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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Peabody Coal Company
Settlements approved, one citation vacated, and one roof-control citation affirmed
Peabody Coal Company operated the Camp No. 11 and Martwick underground coal mines. The judge approved settlements covering four violations, including ventilation, power connections, canopies and cabs, and fire-suppression equipment, for penalties totaling $565. For a roof-control citation at Camp…
Nally & Hamilton Enterprises, Incorporated
Safety retaliation complaint sustained after dust-related refusal
Clayton Nantz, a bulldozer operator, complained that a broken rear window exposed him to dust and made it difficult to see while working. After the window was not repaired, he refused to continue operating the dozer in those conditions and was told to operate it or go home. Judge George A. Koutras…
Otis Elevator Company
Remaining electrical citation withdrawn and case dismissed
Otis Elevator was installing an elevator at a construction site where an employee used a portable drill connected through an extension cord and a metal knockout junction box. The judge vacated the item alleging that the junction box was exposed to physical damage, finding the cited standard did not…
United Technologies, Pratt & Whitney
Commission approves plating-shop settlement
Pratt & Whitney operated a plating shop at its West Palm Beach facility, where two maintenance employees were splashed with a cyanide solution during equipment-relocation work. OSHA cited alleged training, protective-equipment, warning-sign, labeling, and hazard-communication violations. The judge…
Trinity Industries, Inc.
Housekeeping item affirmed and eyewash item vacated
Trinity Industries manufactured railcars at its Bessemer, Alabama, plant. Commission review focused on materials and tools left on elevated work walkways and the availability of water for employees exposed to corrosive paint materials. The Commission affirmed the housekeeping item because Trinity…
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…
Cypress Aviation, Inc.
In re Cypress Aviation, Inc. (EAB RCRA (3008) Appeal No. 91-6): reconsideration denied
Lakeland owned and Cypress Aviation operated an aircraft painting and paint-stripping facility that generated F002 waste. An initial decision held them liable for failing to analyze and properly dispose of that waste and assessed civil penalties of $12,500 against Lakeland and $25,000 against…
Pyro Mining Company
Agent penalty proceedings dismissed
The Secretary of Labor brought civil penalty proceedings against Paul Shirel and Donald D. Guess, alleging that they were agents of Pyro Mining Company and could be personally liable for mine-safety violations under Section 110(c) of the Mine Act. Judge Gary Melick found that Pyro Mining Company…
Pittsburg and Midway Coal Mining Company
Most citations affirmed, one vacated, and S&S findings reduced
Pittsburg and Midway Coal Mining Company operated the Cimarron Mine and the York Canyon surface and underground mines. Judge John J. Morris affirmed most of the citations involving ventilation plans, guarding, mobile-equipment alarms, explosives work, and related conditions. He vacated one…
Livingston Marble & Granite
Late penalty filings accepted and cases assigned
Livingston Marble & Granite moved to dismiss four civil penalty proceedings, arguing that the Secretary filed the penalty proposals too late. Chief Administrative Law Judge Paul Merlin denied the motion. He found adequate cause for delays of 46 to 60 days in three dockets and no showing of…
Fisher Sand & Gravel Company
Late penalty filing accepted
The Secretary filed a civil penalty petition about two weeks late after the case was sent to the Solicitor's office on August 11, 1992. Fisher Sand & Gravel Company moved to dismiss, pointing to the delay in proposing penalties after citations issued in August 1991 and claiming that witnesses and…
Wharf Resources USA Incorporated
Late penalty filing accepted
The Secretary filed a civil penalty petition 15 days late after a delay in sending the case to the Solicitor's office. Wharf Resources USA Incorporated moved to dismiss, also arguing that the penalty assessment had not been proposed within a reasonable time after the citation. Chief Administrative…
Peabody Coal Company
Settlement approved for $1,700
Peabody Coal Company agreed to settle a civil penalty proceeding involving its Camp No. 1 Mine. Judge Avram Weisberger approved the settlement under the Mine Act's penalty criteria. Peabody agreed to pay the proposed $1,700 penalty in full, and the case was dismissed after payment.
Energy Fuels Coal Incorporated
One citation vacated, four affirmed as modified for $220
Energy Fuels Coal Incorporated operated the underground Southfield Mine in Colorado. MSHA alleged five significant and substantial violations involving electrical equipment, compressor housing, combustible coal dust, and a loose rib. Judge August F. Cetti vacated one electrical-equipment citation…
General Electric Company
In re General Electric Company (EAB RCRA Appeal No. 91-7): corrective-action issues remanded
General Electric challenged the corrective-action portion of an EPA Region I RCRA permit for its manufacturing facility in Pittsfield, Massachusetts. The appeal addressed coordination with Massachusetts and Connecticut, off-site contamination, interim measures, investigation requirements, permit…
General Motors Corporation, Delco Moraine Division, et al.
