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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Texasgulf Inc.
Transformer citation vacated
MSHA cited Texasgulf after finding that a transformer casing was less than three feet from a chain-link fence at the Lee Creek Mine. Judge George A. Koutras held that the cited standard required a substantial fence at least three feet from energized parts, casings, or wiring, but the Secretary did…
Secretary of Labor o/b/o Johnson v. Jim Walter Resources, Inc.
Premature review petition dismissed
Jim Walter Resources petitioned for Commission review of an administrative law judge's liability decision in a discrimination case before the judge had issued a final order on damages. The Commission held that the petition was premature and dismissed it without prejudice. Jim Walter could file a…
Consolidation Coal Company
Consolidated electrical and cleanup violations decided
MSHA brought four consolidated proceedings against Consolidation Coal Company involving electrical bonding, coal cleanup, electrical equipment, and examination conditions at the Arkwright No. 1 and Blacksville No. 2 Mines. Judge George A. Koutras found a mix of violations, modifying several orders…
Crown/Vista Energy Project (CVEP) West Deptford, New Jersey
In re Crown/Vista Energy Project (CVEP) West Deptford, New Jersey (EAB PSD Appeal Nos. 93-15 through 93-18): review denied
Crown Energy and Vista Energy received a New Jersey PSD permit to construct a 362-megawatt pulverized coal-fired power plant in West Deptford Township. Four petitioners challenged the permit based on pollution controls, air quality and estuary impacts, and volatile organic compound emissions. The…
Peabody Coal Company
Respiratory-dust citations affirmed
MSHA cited Peabody Coal Company after respirable-dust sampling exceeded the applicable limit on three mechanized mining units at the Camp No. 1 Mine. Peabody conceded that the violations occurred and were significant and substantial, but disputed the findings of unwarrantable failure, high…
Peabody Coal Company
Two electrical citations vacated
MSHA cited Peabody Coal Company after an inspection at its Camp No. 9 Preparation Plant. The citations concerned a flexible cord used with an exhaust fan and a fan motor that was not explosion-proof. Judge Arthur J. Amchan found that the evidence did not establish a violation of the National…
Lynx Coal Company
Settlement approved and penalties reduced
MSHA proposed penalties against Lynx Coal Company for two alleged violations involving a low conveyor belt at the No. 2 Mine. One citation concerned missing guards around the tail roller system, and the other concerned removing spilled coal while the belt was operating. The parties reported that…
Keystone Coal Mining Corporation
Spot-inspection citations vacated
MSHA cited Keystone Coal Mining Corporation for respirable-dust concentrations based on single-shift samples from a spot-inspection program. The Commission held that the program attempted to rescind an earlier finding that single-shift sampling did not accurately represent miners' exposure, and…
All American Ashpalt
Temporary reinstatement ordered
The Secretary sought temporary reinstatement for four All American Asphalt employees who alleged they were laid off or otherwise treated adversely after engaging in protected safety activity. Judge August F. Cetti found that the discrimination complaints were not frivolous, while emphasizing that…
Energy West Mining Company
$100 penalty approved
The Commission granted the Secretary of Labor's and Energy West Mining Company's joint petition for discretionary review. The case had been remanded for analysis of whether the violation was significant and substantial, but the ALJ had not reassessed the civil penalty after finding that it was not…
Sterling/ICC, and its Successors
Late contests dismissed after remand hearing
An earlier order dismissed Sterling/ICC's notices of contest as untimely. The Commission sent the matters back for a hearing because the company's vice president suggested that OSHA had led him to believe a lawyer was required to contest the citations. At the hearing, the OSHA district supervisor…
Southwest Refractory, Inc.
