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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Gem Industrial, Inc.
Fall item affirmed as serious, not repeated
Three GEM ironworkers performed detailing work on beams about 31 feet above the ground without fall protection. The Commission found that GEM had a communicated tie-off rule, but its repeated oral warnings were ineffective, its progressive discipline was not followed, and its monitoring was…
Southern Minerals, Inc., True Energy Coal Sales, Inc., and Fire Creek, Inc.
Settlement approved and proceedings dismissed
Southern Minerals, True Energy Coal Sales, and Fire Creek were involved in proceedings arising from a fatal explosion at Fire Creek No. 1 Mine in West Virginia. The consolidated cases involved 102 contests of citations and orders and 101 alleged violations, with proposed penalties totaling…
U.S. Steel Mining Co., Inc.
Citation for partially removed emergency stop control vacated
U.S. Steel Mining operated the Gary No. 50 Mine in West Virginia. MSHA cited the company after an inspector found that an emergency stop cord on a Long-Airdox feeder had been wrapped around the switch box and disconnected. Judge Jerold Feldman found that the Secretary had not shown the feeder was…
Asarco, Inc.
Settlement motion denied without prejudice
The parties asked the Commission to approve a settlement resolving Asarco's contest and discrimination proceedings, including a discrimination claim by David Hopkins. The proposed settlement would have paid Hopkins $15,000 and reduced an $800 civil penalty to $500. The Commission denied the motion…
Phelps Dodge Morenci, Inc.
Dismissal order vacated and discrimination case remanded
Clyde Perry alleged that Phelps Dodge Morenci retaliated against him after he complained that his medical condition made operating heavy equipment unsafe. An ALJ dismissed his discrimination complaint for failure to state a claim. The Commission vacated that dismissal because Perry had alleged…
MBH Builders, Inc.
Review petition dismissed after no brief was filed
The judge entered a default judgment against MBH Builders and affirmed the citations and proposed penalties. MBH petitioned the Commission for discretionary review but did not respond to the briefing notice. A later certified-mail order requiring the company to file its brief was returned…
Buck Creek Coal, Inc.
Default entered and citations affirmed
Buck Creek Coal operated the Buck Creek Mine and faced 188 alleged violations with proposed penalties totaling $44,367. After the company failed to answer discovery requests, an order compelling responses, and the Secretary's motion for default, Judge Roy J. Maurer entered default. He affirmed the…
Day Branch Coal Company
Contest proceedings dismissed as moot
Day Branch Coal Company and Bobby Joe Hensley contested a group of citations and orders from Mine No. 9. They did not file contests to the Secretary's proposed penalty assessments, which were sent in two groups in January and September 1995. Judge Roy J. Maurer ruled that the proposed assessments…
Hollow Contracting, Inc.
30 citations affirmed, 3 vacated
Hollow Contracting operated a small portable rock-crushing facility in Montana. The ALJ considered 33 alleged violations involving reporting, machinery, electrical equipment, emergency procedures, and other mine conditions. The decision affirmed 30 citations, vacated 3 citations, and assessed total…
Western Fuels-Utah, Inc.
Citation affirmed for missing insulation over power cables
Western Fuels operated the Deserado underground coal mine in Colorado. During an inspection, MSHA found that a communication cable crossed over medium-voltage power cables without additional insulation at the crossing. The Commission held that 30 C.F.R. § 75.516-2(c) clearly requires additional…
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…
Akzo Nobel Salt, Inc.
Hoist and escapeway citations vacated
Akzo Nobel operated the Cleveland underground salt mine in Ohio. MSHA cited the mine after planned hoist maintenance was not immediately reported and miners continued working while one hoist was unavailable. Judge Koutras found that the cited reporting and escapeway standards did not support MSHA's…
Consolidation Coal Company
Further submissions required in EAJA fee proceeding
Samuel J. McLaughlin, an individual employed by Consolidation Coal Company, sought attorney fees and expenses after the Secretary dismissed a section 110(c) allegation against him in an underlying mine-safety case. Judge David Barbour found that McLaughlin was a prevailing party and that the record…
Rybond, Inc.
In re Rybond, Inc. (EAB RCRA (3008) Appeal No. 95-3): liability affirmed and penalty reduced to $25,000
Rybond, Inc. appealed a default order arising from hazardous waste stored by a tenant at a building Rybond owned. The Board upheld the default order and Rybond's liability for the violations, including the federal land-disposal restriction violation and the Pennsylvania hazardous-waste…
Buck Creek Coal, Inc.
