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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W. Kramer Associates
OSHA-poster citation vacated, other items settled
W. Kramer Associates is a heating, ventilation, and air conditioning contractor. OSHA inspected its worksite at the Northeastern Pennsylvania Veterans Home construction project in Scranton, Pennsylvania, and issued a serious citation and a second citation with two other-than-serious items, with…
Baker Masonry, Inc.
Stairway and balcony guardrail citations vacated for unproven employee exposure
Baker Masonry, Inc. was a masonry subcontractor at the construction of the Radisson Hotel in Savannah, Georgia. A fatal fall in the hotel's atrium triggered an OSHA investigation, and the compliance officer expanded the inspection to the subcontractors. OSHA cited Baker for a serious violation, for…
National Cleaning Contractors, Inc.
Window-washing scaffold fall-protection citation affirmed, $1,875 penalty
National Cleaning Contractors, Inc. is a window cleaning company. During an August 1991 inspection at the BP Building in Cleveland, Ohio, prompted by an imminent-danger complaint, OSHA compliance officers watched a three-person crew washing windows from a two-point suspension scaffold at heights up…
Virginia Crews Coal Company
Continuance denied
Virginia Crews Coal asked to continue a March 16, 1993, hearing because its counsel was also scheduled to appear in another hearing that day. Judge George A. Koutras found that the case had already been delayed, further delay was not cost effective, and other attorneys in the firm's West Virginia…
Nally & Hamilton Enterprises, Incorporated
Backpay and reinstatement ordered
This remedial order followed an earlier finding that Nally & Hamilton discriminated against Clayton Nantz. Judge George A. Koutras calculated backpay through December 31, 1992, deducted interim earnings, two weeks for delayed job searching, and unemployment compensation, and awarded $17,385.36 in…
Island Creek Coal Company
Contest dismissed after penalty paid
Island Creek told the Commission that it had decided to pay the $50 proposed penalty under an earlier default order and drop its contest of the citation. The Secretary agreed that dismissal was appropriate. Judge Avram Weisberger dismissed the case based on the parties' statements.
Consolidation Coal Company
Roof order affirmed and related settlement resolved
MSHA pursued three civil penalty proceedings involving hearing-conservation citations and a hazardous roof condition at Consolidation Coal's Blacksville No. 2 and Osage No. 3 Mines. Judge Jerold Feldman affirmed the citation and imminent-danger withdrawal order for a deteriorated tailgate roof…
GFD Construction Company, Incorporated
Seven citations affirmed and $220 in penalties assessed
MSHA cited GFD Construction at its Green's Pit for seven violations involving a rented front-end loader and dredge equipment. Judge David F. Barbour found that the loader lacked a seat belt, its backup alarm and horn were not functional, its parking brakes did not hold, and three dredge drives…
Pardy Construction Corporation
Late notice of contest dismissed, citations affirmed as final
Pardy Construction Corporation is a construction company based in Corona, New York. OSHA issued it a serious citation and an other-than-serious citation on March 11, 1992. The company filed its notice of contest by a letter dated May 13, 1992, long after the deadline. The Secretary moved to dismiss…
Marble Works, Inc.
Consolidated penalty contest resolved by settlement, $5,780 total
Marble Works, Inc. operates a manufacturing facility in Mobile, Alabama. OSHA conducted two separate safety and health inspections and issued citations on February 21, 1992 and March 24, 1992, each alleging serious and other-than-serious violations. Marble Works contested only the proposed…
Mustang Plus
Post-hearing settlement approved, combined $2,000 penalty
Mustang Plus is a Dallas, Texas employer. After an OSHA inspection of its workplace, the Secretary issued a serious citation with eight items and a non-serious citation with three items. At the close of a hearing held on November 6, 1992, the parties reached a settlement resolving all issues. Under…
Accu-Rite Machine Co.