Suspended-load violation affirmed with reduced penalty
Southwest Refractory hired an independent crane company to turn a 17,000-pound steel pipe while Southwest applied refractory lining at its Sapulpa, Oklahoma, facility. A Southwest employee crouched beneath the suspended pipe to move supporting timbers, and the pipe fell on him; he later died from…
Jim Walter Resources, Incorporated
Walkaround and discrimination violations found
Jim Walter Resources operated an underground coal mine where miner representative Carroll Johnson accompanied an MSHA inspection focused on respirable dust controls. Judge Avram Weisberger found that Johnson was engaged in protected activity when he helped the inspection and that the company…
Peabody Coal Company
Electrical citations affirmed as significant and substantial
MSHA cited Peabody Coal Company after finding that a cathead's external grounding wires were disconnected and that another cathead was not plainly marked. Judge Arthur J. Amchan found both violations significant and substantial under the Mathies test. He affirmed both citations and assessed a $189…
Braithwaite v. Tri-Star Mining
Discrimination complaint dismissed
Vincent Braithwaite worked as a heavy equipment operator at Tri-Star Mining and refused to operate a large dump truck because he felt uncomfortable operating it. An Administrative Law Judge had found that the refusal was protected and awarded damages after finding that Tri-Star unlawfully…
Benevento Sand and Gravel
Citations affirmed with modifications
Benevento Sand and Gravel, a small quarry and mill operator, faced eight citations and orders involving truck alarms, seat belts, a loader passenger, a conveyor guard, and other equipment conditions. Judge Paul Merlin affirmed the fact of each violation and most significant and substantial and…
Martinka Coal Company
Withdrawal orders affirmed
MSHA cited Martinka Coal Company for coal and coal-dust accumulations under a belt line and for frozen or missing belt rollers that left the belt rubbing against its supporting structure. After Martinka received five days to abate the conditions, an inspector found that some violations remained and…
Saginaw Mining Company
Settlement disapproved pending more information
Saginaw Mining Company faced three citations after an October 23, 1991 roof-fall accident at the Saginaw Mine that caused fatal injuries to a mine foreman and serious injuries to a construction foreman. The Secretary proposed reducing the total civil penalties from $21,000 to $15,000, but the…
Consolidation Coal Company, Incorporated
Electrical violations modified
Consolidation Coal was cited after an underground mine inspector found missing bolts on a high-voltage splitter box and later saw the box returned to service before it was repaired. Judge David F. Barbour affirmed the underlying violation for the unsafe splitter box and found it significant and…
TTX Company, Acorn Division
Lead-exposure items vacated, notice duties affirmed
TTX repaired railroad cars in Jacksonville, Florida, using cutting, welding, and grinding processes that could disturb lead-based paint on older cars. The judge vacated a permissible-exposure-limit item because OSHA placed its sampling cassette outside the employee's welding helmet even though the…
Bermudez & Longo, S.E.
Mixed ruling on grinder and electrical violations
OSHA inspected Bermudez & Longo's construction site in Guaynabo, Puerto Rico. The judge affirmed two serious grinder violations because an accessible bench grinder used by employees lacked a work rest and a safety guard, assessing $375 for each item. He vacated a third grinder item because the…
Jamieson Company
Guarding citations mixed, total penalty $510
Jamieson Company operated a medium-sized, one-plant sand and gravel operation with 50 employees. Judge Michael A. Lasher addressed seven MSHA citations under two machine-guarding standards, vacating one citation and litigating the six remaining citations. He affirmed violations involving unguarded…
Materials Delivery
Seven citations affirmed
Materials Delivery operated a sand and gravel pit that had not notified MSHA that operations had begun. Judge Arthur J. Amchan also found violations involving inoperative loader horns and a reverse alarm, unsecured compressed-gas cylinders, missing toilet facilities, and a raised loader bucket. He…
Secretary of Labor o/b/o Shepherd v. Sovereign Mining Company
Temporary reinstatement issues remanded
An Administrative Law Judge ordered Danny Shepherd's temporary reinstatement after finding that his discrimination complaint was not frivolous. Shepherd was laid off the next day, and the Secretary asked the Commission to compel compliance with the reinstatement order or send the matter back to the…
Super Sky Products, Inc.
