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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Robert B. Young v. Lehigh Portland Cement Company
Discrimination complaint dismissed after insubordination finding
Robert B. Young, a yard foreman at Lehigh Portland Cement Company's plant and quarry, was discharged after refusing instructions to issue a verbal warning to a brakeman involved in a locomotive collision and derailment. Young alleged that the discharge violated the Mine Act's protection against…
Herbert M. King v. Shamrock Coal Company
Discrimination settlement approved
Herbert M. King brought a discrimination proceeding against Shamrock Coal Company involving No. 10 Mine. The parties jointly asked the judge to approve a settlement and dismiss the case. Judge William Fauver found the settlement consistent with the purposes of the Mine Act, approved it, and…
Shamrock Coal Company
Mine-plan violation affirmed with additional penalty claim dismissed
Shamrock Coal Company developed its Greenwood No. 12 Mine without approved plans after MSHA had advised the operator that separate plans were required for its physically separate mines. Judge William Fauver found the plan violation significant and substantial and caused by gross negligence, and…
Consolidation Coal Company
Retaliation and reporting policy violate the Mine Act
Consolidation Coal Company reprimanded and threatened miner William J. Keller after he engaged in activity protected by the Mine Act. Judge William Fauver found that the company violated 30 U.S.C. § 815(c)(1) and that its policy requiring employees to report alleged safety or health problems to…
Quarto Mining Company
Walkaround representative pay violation found
Quarto Mining Company refused to pay Roger L. Stillion his regular wage for time spent accompanying a federal mine inspector as a miners' walkaround representative on October 6, 7, and 8, 1987. Judge William Fauver found that the company violated 30 U.S.C. § 813(f). The parties were directed to try…
Old Ben Coal Company
Citation and withdrawal order vacated
The Secretary of Labor sought a civil penalty against Old Ben Coal Company and the operator separately challenged the underlying citation and withdrawal order. The cases involved Mine No. 25 and were consolidated for hearing. After testimony and documentary evidence, the parties proposed a…
Wilmot Mining Company
Remand penalty reduced to $200
The Sixth Circuit reversed an earlier $2,000 penalty against Wilmot Mining Company for a violation involving a roof-bolting machine, or ROPS, and sent the penalty issue back for reconsideration. The Commission then remanded the matter to Judge William Fauver. Because the court had rejected findings…
Twin Oak Construction Company
Default decision with $1,600 in penalties
Twin Oak Construction did not attend the hearing on six civil penalty citations. Judge William Fauver treated the Secretary's allegations as true by default and considered the company's persistent failure to pay earlier penalties as part of its compliance history. He assessed $250 each for four…
Karst Robbins Coal Company, Inc.
Electrical and roof-safety violations affirmed
Karst Robbins Coal Company operated the No. 4 coal mine. The judge found that the company allowed an unqualified miner to work on a 480-volt trailing cable without direct supervision, failed to lock out or tag the circuit, kept a power center in a return air course, and left unsupported roof in a…
Consolidation Coal Company
Discrimination proceeding dismissed under settlement
James D. Grimes brought a Mine Act discrimination proceeding against Consolidation Coal Company. The order states that the case was dismissed pursuant to a settlement approved when the matter was called for hearing on October 4, 1988. No safety standard was adjudicated in the order.
Green River Coal Company
$800 settlement approved
Green River Coal Company agreed to settle a civil penalty proceeding involving its Green River No. 9 Mine. The settlement also covered payment of the penalty in a companion contest case. Judge William Fauver approved the settlement under the civil-penalty criteria in the Mine Act. The company was…
Green River Coal Co.
Orders affirmed and citation vacated
Green River Coal Company's No. 9 Mine was cited for inadequate ventilation, loose coal accumulations, and methane readings in return air. Judge William Fauver found violations in Order 2215847 and Order 2215849, affirming both orders and assessing $700 and $800 penalties. He vacated Citation…
Black Beauty Coal Company
Five violations affirmed and one charge dismissed
Black Beauty Coal Company operated a surface coal mine where inspectors found loose highwall material, a loader without falling-object protection, miners without required training, a bulldozer without a backup alarm, and operations contrary to closure orders. Judge William Fauver found five…
Arch of Kentucky, Inc.
Discrimination settlement approved
Harry Thomas brought a discrimination complaint against Arch of Kentucky under section 105(c) of the Mine Act. The parties submitted a settlement agreement and asked the judge to dismiss the case. Judge William Fauver found the settlement consistent with the statute's purposes. He approved the…
Quinland Coals, Inc.