All four hot-work, fall-protection, and hazard-communication citations affirmed, $6,000 penalty
Accu-Rite Machine Co. operates an industrial machine shop in Blythe, Georgia. On May 26, 1991, over the Memorial Day weekend, its employees were at the Ringier America printing plant in Evans, Georgia, removing and replacing an aftercooler unit. To free bolts, they used an oxygen-acetylene cutting…
Consolidation Coal Company
Partial compensation complaint dismissed
The United Mine Workers sought compensation for miners idled by withdrawal orders issued after an explosion at Consolidation Coal's Blacksville No. 1 Mine. The union moved to dismiss its claims under the first two sentences of Mine Act section 111 after the parties settled and paid the claimants…
Caterpillar, Inc. et al.
Separate recordkeeping violations affirmed, but willful classification vacated
OSHA cited Caterpillar for 170 failures to record occupational injuries and illnesses on its 1986 OSHA 200 log at an Illinois facility. The Commission held that 167 injuries and illnesses were recordable under 29 C.F.R. § 1904.2(a), rejecting Caterpillar's vagueness and compliance defenses. It also…
Costain Coal, Inc.
Citations affirmed, S&S finding vacated in part
Costain Coal contested a citation for operating the Baker Mine without an approved methane and dust control plan and faced related civil penalty proceedings. The Judge approved settlements covering most of the other citations, affirmed the plan citation with a $50 penalty, and affirmed a separate…
Secretary of Labor o/b/o Bowling v. Perry Transport, Inc.
Temporary reinstatement order affirmed
Donald Bowling, a truck driver for Stevie Caldwell Trucking, alleged that he was discharged after reporting safety violations to MSHA. The Secretary investigated and found that his discrimination complaint was not frivolous, so the ALJ ordered temporary reinstatement. The Commission affirmed that…
Secretary of Labor on behalf of Donald Bowling v. Perry Transport, Inc.
Temporary reinstatement affirmed
Donald Bowling worked as a truck driver for Stevie Caldwell Trucking and reported alleged safety violations to MSHA before his employment ended. The Secretary determined that his discrimination complaint was not frivolous and sought temporary reinstatement. The Commission held that the temporary…
Daak Corporation
Default order remanded for good-cause determination
Daak Corporation did not appear for its scheduled hearing, and the ALJ granted the Secretary a default judgment. After hearing the Secretary's evidence, the judge affirmed 14 construction citations and assessed $7,200 in total penalties. Daak's vice president then petitioned for review and made…
Power Operating Company, Incorporated
Motions to dismiss denied
Power Operating Company moved to dismiss two civil penalty cases, arguing that the Secretary filed the penalty petitions late and served them improperly. The Judge found adequate cause for the 24-day filing delay because of the sharp increase in contested cases and found no prejudice to the…
Johnson Controls, Inc.
Elevated blood-lead recordkeeping violation reduced to other-than-serious
OSHA cited Johnson Controls after finding 27 employee blood-lead test results above 50 micrograms per 100 grams of whole blood that were not entered on the OSHA 200 logs at its Geneva, Illinois battery plant. The Commission held that the uncorrected omissions were timely cited because OSHA issued…
Johnson Controls, Inc.
Elevated blood-lead level held recordable
OSHA cited Johnson Controls for removing an employee's elevated blood-lead result from the OSHA 200 log at its Milwaukee battery plant. The Commission held that the citation was timely because the inaccurate record remained uncorrected during the five-year retention period and OSHA cited within six…
General Dynamics Corp., Electric Boat Div., Quonset Point Facility
Recordkeeping citations revived and remanded
OSHA cited General Dynamics' Quonset Point shipbuilding facility for alleged inaccuracies and omissions in required injury and illness records. An administrative law judge vacated the citations as untimely under the OSH Act's six-month limitations period. The Commission reversed, holding that the…
House Analysis & Associates & Fred Powell
In re House Analysis & Associates & Fred Powell (EAB CAA Appeal No. 93-1): $51,000 penalty affirmed
House Analysis & Associates and Fred Powell appealed a default order under the Clean Air Act after failing to provide information about asbestos-containing materials stored at a facility in Southampton, Pennsylvania. EPA had requested information under Section 114 and later issued a compliance…
CG&G Trucking, Inc.
Default order vacated and matter remanded
CG&G Trucking failed to answer the Secretary's penalty proposal and a later show-cause order, so the ALJ entered a default order and assessed a $400 penalty. The company later asked the Commission to vacate the default, explaining that it had filed a Blue Card hearing request but then heard nothing…
McGraw Construction Co.