Atrium fall-protection violations affirmed
A Super Sky employee was water-testing a sloped glass atrium in Cleveland while working from a narrow gutter high above the patio below. A Labor Department attorney and OSHA supervisor watched through binoculars and saw that the employee was not tied to the safety line, although Super Sky disputed…
United States Steel Mining Company, Inc.
Safeguard violation affirmed, S&S issue remanded
MSHA cited United States Steel Mining Company after trolley poles repeatedly disengaged from the trolley wire at the Gary No. 50 Mine in West Virginia. The Commission held that the safeguard notice gave the operator fair notice that trolley wire had to be kept within a proper distance of the track…
Slade Vanover v. Shamrock Coal Company
Discrimination complaint dismissed
Slade Vanover worked as a longwall technician for Shamrock Coal Company and complained about dust, underground detonations, and the transport of explosives on a mantrip. He claimed that the company ignored those concerns and constructively discharged him when he left in July 1992. Judge George A…
Safeway Store No. 914
Commission affirms hazard-communication violations without penalty
OSHA cited a Safeway grocery store in Loveland, Colorado, for hazard-communication deficiencies involving a windshield washer used to clean checkout scanners and a sanitizer used in the meat department. The Commission held that the citations were timely because OSHA issued them within six months…
Kaspar Electroplating Corp.
Commission affirms three machine-guarding violations and vacates drill-press items
OSHA cited Kaspar Electroplating after inspecting its Shiner, Texas facility. On review, the Commission rejected Kaspar's argument that the citation was untimely, finding that OSHA issued it within six months of discovering the uncorrected conditions. It also held that a compliance officer may…
Unarco Commercial Products
Commission holds plating-tank footholds were not platforms
Unarco manufactured shopping carts on an automated electroplating line in Wagoner, Oklahoma. Employees sometimes stood on narrow PVC pipes, copper anode rails, or carry arms to retrieve parts that had fallen into chemical tanks, and one employee had suffered serious burns after falling into a tank…
J.A. Jones Construction Co.
Commission affirms item-specific fall-protection penalties
This case returned to the Commission after an earlier decision affirmed numerous serious, rather than willful, fall-protection violations at J.A. Jones Construction's Chicago high-rise project and remanded for item-specific penalties. On remand, the ALJ evaluated the fall distance, degree of…
Guess, employed by Pyro Mining Company
Individual penalty proceedings dismissed
The Secretary sought individual civil penalties against Donald Guess and Paul Shirel for allegedly authorizing, ordering, or carrying out Mine Act violations at the William Station Mine. The Commission held that section 110(c) imposes individual liability on agents of corporate operators, while…
Central Florida Underground, Inc.
Crane and rigging violations affirmed after fatal power-line contact
Central Florida Underground was an underground pipe contractor whose crew used a crane to move a trench box near energized overhead electrical lines. During the work, the crane boom contacted the lines and an employee touching the crane was electrocuted. The judge found that Central failed to train…
Container Corporation of America
Three disputed paper-mill safety items vacated
Container Corporation of America operated a paper mill in Fernandina Beach, Florida. The parties settled most citation issues before the hearing, leaving three items concerning wet and oily floors, protective clothing for welders, and insulation or guarding of steam pipes. The judge vacated the…
Air Products and Chemicals, Inc.
Mine jurisdiction and entry citation affirmed
Air Products and Chemicals processed coal refuse and run-of-mine coal at its Cambria Co-Generation Facility to produce electricity and steam. The Commission held that the coal-handling facilities were subject to Mine Act jurisdiction because the company broke, crushed, sized, and stored coal…
J & S Collieries, Inc.