Unwarrantable-failure finding affirmed on remand
Quinland Coals operated the Quinland No. 1 Mine. On remand, Judge William Fauver found that dangerous roof conditions and broken timbers had been known or should have been known by mine management for at least one or two months before MSHA issued its order under 30 C.F.R. § 75.200. He concluded…
Otis Elevator Company
Electrical citations affirmed
Otis Elevator serviced and repaired a deep-shaft elevator at Beth Energy's Cambria Slope Mine No. 33. The judge held that Otis was an independent contractor subject to the Mine Act because its employees had a regular, substantial presence at the mine and controlled safety-related elevator work. The…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Clerical correction to complainant's name
This order corrected a clerical error in an earlier supplemental default decision involving Babcock Mining Co. and related respondents. Judge William Fauver changed the complainant's name in Conclusion of Law No. 2 and paragraph 1 of the order to Albert Halstead. The order did not change the…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Discrimination violation and back pay ordered
Albert Halstead's discrimination proceeding concerned discriminatory discharges from Babcock Mining and a later employment offer from McMillion Enp. The supplemental default decision found that the respondents violated section 105(c) of the Mine Act. It imposed joint and several liability for…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-106-D): David Willis back pay and penalty ordered
David Willis's discrimination proceeding concerned two discharges from Babcock Mining and the later operation of the mine by McMillion Enp. The supplemental default decision found that the respondents violated section 105(c) of the Mine Act. It imposed joint and several liability for $6,340 in back…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-106-D): Clerical correction to discrimination decision
The supplemental default decision in David Willis's discrimination proceeding contained a clerical error in the complainant's name in Finding of Fact No. 1. Judge William Fauver corrected that name to “David Willis.” The correction did not change the underlying findings, remedies, or other terms of…
Southwestern Portland Cement Company
Discrimination complaint dismissed
Alfred Daniels claimed that Southwestern Portland Cement Company suspended him without pay because he made safety complaints to the company and to MSHA. The judge found that the decision-makers did not know about those complaints when they suspended him and that the suspension was based on…
Big Elk Creek Coal Co., Inc.
Attorney's fee awarded in discrimination proceeding
Arnold Sharp's discrimination proceeding against Big Elk Creek Coal Company was before Administrative Law Judge William Fauver. Sharp's counsel asked for an attorney's fee, and the company did not object to the proposed fee. The judge granted the motion and ordered the company to pay $1,725 to…
Babcock Mining Co.; Henry McCoy, Individually and as operator of Babcock Mining Co.; Virgil McMillion, Individually and as Operator of McMillion Enp., Inc., McMillion Enp., Inc., Craft Coal Company
Babcock Mining Co. et al. (FMSHRC WEVA 87-106-D): Default liability entered, relief reserved
The Secretary of Labor sought default decisions in two discrimination proceedings involving Babcock Mining Company and related respondents. After the respondents failed to answer an order to show cause, Judge William Fauver granted the Secretary's motion for default against the other respondents…
Nacco Mining Company
Supplemental compensation awarded and prior decision made final
Local Union 1810, District 6, of the United Mine Workers of America sought compensation for miners idled by a modification of a section 104(d)(2) order at Nacco Mining Company's Powhatan No. 6 Mine. An earlier decision held that the union was entitled to the claimed compensation and left the amount…
Maynard Branch Dredging Co., and Roger Kirk
Discrimination proceeding dismissed
Bryan Pack worked as a night security guard at Maynard Branch Dredging and reported to federal mine inspectors that dynamite and blasting caps were stored in a school bus used at the worksite. The inspector found the explosives and cited the company under 30 C.F.R. § 77.1301(a). The company…
Big Elk Creek Coal Co., Inc.
Settlement order provides back pay and reinstatement
Administrative Law Judge William Fauver had previously found that Big Elk Creek Coal Co., Inc. discharged Arnold Sharp in violation of the Mine Act's discrimination provision. The parties then agreed on relief, including $45,000 for past wages, interest and reimbursable expenses, immediate…
Nacco Mining Company
Idled miners entitled to compensation
Nacco Mining Company closed part of the Powhatan No. 6 Mine after MSHA found that an intake escapeway was not maintained for safe passage. The closure modification idled 87 miners for three days, and their union sought compensation under section 111 of the Mine Act. Judge William Fauver granted the…
Greenwich Collieries
Ventilation withdrawal order vacated
Greenwich Collieries challenged a withdrawal order alleging that the Greenwich No. 2 Mine was not following its approved ventilation plan. The judge found that no mining was taking place when the inspector visited and that the Secretary did not prove the alleged ventilation conditions on the…
Big Elk Creek Coal Co., Inc.
