked roof-support props required by its approved roof-control plan. The company argued that narrow headings did not need props and that props could hinder…
Dolese Brothers Company, aka Dolese Bros., A Corporation
Manbasket safety citation affirmed after 19-foot fall
At Dolese Brothers’ Hartshorne Rock Quarry, employee Terry Allen was working from a manbasket suspended by the load line of a crane when the line two-blocked and broke, causing a fall of about 19 feet and serious injuries. Judge William Fauver found that the manbasket was a raised component of…
Essroc Corp.
Backpay award amended on remand
On remand from the Commission, Judge William Fauver determined the unemployment compensation that Clifford Meek received during the original backpay period in his discrimination case against Essroc Corporation. The judge deducted $6,942 from the prior $24,000 backpay and interest award, leaving…
Ramblin Coal Company, Inc.
Remanded citations dismissed as moot
The Secretary asked to dismiss the portions of two Ramblin Coal Company cases that had been remanded for further action because the remanded citations were moot. The civil penalties had been recalculated, were not contested by the operator, and became final Commission orders under 29 C.F.R. §…
Quarto Mining Company
Known loader steering defect affirmed as unwarrantable failure
Quarto Mining Company kept a Caterpillar 988 front-end loader in service even though its steering intermittently locked when turned fully right. The shop foreman had known about the problem for several months, but the defect was not corrected and the loader was not removed from service before MSHA…
Glenn Burwick, Employed by Burwick Construction Company
$400 settlement approved
Glenn Burwick, employed by Burwick Construction Company, faced a civil penalty proceeding at the Alexander Sand Pit. Judge William Fauver reviewed the parties' settlement motion and supporting documentation under the statutory civil-penalty criteria. He approved the settlement and ordered payment…
Raleigh R. Hunt v. Canada Coal Company
Discrimination case dismissed after settlement
Raleigh R. Hunt brought a discrimination complaint against Canada Coal Company under section 105(c) of the Federal Mine Safety and Health Act. The parties moved to dismiss the case based on a settlement. Judge William Fauver granted the motion and dismissed the case. The order does not state a…
Donald R. Bowling v. Perry Transport, Inc., et al.
Discrimination settlement approved
The Secretary filed one Mine Act discrimination action seeking temporary reinstatement for Donald R. Bowling and a second action seeking permanent reinstatement. The cases named Perry Transport, Stevie Caldwell Trucking, Stevie Caldwell, and other respondents. The parties submitted a settlement…
Lehigh Portland Cement Company
Discrimination case settled for $1,500
Gerald Sapunarich brought a Mine Act discrimination case against Lehigh Portland Cement Company. The parties proposed a settlement requiring the company to pay a $1,500 civil penalty and post the settlement agreement on the mine bulletin board for at least 30 days. Judge William Fauver found the…
United States Steel Mining Company, Incorporated
Trolley-wire safeguard violation affirmed with $690 penalty
United States Steel Mining Company operated an underground coal mine where trolley poles repeatedly came off the trolley wire because of excessive distance from the track and kinks, bends, and twists in the wire. Judge William Fauver upheld the safeguard requiring the trolley wire to be installed…
Jim Walter Resources, Inc.
Roof citation affirmed after nine matters settled
Jim Walter Resources operated an underground coal mine where MSHA cited hazardous roof conditions in a longwall travelway. Nine of the ten citations were settled, and Judge William Fauver heard the remaining challenge to Citation No. 2804441 under the roof-support standard. He found that roof…
Pittsburg & Midway Coal Mining Company
Expedited hearing denied in Sebree No. 1 contest
Pittsburg & Midway Coal Mining Company asked for an expedited hearing after contesting an MSHA order at the Sebree No. 1 Mine. Judge William Fauver denied the request because the company did not show the extraordinary conditions required for expedited treatment, and because granting it could be…
Allan Goode, Employed by Consolidation Coal Company
Foreman assessed $1,000 for knowingly authorizing roof-control violation
Allan Goode, a section foreman at Consolidation Coal Company's Ireland Mine, faced an individual penalty under section 110(c) of the Mine Act. During roof-support work, Goode helped advance a continuous miner and steady materials while the temporary roof support system was not firmly against the…
Donald Bowling
Temporary reinstatement ordered pending discrimination merits
Donald Bowling sought temporary reinstatement after losing his coal-truck driving job and alleging that he was discharged because of safety complaints to MSHA. Judge William Fauver found that Perry Transport, Stevie Caldwell Trucking, and Stevie Caldwell could be treated as co-employers for the…
J. Bradley Miller v. White's Pelletizing Co.
Discrimination case dismissed for failure to prosecute
J. Bradley Miller's discrimination case against White's Pelletizing Co. was set for hearing in Lancaster, Pennsylvania. The company's counsel appeared, but Miller did not appear and did not later explain his absence. Judge William Fauver dismissed the case for failure to prosecute the claim.
Helen Mining Company
Consolidated settlement approved and cases dismissed
The Secretary of Labor and Helen Mining Company jointly sought approval of a comprehensive settlement covering civil-penalty proceedings and related contest proceedings across 29 dockets. The settlement specified civil penalties for some citations or orders and withdrew others, including the…
Vincent Braithwaite v. Tri-Star Mining, Inc.
Reconsideration denied and damages awarded
An earlier decision found that Tri-Star Mining, Inc. discriminatorily discharged Vincent Braithwaite and limited back pay to the period before the company offered reinstatement. After a damages hearing, the judge rejected Tri-Star's request to reconsider liability based on a state unemployment…
Well Tech Incorporated
Independent contractor treated as operator, three citations affirmed
Well Tech Incorporated serviced methane-removal wells at an underground coal mine in Virginia. Judge William Fauver held that Well Tech was an operator under the Mine Act because its work was essential to extracting coal, even though it was an independent contractor. The judge affirmed three…
Eimco Coal Machinery, Inc.
Settlement approved and $140 assessed
Eimco Coal Machinery, Inc. faced a civil penalty proceeding involving Federal No. 2. At a September 22, 1992 hearing, the parties jointly moved for approval of a settlement agreement. Judge William Fauver granted the motion and ordered Eimco to pay the agreed civil penalty of $140 within 30 days.
Roxcoal, Incorporated
Settlement penalty amended
Roxcoal, Incorporated asked to amend a settlement decision because of a clerical error. Judge William Fauver granted the motion and amended the September 3, 1992 decision approving settlement. The approved penalty was changed from $126 to $64.
Vincent Braithwaite v. Tri-Star Mining, Inc.
Discriminatory discharge found
Vincent Braithwaite worked at Tri-Star Mining’s strip mine and refused to operate a large rock truck because he believed he was not properly trained to do so safely. Judge William Fauver found that Braithwaite communicated a good-faith safety concern and that the company discharged him instead of…
Clinchfield Coal Company
Discrimination proceeding dismissed after settlement
Gary Honaker asked to dismiss his discrimination proceeding against Clinchfield Coal Company based on a settlement. Judge William Fauver granted the request and dismissed the proceeding. The short order does not state the settlement terms or address the merits of the discrimination allegations.
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.