Discrimination settlement approved
Herbert Collins brought a Mine Act discrimination complaint against J & S Collieries after his employment ended. Judge Paul Merlin approved a settlement under which the company paid Collins $5,000, expunged related personnel records, and agreed to provide only neutral employment information to…
Gouverneur Talc Company
Discrimination complaint dismissed
Thomas P. Gates filed a Mine Act discrimination complaint after Gouverneur Talc Company permanently discharged him following an altercation with a coworker. He argued that the company's later arbitration process was tainted by his discrimination complaint and that his discharge was related to…
General Chemical Company
USWA (Ronald Shane Bird) v. General Chemical Company (FMSHRC WEST 92-596-DM): Mine Act discrimination complaint dismissed
Ronald Shane Bird, a bore miner operator at General Chemical's underground trona mine, alleged that reprimands and crew reassignments followed his safety complaint about a high cut in the mine roof. Judge Michael A. Lasher, Jr. found that Bird's initial safety complaint and request for a safety…
Manalapan Mining Company, Inc.
Settlement approved for $12,100
Manalapan Mining Company faced civil penalty proceedings across four dockets involving Mine Nos. 1, 6, and 7. Judge Roy J. Maurer approved a settlement that reduced the proposed penalties from $14,612 to $12,100. The company was ordered to pay the settlement amount within 30 days, and the cases…
Secretary of Labor o/b/o Peters v. Thunder Basin Coal Company
Secretary of Labor on behalf of Loy Peters, Donald Gregory, and Darryl Anderson v. Thunder Basin Coal Company (FMSHRC WEST 93-652-D): Temporary reinstatement affirmed
Three technicians-welders at Thunder Basin Coal's Black Thunder mine were laid off during a workforce reduction and alleged that the layoffs were illegal retaliation for exercising rights protected by the Mine Act. After an evidentiary hearing, the ALJ found their discrimination complaints were not…
Bucket Coal Company
Dust-sampling citation vacated
MSHA cited Bucket Coal Company for failing to collect and submit five respirable-dust samples during the March and April 1992 bimonthly period. The company said its mine had been flooded and was not producing coal during the relevant period. Judge Avram Weisberger credited the company's witness and…
Cedar Lake Sand & Gravel Company, Inc.
Default order vacated and case remanded
Cedar Lake Sand & Gravel failed to answer a civil-penalty proposal and a show-cause order, so an ALJ entered a default order assessing the proposed $100 penalty. Cedar Lake later said it had timely responded to the show-cause order and asked for relief from the default. The Commission treated the…
Tanglewood Energy, Inc.
Perry Poddey v. Tanglewood Energy, Inc. (FMSHRC WEVA 93-339-D): Retaliatory discharge found, reinstatement and backpay ordered
Perry Poddey, an underground coal miner at Tanglewood Energy's Coal Bank No. 12 mine, raised concerns about a roof-bolt citation and criticized his section foreman. After a confrontation, Tanglewood fired him and claimed the discharge followed misconduct and insubordination. Judge Arthur J. Amchan…
Otis Elevator Company
Missing access-records rule classified as de minimis
Otis Elevator was installing three elevators at a construction site when an OSHA inspector asked for a copy of the employee medical and exposure records access rule. Otis had material safety data sheets at the site but did not have the rule or its appendices, and it did not create or maintain…
Hartford Roofing Co., Inc.
Warning-line violation affirmed on 69-foot-wide roof
Hartford Roofing was performing built-up roofing work on a low-pitched roof that was about 69 feet wide and 19 feet above the ground. Two employees moving sheetrock worked about eight feet from the roof edge. Hartford used only a safety monitor, but the judge found that the roof-width rule required…
New Hope of Kentucky, Inc.