Default judgment and $20,588 penalty
Buck Creek Coal, Inc. faced 33 alleged violations at the Buck Creek Mine in six consolidated civil penalty proceedings. The company did not answer the Secretary’s discovery requests, the order compelling responses, or the motion for default. Judge T. Todd Hodgdon found the company in default…
Consolidation Coal Company
Methane warning-device violation remanded for penalty proceedings
Consolidation Coal operated the Robinson Run No. 95 underground coal mine, where an MSHA inspector found that the methane monitor’s warning light was not visible to the person who could deenergize the longwall. The ALJ concluded that the mine’s automatic shutdown and control-box displays provided…
Buck Creek Coal, Inc.
Default judgment and $25,014 penalty
Buck Creek Coal, Inc. faced 37 alleged violations in consolidated contest and civil penalty proceedings involving the Buck Creek Mine. The company did not answer discovery requests, an order compelling responses, or the Secretary’s motion for default. Judge T. Todd Hodgdon found the company in…
Buck Creek Coal, Inc.
Default judgment and $32,750 penalty
Buck Creek Coal, Inc. faced 50 alleged violations in nine consolidated civil penalty proceedings involving the Buck Creek Mine. The company did not answer discovery requests, an order compelling responses, or the Secretary’s motion for default. Judge T. Todd Hodgdon found the company in default…
Knife River Coal Mining Co.
Supplemental discrimination relief and final order
Knife River Coal Mining Co. was previously found to have discriminated against Arthur R. Olmstead by discharging him in violation of section 105(c) of the Mine Act. The parties agreed that Olmstead had been reinstated and agreed on much of the back-pay calculation, but they did not resolve every…
Buck Creek Coal, Inc.
Default judgment and $50,364 penalty
Buck Creek Coal, Inc. faced 28 alleged violations in consolidated contest and civil penalty proceedings involving the Buck Creek Mine. The company did not answer discovery requests, an order compelling responses, or the Secretary’s motion for default. Judge T. Todd Hodgdon found the company in…
Austin Powder Company
Highwall safety-belt violations affirmed
Austin Powder Company performed drilling and blasting work at the Lynn Sand and Stone Quarry, where employees worked within a few feet of a 55-foot highwall without safety belts or lines. Judge Paul Merlin credited the inspectors’ testimony over conflicting operator testimony and found a violation…
Mashantucket Sand Gravel
Tribal intramural work fell outside OSH Act coverage
Mashantucket Sand & Gravel was wholly owned and managed by the Mashantucket Pequot Tribe and performed site work only on the reservation for tribal projects. The parties stipulated to the cited conditions and penalties but disputed whether the OSH Act applied. The Commission held that the…
Lost Creek Mining Inc.
Hearing notice issued in discrimination case
The Secretary of Labor, on behalf of Douglas Martin, brought a discrimination proceeding against Lost Creek Mining Inc. under section 105(c) of the Federal Mine Safety and Health Act. The filing alleges that Lost Creek laid Martin off after he engaged in a protected work refusal. Judge David…
Lost Creek Mining, Inc.
Temporary reinstatement proceeding dismissed after settlement
The Secretary sought temporary reinstatement for Douglas Martin while his related discrimination complaint proceeded. The parties settled both matters. Lost Creek agreed to expunge records of Martin’s discharge, permanently reinstate him with seniority, status, benefits, and an $11.25 hourly wage…
Globe Contractors, Inc.
Power-line and trench items affirmed, inspection item vacated
OSHA inspected Globe's underground-construction site on a public road and observed a backhoe operating within ten feet of an overhead wire and an employee standing on a ladder and later a water main inside an unprotected trench. The judge rejected Globe's warrant and inspection-conduct objections…
Basin Resources Incorporated
Roof, examination, guarding, and electrical citations split
Basin Resources operated the now-closed Golden Eagle underground coal mine, which used the longwall method. Judge Richard W. Manning considered 11 alleged violations arising from roof conditions, examinations, machine guarding, and electrical work. He affirmed four citations and vacated the…
Buck Creek Coal Inc.
Default decision affirms 26 violations and $58,865 penalty
Buck Creek Coal Inc. faced four consolidated civil penalty proceedings involving 26 alleged violations and $58,865 in proposed penalties. After Buck Creek failed to answer discovery requests, a motion to compel, and a later motion for default, Judge T. Todd Hodgdon entered a default decision. He…
Contractor's Sand and Gravel, Inc.
EAJA award of $41,155.05
Contractor's Sand and Gravel challenged an MSHA electrical-grounding citation and obtained a ruling vacating the citation and associated penalties. It then sought attorney fees and other expenses under the Equal Access to Justice Act. Judge August F. Cetti found that the Secretary's litigation…
Sunshine Guardrail Service
Advance traffic signs required for roadside work
Sunshine replaced guardrail posts beside four lanes of Florida Turnpike traffic after the general contractor failed to place the required advance construction signs. The crew used cones, safety vests, truck warning lights, and the guardrail area, but those measures did not warn motorists in…
Herzog Food, Inc.