In re General Motors Corporation, Delco Moraine Division, et al. (EAB RCRA Consolidated Appeal Nos. 90-24 and 90-25): permits remanded in part
General Motors Corporation's Delco Moraine North and South Plants in Dayton, Ohio, held federal portions of RCRA permits for manufacturing facilities that produced and stored hazardous waste. GMC challenged corrective-action requirements, interim-measures and permit-modification provisions…
Hawaiian Independent Refinery, Inc.
In re Hawaiian Independent Refinery, Inc. (EAB RCRA (3008) Appeal No. 92-2): disclosure order vacated
EPA Region IX brought an enforcement case against Hawaiian Independent Refinery, Inc. involving a proposed $621,200 penalty. The company sought the last known address of a former EPA employee who had performed penalty calculations so it could subpoena her for testimony. The Board held that…
Hardin County, Ohio
In re Hardin County, Ohio (EAB RCRA (3008) Appeal No. 92-1): complaint dismissal vacated and remanded
EPA Region V accused Hardin County, Ohio, of disposing of hazardous waste without a permit or interim status and sought a $45,000 penalty and facility closure. The alleged violations involved sludges received from Occidental Chemical Corporation between 1983 and 1987, but the record did not show…
Eagle Nest, Incorporated
Water accumulation violation found significant and substantial on remand
Eagle Nest, Incorporated contested a citation for more than 16 inches of murky water in a longwall tailgate return entry that examiners had to traverse for weekly examinations. The Commission had vacated an earlier finding that the violation was not significant and substantial and remanded the S&S…
Harriman Coal Corporation
Inoperative loader alarm violation affirmed as S&S for $100
Harriman Coal Corporation operated a front-end loader at its Penag Goodspring Mine with a backup alarm that did not function. Judge Avram Weisberger found a violation of 30 C.F.R. § 77.410 because the loader lacked an audible warning device when placed in reverse. The loader's blind spot, the…
International Anthracite Corp.
Training orders affirmed as modified for $225
International Anthracite Corp. employed workers at its B & M Tunnel operation who had not received the required Part 48 training before performing equipment work. Judge Avram Weisberger upheld three orders for missing new-miner, annual refresher, and newly employed experienced-miner training. He…
Leeco Inc.
Discrimination complaint dismissed after withdrawal
Coy Crabtree filed a discrimination complaint against Leeco Inc. under the Mine Act. The Secretary moved to withdraw the complaint and stated that Crabtree also intended to withdraw his complaint with the Mine Safety and Health Administration. Judge Jerold Feldman granted permission to withdraw…
Carder Incorporated
Settlement approved, citations modified, and penalty reduced to $474
Carder Incorporated operated Crusher Operation #2. The Secretary of Labor sought civil penalties for five citations. Judge Paul Merlin found that relief from Carder's default was warranted and approved the parties' settlement. The order modified Citation Nos. 3451182, 3629194, 3629195, 3629196, and…
Carder, Inc.
Default order vacated and case remanded
Carder, Inc. failed to answer a civil penalty petition and a judge's show cause order, so the judge entered a default order assessing the Secretary's proposed $691 penalty. Carder later asked to rescind the default and approve a settlement, explaining that it believed the Secretary would submit the…
Carder Incorporated
Default vacated and settlement approved for $359
Carder Incorporated had been placed in default in a civil penalty proceeding involving its Screening Operation #2. After the Commission directed further proceedings, Chief Administrative Law Judge Paul Merlin found that relief from default was warranted. He approved settlements reducing the…
In re: Contests of Respirable Dust Sample Alteration Citations
Thaxton testimony allowed with additional study period
In the respirable-dust sample alteration master docket, contestants asked Judge James A. Broderick to exclude Robert Thaxton's testimony about his reclassification of cited dust filters. The judge found that the Secretary had violated the discovery requirements by delaying disclosure of the March…
Wyoming Fuel Company
Ventilation-plan violation affirmed with unwarrantable-failure finding stricken
Wyoming Fuel Company operated the Golden Eagle Mine. MSHA alleged that water accumulated in the mine's bleeder system in violation of the approved ventilation and methane and dust control plan. Judge John J. Morris found that the water reached hazardous depths and affirmed the order, but struck the…
Mid-Continent Resources, Inc.
Mine closure citations affirmed, penalties assessed
Mid-Continent Resources, Inc. operated the Coal Basin and Bear Creek Mines. MSHA alleged that the company failed to seal an inactive mine and failed to file a revised mine map after the mines were permanently closed. Judge John J. Morris found that the mines were abandoned because they were no…
Cullor Rock Quarry
Compensation complaint dismissed by default
Bill Burris filed a compensation complaint against Cullor Rock Quarry. After he did not respond to repeated requests to confirm that he wished to proceed, Judge Jerold Feldman ordered him to show cause why the complaint should not be dismissed. Burris did not respond. The judge entered default…
Cullor Rock Quarry
Compensation complaint dismissed after withdrawal
Tim Ragland filed a compensation complaint against Cullor Rock Quarry. He requested permission to withdraw the complaint. Judge Jerold Feldman granted the request and dismissed the case with prejudice. The scheduled November 5, 1992 hearing in Joplin, Missouri was canceled. The official decision…
Southway Construction Company, Incorporated
Communication-system citation affirmed for $138
Southway Construction Company, Incorporated operated a crushing operation at the Goat Ridge Mine, which was owned by another company. MSHA cited Southway for failing to provide a suitable emergency communication system. Judge John J. Morris found that Southway was an operator because it controlled…
Grefco Incorporated
Settlement approved with $31,500 in penalties
Grefco Incorporated reached a settlement with the Secretary of Labor covering one citation and two withdrawal orders issued under Section 104(d)(1) of the Mine Act. Judge Michael A. Lasher, Jr. approved the settlement. Citation No. 3448924 was vacated, Withdrawal Order No. 3446523 was modified into…
Puerto Rico Sun Oil Company, Inc.