Showers required for coke-oven contamination
McGraw Construction employees performed welding work in the regulated area of an operating coke oven battery at an Armco steel facility. Their clothing and bodies were exposed to ash, soot, grease, tar, coal dust, and other potentially carcinogenic contaminants, but McGraw provided only a water…
Newmont Gold Company
Discrimination case dismissed without prejudice
The Judge had previously ordered temporary reinstatement under Commission Rule 44. The complainant then filed a separate discrimination complaint that was docketed as WEST 92-654-DM and assigned to another ALJ. The Judge dismissed the earlier temporary-reinstatement case without prejudice, allowing…
C.W. Mining Company
Four citations modified, four vacated
C.W. Mining operated the Bear Canyon No. 1 underground coal mine and contested citations involving fire sensors, roof support, and other safety standards. The Judge affirmed four citations, modified two roof citations to remove the significant-and-substantial designation, and vacated four citations…
Consolidation Coal Company
Control order affirmed after mine fire
Consolidation Coal contested a section 103(k) control order issued after a structural failure at the Robena Preparation Plant, where a coal surge bin collapsed and fires occurred. The company argued that no qualifying accident occurred and that the inspector was not present at the precise accident…
Caribbean Petroleum Corporation
In re Caribbean Petroleum Corporation (EAB NPDES Appeal No. 91-25): review denied
Caribbean Petroleum Corporation challenged an NPDES permit for its petroleum refinery in Bayamón, Puerto Rico. The challenge concerned effluent limits from a Puerto Rico Environmental Quality Board water-quality certificate that had been incorporated into the federal permit while the state board…
Mid-Continent Resources Inc.
Orders affirmed, one case dismissed, S&S finding stricken
Mid-Continent Resources and three supervisors faced civil penalty proceedings involving coal accumulations at the Dutch Creek Mine. The Judge affirmed orders against the company, struck the significant-and-substantial designation from one order, affirmed $200 penalties against Thomas Scott and…
Raven Mining Company
Settlement approved at $500
Raven Mining agreed to resolve a civil penalty proceeding after a hearing. The Secretary proposed reducing the penalty from $1,000 to $500. The Judge reviewed the parties' representations, supporting documents, and the trial proceedings, found the settlement appropriate under the Mine Act's penalty…
Cargill, Inc.
Unsecured marine-terminal ladder citation affirmed
OSHA cited Cargill after finding an extension ladder leaning against a truck-receiving scale at its Portland marine terminal. The ladder had slip-resistant feet, but its top could move seven inches to one side and neither end was secured. The Commission held that 29 C.F.R. § 1917.119(f)(9) clearly…
Cyprus Empire Corporation
Striking employees were not miners for walkaround rights
Cyprus Empire's miners went on strike while the company continued operating its mine with management employees. During an MSHA inspection, the company refused to allow a previously designated representative of the striking employees to accompany the inspector. The Commission held that the Mine Act…
Harman Mining Corp.