Settlement approved with reduced penalties
New Hope of Kentucky faced civil-penalty proceedings involving three dockets and proposed assessments totaling $5,952. The parties reached a settlement that reduced the total penalty to $3,692, including a reduction from $500 to $100 in KENT 93-487 and reductions on several citations in KENT…
Energy West Mining Company
S&S designation removed on remand
Energy West Mining was cited for a violation at the Cottonwood Mine that had previously been designated significant and substantial. On remand from the Commission, Judge Michael A. Lasher, Jr. found that the record did not sufficiently show that the mine was gassy or had previously experienced…
AMOCO Oil Company Mandan, North Dakota Refinery
In re Amoco Oil Company Mandan Refinery (EAB RCRA Appeal No. 92-21): review denied in part and permit remanded in part
Amoco Oil Company operated a petroleum refinery near Mandan, North Dakota, that processed about 60,000 barrels of crude oil each day and produced gasoline, diesel fuel, jet fuel, and fuel oil. Amoco challenged many corrective-action and permit conditions, including dispute resolution, conditional…
F & E Erection Company
Discrimination case settled and dismissed
The Secretary of Labor brought this Mine Act discrimination proceeding on behalf of John Lacek against F & E Erection Company. The Secretary moved to withdraw the complaint after the parties resolved all issues and the company made the required payment to Lacek. Judge Arthur J. Amchan approved the…
Southmountain Coal Company, Incorporated
Late penalty petitions allowed to proceed
Southmountain Coal moved to dismiss two civil-penalty cases because the Secretary filed the penalty petitions four days after the 45-day deadline in Commission Rule 28(a). The Secretary explained that counsel relied in good faith on the wrong date stamp when calculating the deadline. Judge Gary…
S & H Mining, Incorporated
Roof-control and examination violations affirmed
MSHA cited S & H Mining after a roof fall at the No. 7 Mine injured helper Eddie Suttles and caused paralysis. The case involved an entry driven wider than the approved roof-control plan allowed, along with inadequate preshift and on-shift examinations and reporting. Judge Gary Melick found the…
Ray Wentzell, d/b/a N.E.E.T. Builders
Discovery dismissal set aside for further inquiry
N.E.E.T. Builders was a construction business whose owner represented himself in proceedings over a serious citation and proposed penalties totaling $10,050. The ALJ dismissed the notice of contest after the employer did not provide more complete discovery responses despite two orders. The…
A A Quality Construction Materials
Settlement approved after hearing conferences
A.A. Quality Construction Material manufactured and sold construction materials. OSHA cited the company for three alleged willful, ten serious, and four other-than-serious violations, with proposed penalties totaling $24,700. The company contested the citations, and the case proceeded to a…
Anderson Excavating & Wrecking Co.
Bridge fall and hard-hat violations affirmed
Anderson Excavating & Wrecking was the demolition contractor removing the old Talmadge Bridge over the Savannah River. The ALJ held that OSHA's construction standards applied because the demolition was part of the larger bridge-replacement project and used construction trades and methods. Employees…
Mutual Erectors Inc.
Three safety violations affirmed for $2,300
Mutual Erectors was a small steel-erection contractor building the steel frame for a school addition. The ALJ vacated a general-industry sling-inspection item because the construction rigging standard more specifically covered the condition and the Secretary did not prove a missed inspection. She…
Triangle Engineering Corp.
Mixed construction ruling carries $1,350 in penalties
Triangle Engineering was the general contractor building a prison in Guaynabo, Puerto Rico. The ALJ affirmed serious violations involving site-specific safety instruction, missing edge guardrails, an accessible crane swing radius, and an unprotected excavation. She also affirmed other-than-serious…
Laurel Sand and Gravel, Inc.
Cylinder citation affirmed and settlement approved
Laurel Sand and Gravel was cited after inspectors found six unsecured compressed gas cylinders outside its maintenance shop. Judge Avram Weisberger held that the regulation applies even when cylinders are empty or have no residual pressure, affirmed the citation, and assessed a $50 penalty. He also…
Mettiki Coal Corporation
Temporary economic reinstatement approved
The Secretary of Labor sought temporary reinstatement for James W. Miller in a Mine Act discrimination proceeding. Before the scheduled hearing, Mettiki Coal and Miller stipulated to temporary economic reinstatement. The agreement required payment of the standard hourly wage, benefits, and bonuses…
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…
Sovereign Mining Company
Temporary reinstatement ordered
The Secretary of Labor sought temporary reinstatement for Danny Shepherd after his suspension from Sovereign Mining's No. 1 Mine. The Secretary's filing described protected safety activities connected to Shepherd's work as a miners' safety representative. Sovereign Mining did not request a hearing…
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.