Late contest dismissed for lack of excusable neglect
Herzog received OSHA's citation and proposed penalty on December 18, 1995, making its notice of contest due January 10, 1996. Its attorney did not send a protest until January 18. Herzog blamed snow emergencies, but the record showed that the owner and insurance representatives received, read, and…
Secretary of Labor v. Extra Energy, Inc.
Commission reopens case and directs review
Extra Energy asked the Commission to reconsider its denial of the company's petition for discretionary review of an ALJ decision. The Commission majority reopened the matter under Rule 60(b)(6), granted reconsideration, directed review, and set the case for oral argument. The order does not decide…
Daanen & Janssen, Inc.
Consolidated loader-accident citations modified and vacated
Daanen & Janssen operated a limestone quarry where a front-end-loader operator died after the loader went through a berm and fell from an elevated roadway. Judge David Barbour reviewed four citations arising from the accident and related civil penalty proceedings. He modified two citations by…
Kermit Campbell v. John Chaney Trucking Co., Inc. and/or Watts and Chaney Trucking, Inc.
Compensation case dismissed because no withdrawal order was issued
Kermit Campbell sought compensation under section 111 of the Federal Mine Safety and Health Act, saying a federal mine inspector inspected his truck and put it out of service. The application did not allege that a withdrawal order caused the idlement. Campbell later submitted a section 104(a)…
Grover Napier v. John Chaney Trucking Co., Inc.
Compensation case dismissed because citation was not a withdrawal order
Grover Napier sought compensation under section 111 of the Federal Mine Safety and Health Act, alleging idlement caused by a section 104(d)(1) citation. Judge Gary Melick ordered Napier to show cause why the case should not be dismissed because section 111 compensation requires a withdrawal order…
D. A. Collins Constr. Co., Inc.
Foreman's tie-off violations defeated misconduct defense
Collins carpenters stripped bridge formwork from a temporary platform 34 feet above the ground. A carpenter fell from the bridge and died, and OSHA cited the company for fall-protection violations. Two carpenters routinely crossed the unguarded platform without tying off, and their foreman observed…
D.M. Sabia Company
Repeat scaffold violation reinstated after court mandate
Sabia stipulated that it violated the scaffold standard requiring guardrails and toeboards on elevated platforms. The judge classified the violation as repeated and assessed an agreed $4,000 penalty, but the Commission initially reduced it to serious with a $1,000 penalty under then-controlling…
Peterson Construction Co.
Unsecured decking and floor-hole items affirmed
A carpenter loosened a sheet of second-floor plywood decking to remove column formwork, leaving an opening and an unstable walking surface 21 feet above the lower level. When he stepped on the loose sheet, it lifted and he fell through the opening onto reinforcing steel, causing serious injuries…
Ralph Taynton d/b/a Service Specialty
EAJA fee request denied despite prevailing
Service Specialty sought $34,512.95 in attorney, agent, and other expenses after the Commission vacated its citation in full. The Commission had held that OSHA lacked jurisdiction because the sole proprietorship had stopped operating and no longer had an employee before the citation issued. The fee…
Secretary of Labor v. Stillwater Mining Company
Stay of penalty denied
Stillwater Mining asked the Commission to stay payment of a $1,500 civil penalty while it appealed an ALJ decision to the U.S. Court of Appeals for the Ninth Circuit. The Commission applied the factors for extraordinary stay relief, including likelihood of success, irreparable harm, effects on…
Secretary of Labor, on behalf of Ramon S. Franco v. W. A. Morris Sand and Gravel, Inc.
Settlement ends appeal
W. A. Morris Sand and Gravel moved to withdraw its appeal in a civil penalty proceeding involving a discrimination matter. The parties reached a settlement in this and related proceedings, and the ALJ approved the settlement on August 19, 1996. The Commission granted the motion, vacated its…
Secretary of Labor v. C.W. Mining Company
Roof-control citation affirmed
C.W. Mining operated the Bear Canyon No. 1 underground coal mine in Utah. MSHA cited the company for operating without an approved roof control plan after revoking an older plan that allowed longer roof-bolting intervals and a different pillar-extraction sequence. The Commission held that MSHA…
Hemphill Construction Co., Inc.