Motion to amend denied after mine abandonment
MSHA originally charged Harman Mining with violating 30 C.F.R. § 75.520 after finding bare pump-cable wires inserted into a receptacle. The Secretary later sought to amend the citation and order to charge 30 C.F.R. § 75.514 instead. Judge Gary Melick found that the mine had been permanently…
Asarco, Incorporated
Settlement approved for $9,180
Asarco and the Secretary resolved two contest proceedings and one civil penalty proceeding involving the Immel Mine. The proposed settlement reduced the penalty from $16,000 to $9,180. Judge Avram Weisberger found the settlement appropriate under the Mine Act’s penalty criteria, cancelled the…
Secretary of Labor v. Aloe Coal Company
Citations and penalties affirmed after improper inspection request
Aloe Coal's striking employees designated the United Mine Workers of America as their miners' representative, and a union representative requested an MSHA inspection under section 103(g)(1). The Commission held that striking employees were not miners for purposes of requesting an immediate…
Consolidation Coal Company
Escapeway citations resolved with $140 penalty
MSHA cited Consolidation Coal Company after finding widespread cracking in sealant on Kennedy stoppings separating escapeways at the Ireland Mine. Judge Jerold Feldman found violations of the escapeway separation standards, affirmed two citations, approved a settlement on a third citation, and…
Magma Copper Company - Pinto Valley Division
Settlement approved with one citation vacated
Magma Copper and the Secretary settled two consolidated civil penalty proceedings before hearing. The settlement vacated Citation No. 3925620 and reduced the proposed penalty for Citation No. 3925619 from $2,000 to $600. Judge John J. Morris found the settlement reasonable and in the public…
Ford Construction Company
Seat-belt findings affirmed after remand
After a Commission remand, Judge John J. Morris reconsidered two seat-belt citations involving a scraper and a bulldozer. He found that the scraper was operated without a seat belt on a steep, rough road and that a fall from the open cab could cause a serious injury. He affirmed the S&S finding for…
Young Brothers Incorporated
Settlement affirmed and $250 penalty assessed
The Secretary sought a civil penalty for a violation described in a section 107(a) withdrawal order issued at Young Brothers’ Atkins Pit. At the hearing, Young Brothers and the Secretary reached an agreement under which the company would pay $250. Judge Michael A. Lasher, Jr. affirmed the…
Price Construction Inc.
S&S designation deleted and $25 penalty assessed
Price Construction and the Secretary reached a settlement over Citation No. 3448774. The agreement removed the “Significant and Substantial” designation while leaving the citation otherwise affirmed. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed $25 penalty. The order…
Edward Joy Co.
Reversed-polarity violation reclassified as repeat
OSHA found a 50-foot extension cord connected to a drill at Edward Joy Company's apartment rehabilitation project in Syracuse, New York. The cord's hot and neutral wires were reversed, leaving current in the drill even when its switch was off. The administrative law judge affirmed the violation of…
Martinka Coal Company
104(b) orders upheld and contests dismissed
MSHA cited Martinka Coal after finding coal and float coal dust under a belt line and missing or frozen rollers that left the belt rubbing against its structure. The operator did not contest the underlying citations but challenged the section 104(b) withdrawal orders, arguing that the abatement…
DEC-TAM Corporation
Asbestos violations and penalties modified
OSHA inspected DEC-TAM Corporation's asbestos-removal work aboard a ferry in Newport, Rhode Island. The Commission reviewed several findings involving delayed production of exposure records, exposure monitoring, regulated-area controls, respirators, protective clothing, and employee notification…
Boise Cascade Corporation
In re Boise Cascade Corporation (EAB NPDES Appeal No. 91-20): review denied in part and remanded in part
Boise Cascade Corporation sought review of EPA Region VI's renewal of an NPDES permit for its pulp and paper mill in DeRidder, Louisiana. The challenge covered pH limits at two outfalls, dissolved oxygen requirements, and quarterly chronic biomonitoring. The Environmental Appeals Board remanded…
Little Rock Quarry Company, Incorporated
Proceedings dismissed for failure to prosecute
MSHA brought three civil penalty proceedings against Little Rock Quarry Company, Incorporated. Judge Michael A. Lasher had ordered MSHA to show good cause for failing to comply with a prehearing order and to provide information about whether the cases might settle. MSHA did not provide the required…
Ramblin Coal Company, Inc.
Dismissal vacated and penalty proceedings remanded
An ALJ had dismissed citations involving MSHA's excessive-history penalty program after staying the proceedings while related Commission cases were decided. The Secretary filed a motion for reconsideration with the ALJ but did not file a timely petition for discretionary review, so the dismissal…
Clean Harbors of Kingston, Inc.