Discriminatory discharge found, relief to follow
Arnold Sharp, a rock-truck driver and auger worker at Big Elk Creek's surface coal mine, repeatedly complained about unsafe equipment and was discharged after a truck collision. Judge William Fauver found that the company and its supervisors were motivated at least in part by those safety…
White County Coal Corporation
Settlement approved at $900
White County Coal Corporation settled a civil-penalty proceeding and a related contest of a citation at the Pattiki and No. 1 mines. Judge William Fauver found the proposed settlement consistent with the statutory penalty criteria, approved it, and ordered the operator to pay $900 within 30 days…
Florence Mining Company
Hoist shutdown violation affirmed and $400 assessed
Florence Mining Company removed its approved emergency hoist from service for about five and one-half hours while miners were underground so the hoist rope could be replaced. Judge William Fauver found that the approved escape facilities plan and 30 C.F.R. § 75.1704 required the hoist to remain…
Peabody Coal Company
Post-explosion safety matters resolved with $7,050
Peabody Coal's Camp No. 2 Mine was the subject of civil penalty proceedings after a methane explosion. The proceeding addressed alleged violations involving electrical equipment, ventilation, coal dust, and related mine-safety requirements. Judge William Fauver approved a $2,000 settlement for one…
Kelso Coal Company, Inc.
Default order entered for $340 in penalties
Kelso Coal failed to respond to a show-cause order issued after it did not comply with a prehearing order. Judge William Fauver deemed the company in default and found that it waived its right to a hearing. The proposed civil penalties were made final, and the company was ordered to pay $340 within…
Peabody Coal Company
Cab-and-canopy citations affirmed for $2 total
Peabody Coal contested two citations involving a continuous haulage system at Camp No. 11 Underground Mine. Judge William Fauver found that the cited equipment operators were subject to the cab-and-canopy requirement in 30 C.F.R. § 75.1710-1, even though the system included components that operated…
Mears Enterprises, Inc.
Default order makes $3,500 penalty final
Mears Enterprises failed to comply with a prehearing order in a civil penalty proceeding at the Bear Run No. 1 mine. Judge William Fauver issued a show-cause order, but Mears did not respond by the deadline. The Judge deemed the company in default, found that it waived its right to a hearing, made…
Rushton Mining Company
One order vacated and $100 settlement approved
Rushton Mining Company faced a civil penalty proceeding and two related contest proceedings concerning the Rushton Mine. The parties submitted a settlement for approval under the Mine Act's penalty criteria. Judge William Fauver vacated Order No. 2690105, approved a $100 penalty for Order No…
Puskarich Limestone Company
Discrimination proceeding dismissed after settlement
Ricky Vernon Hein and Puskarich Limestone Company asked the judge to approve a settlement and dismiss the discrimination proceeding. Judge William Fauver granted the motion for good cause shown. The parties were ordered to comply with the settlement agreement filed on March 9, 1987, and confirmed…
Allied Coals, Inc.
Discrimination complaint dismissed on summary decision
Newton J. Johnson alleged that Allied Coals discriminated against him after assigning him work beyond night-watchman duties. Judge William Fauver found that Johnson had not complained about unsafe work or lack of training, and that he quit because he did not want to shovel a belt line for the wage…
Wap Coal Company
Discrimination settlement approved and case dismissed
Nicholas Ramirez brought a discrimination proceeding against Wap Coal Company. The parties filed a settlement agreement and jointly asked the judge to order compliance and dismiss the case. Judge William Fauver approved the motion, required the parties to comply with the settlement, and allowed…
Mountaineer Coal Company
Failure to respond made proposed penalties final
Mountaineer Coal failed to comply with a prehearing order in a civil penalty proceeding. Judge William Fauver gave the company until February 3, 1987, to explain why it should not lose its right to a hearing and why the Secretary's proposed penalties should not become final. The company did not…
Paopa Coal Mining Company
Citation affirmed by default with $650 penalty
Paopa Coal Mining Company told the Secretary's counsel that it would not appear at the scheduled civil penalty hearing. Judge William Fauver treated that statement as a withdrawal and waiver of the company's hearing request. The allegations in Citation No. 2303103 were deemed true and incorporated…
Colorado Materials Co., Inc.
Crusher guarding citation affirmed after fatal accident
Colorado Materials operated a limestone crushing plant in Austin, Texas. The judge found that a crusher operator was fatally injured while attempting to remove a rock with the engine running and the machinery unblocked. The judge held that the cited blocking standard applied, that the company had…
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.