Repeat trench spoil-pile violation affirmed
Hemphill installed a water line in a trench while a backhoe placed excavated soil at the trench edge. An OSHA regional investigator observed employees enter the trench with the spoil pile nearby and photographed the condition. The judge credited that testimony despite the investigator's lack of…
Secretary of Labor v. Fluor Daniel Incorporated
Settlement approved after forklift fatality
This case concerned a fatal accident caused by defective forklift brakes at the Ridgeway Mine. The ALJ's initial decision assessed $27,500 for citations involving a defective parking brake and an inadequate preshift inspection. After a Commission remand, the parties settled the remaining…
Buck Creek Coal Inc.
Twelve citations affirmed by default
Buck Creek Coal Inc. faced 12 alleged violations at its Buck Creek Mine, and the Secretary sought $13,612 in civil penalties. The cases had been stayed while related criminal proceedings were pending, and the company later pleaded guilty to all 12 criminal counts. Buck Creek did not answer the…
Secretary of Labor v. Givens Coal Company, Inc.
Four citations affirmed and imminent-danger order vacated
Givens Coal operated the Congress Mine in Kentucky. The case involved a roof-fall fatality, rescue efforts under unsupported roof, incomplete on-shift examinations, and methane examinations that were not performed at the required intervals. Judge Jerold Feldman vacated the imminent-danger order…
Cannelton Industries, Inc.
Motions to reopen and remand denied
Cannelton Industries and two employees asked the Commission to remand the case and reopen the record so they could submit evidence that their hearing attorney had failed to present. The Commission held that the attorney's failure did not justify relief under Federal Rule of Civil Procedure 60(b)…
Andrew Catapano Enterprises, Inc.
Separate trench citations largely upheld
OSHA issued nine sets of citations covering 98 alleged violations at separate water-main trench worksites along Eighth Avenue in New York City. The Commission held that the Secretary could inspect and cite the separate worksites independently because correcting a condition in one trench did not…
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…
Everwood Treatment Company, Inc. and Cary W. Thigpen
In re Everwood Treatment Company, Inc. and Cary W. Thigpen (EAB RCRA (3008) Appeal No. 95-1): penalty increased to $273,750
Everwood Treatment Company and its president Cary W. Thigpen operated a wood-treatment facility near Mobile, Alabama. EPA alleged that they buried soil contaminated with a copper, chromate, and arsenic solution without a permit and without meeting land-disposal restrictions. The Environmental…
Marty P. Boden v. Lion Coal Company
Retaliatory discharge found
Marty P. Boden, a belt foreman at the Swanson Mine, reported unsafe conditions to MSHA. The mine's management learned that his complaints led to an MSHA inspection and directed that he be fired later the same day. Judge August F. Cetti found that the stated reason for the discharge was pretextual…
Lyon Sand & Gravel Co.
Late penalty petitions dismissed
The Secretary sought individual civil penalties against Raymond P. Ernst and Scott Bandkau for alleged Mine Act violations by their employer, Lyon Sand & Gravel. The Secretary filed the penalty petitions after the 45-day deadline and offered only general explanations about internal review and…
Kinross DeLamar Mining Company
Penalty assessment reopened
Kinross DeLamar asked the Commission to reopen a penalty assessment that had become final after the company missed the 30-day deadline to request a hearing. The company said it mailed its hearing request on time, but a one-day delay in receiving mail at its remote mine and a postmarking issue…
Green Coal Company, Inc.
Reopening request denied
Green Coal asked the Commission to reopen two penalty assessments that had become final orders because the company did not timely file notices of contest. The company cited bankruptcy proceedings and cost-cutting efforts, but did not explain how those circumstances caused the late filings. The…
D.H. Blattner & Sons, Inc.
Legal identity report required
D.H. Blattner & Sons was an independent contractor performing mining work at three open-pit operations. MSHA cited the company for failing to file an operator legal identity report for the pits, even though it had filed an independent-contractor report. The Commission held that Blattner exercised…
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…
James Construction
Controlling employer liable for subcontractor hazards
James Construction supervised a siding subcontractor and controlled its work approval and payment. The judge held that James could not ignore repeated safety violations merely because stronger enforcement might delay the job or reduce profits. Serious items involving eye protection, unguarded…
Aero Tec Laboratories, Inc.
Plant safety items largely affirmed with reduced penalties
Aero Tec manufactured fuel tanks and containment vessels at its New Jersey plant. The judge rejected its claim that OSHA had promised no penalties or exceeded the scope of consent because management accompanied the open inspection without objecting. The decision affirmed items involving an…
National Quarries
Settlement disapproved pending support
National Quarries faced four civil penalty violations arising from a fatal accident in which a miner was fatally injured after inadvertently drilling into a charged hole. The Secretary proposed reducing the combined penalties from $28,500 to $19,950, but Judge Paul Merlin found that the settlement…
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.