Confined-space communication case settled
OSHA cited Clean Harbors under the general duty clause after employees entered a pump room to remove a diesel-fuel, Biosolve, and water mixture. The alleged hazard was delayed rescue because half-face respirators impaired voice communication between an entrant and standby personnel. An…
Arch of Kentucky Incorporated
Airflow citation modified and penalty set at $700
MSHA cited Arch of Kentucky after an inspector found air moving inby through a belt entry toward active workings at the Karst Mine. The judge found that the airflow violated 30 C.F.R. § 75.326, which restricts use of belt-entry air to ventilate working places. He did not find an unwarrantable…
Consolidation Coal Company
Berm and examination violations upheld with $2,200 penalty
MSHA cited Consolidation Coal at the Robena preparation plant after finding inadequate or missing berms on an elevated haulage road and no recorded examination of the road for hazardous conditions. The judge affirmed the section 107 withdrawal order because the muddy, slippery road, its grade, the…
John J. Kirlin, Inc.
Serious scissor-lift guarding citation vacated, one electrical-cord item affirmed at no penalty
John J. Kirlin, Inc. is a plumbing contractor. While it was working on the renovation and construction of the Postal Square retail and office complex in Washington, D.C., OSHA inspected the worksite and issued one serious citation and one other-than-serious citation. The serious citation, with a…
Jewell Smokeless Coal Corporation
Railroad-car control violation affirmed with $58 penalty
MSHA cited Jewell Smokeless Coal after a trip of two loaded and one empty railcars became detached from its restraining hook at the Coronet Jewell Preparation Plant. The cars moved out of control, collided with other cars, and injured employee Benny Shook, who suffered broken ribs. Judge George A…
Law Brothers Contracting Corp.
Renovation contractor loses on all four contested saw, stairway, and grounding citations, $3,095 penalty upheld
Law Brothers Contracting Corporation was a general contractor performing renovation work on buildings in Syracuse, New York. After an April 1991 OSHA inspection, it received one serious citation and one repeat citation covering five alleged violations, with $3,095 in total proposed penalties…
Consolidation Coal Company
Settlement approved with $3,500 penalty
Consolidation Coal and the Secretary reached a settlement in a civil penalty proceeding involving the Arkwright No. 1 Mine. The Secretary vacated one order and proposed reducing the penalty on the remaining two orders from $6,000 to $3,500. Judge Gary Melick found the settlement appropriate under…
Pontiki Coal Corporation
Citation and withdrawal order dismissed after fatal-accident review
A Pontiki electrician was fatally injured while troubleshooting an energized continuous miner and inadvertently activating its conveyor chain. MSHA later issued a section 107(a) withdrawal order and a citation alleging that the electrician had worked in the conveyor boom of energized machinery in…
Dotson & Rife Coal Co., Inc.
Dust-sampling proceedings dismissed
The Secretary moved to dismiss civil penalty and contest proceedings after Dotson & Rife Coal Company and its principal entered plea agreements related to falsified dust samples. The company had contracted with Triangle Research, whose principal and agent admitted manipulating dust samples…
Consolidation Coal Company
S&S findings vacated, orders affirmed, and $2,700 assessed
MSHA issued three withdrawal orders at Consolidation Coal Company's Osage No. 3 Mine after ventilation tubing for underground electrical installations had fallen and was not coursing air directly to the return. The parties stipulated to the violations and related case facts. Judge Paul Merlin found…
General Electric Company, Hooksett, New Hampshire
In re General Electric Company, Hooksett, New Hampshire (EAB NPDES Appeal No. 91-13): review denied
General Electric Company challenged pH limits and whole-effluent toxicity testing requirements in the NPDES permit for its aircraft-engine hardware facility in Hooksett, New Hampshire. GE argued that the permit should allow mixing zones or dilution when determining pH limits and that the toxicity…
Homestake Mining Company of California
Settlement approved and $31,000 in penalties affirmed
Homestake Mining Company of California operated the Homestake Mine and was involved in two contest proceedings and a civil penalty proceeding. The Secretary alleged violations of 30 C.F.R. § 48.7(c) and 30 C.F.R. § 57.14205, and the parties later agreed to reduce three proposed penalties. Judge…
Homestake Mining Company of California
Settlement approved and $31,000 in penalties affirmed
Homestake Mining Company of California operated the Homestake Mine and was involved in two contest proceedings and a civil penalty proceeding. The Secretary alleged violations of 30 C.F.R. § 48.7(c) and 30 C.F.R. § 57.14205, and the parties later agreed to reduce three proposed penalties. Judge…
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.