In re Puerto Rico Sun Oil Company, Inc. (EAB NPDES Appeal No. 92-20): permit review denied
Puerto Rico Sun Oil Company challenged an NPDES permit for its petroleum refinery in Yabucoa, Puerto Rico. It argued that the Puerto Rico Environmental Quality Board's Water Quality Certificate was not final because Sun Oil had requested reconsideration, and it raised additional legal and technical…
CBM Mining, Inc., Roy F. Collier and James H. Booth
Discrimination complaint dismissed
Roy Lee Stroud brought a discrimination complaint under Section 105(c) of the Mine Act against CBM Mining, Inc., Roy F. Collier, and James H. Booth. The complaint concerned an alleged adverse action after Stroud filed a discrimination complaint with MSHA. Judge Roy J. Maurer found that Collier's…
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.
Leeco, Inc.
Settlement approved and discrimination case dismissed
Ricky Hays brought a discrimination proceeding against Leeco, Inc. The case returned to the ALJ after a federal appellate court remanded it and the Commission directed further proceedings. Hays and Leeco reported that they had reached a full and final confidential settlement, including attorney…
Barrick Goldstrike, Inc.
Discrimination case dismissed with prejudice
Linda J. Van Tassel brought a discrimination proceeding against Barrick Goldstrike, Inc. The parties jointly moved to dismiss the case with prejudice. Judge John J. Morris granted the motion and canceled the hearing scheduled for October 27, 1992, in Elko, Nevada.
Pyro Mining Company
Settlement approved and penalty reduced to $1,200
Pyro Mining Company, with Costain Coal Incorporated identified as successor-in-interest, faced a civil penalty proceeding for Pyro No. 9 Slope. The parties proposed a settlement that reduced the penalty from $1,500 to $1,200. Judge Gary Melick found the settlement appropriate under the Mine Act…
Aluminum Company of America
Section 103(k) order vacated
Aluminum Company of America contested a section 103(k) order issued after mercury contamination was found at its Point Comfort Operations facility. The ALJ found that the Mine Act requires an accident before a section 103(k) order may issue, and that the Secretary had not proven a qualifying…
Virginia Crews Coal Company
Three violations modified and affirmed
Virginia Crews Coal Company operated the No. 14 Mine and contested three alleged violations in two penalty proceedings. The ALJ found the violations established, but modified the first two from section 104(d)(1) matters to section 104(a) citations and modified the third to a section 104(a)…
Oneida Coal Company, Inc.
Motion to dismiss denied in respirable-dust citation contests
Oneida Coal Company contested 34 citations concerning alleged alteration of respirable dust samples at five mines. Oneida separately failed to return the forms contesting the proposed civil penalties, and the Secretary moved to dismiss the citation contests. Judge James A. Broderick found that…
Hadson Power 14--Buena Vista
In re Hadson Power 14, Buena Vista (EAB PSD Appeal Nos. 92-3, 92-4, and 92-5): permit remanded
Hadson Power 14, Buena Vista proposed a 66.5-megawatt coal-fired electric generating plant in Buena Vista, Virginia. The Southern Environmental Law Center, Clean Air for Rockbridge, and the County of Rockbridge challenged the plant's Prevention of Significant Deterioration permit. The Environmental…
Flintco, Inc.
Crane-training item withdrawn and case dismissed
Flintco was using a rough-terrain crane at a Tulsa construction site when the crane tipped over and its jib struck a passing vehicle, killing the motorist. OSHA cited Flintco for allegedly operating contrary to the manufacturer's limitations and for inadequate crane-hazard instruction. The judge…
Tri-State Construction, Inc. and National Engineering & Contracting Company
Inspection upheld and bridge-edge item vacated
Tri-State and National worked on a multi-employer interstate-highway rehabilitation project in Cincinnati. The employers challenged OSHA's initial warrantless inspection of an outdoor bridge work area and the later project-wide inspection conducted under a warrant. The Commission held that the…
Old Ben Coal Company
Discrimination finding upheld with $500 penalty
Billy B. Taylor worked at Old Ben Coal Company's underground Mine No. 24. The ALJ found that Taylor raised a good-faith safety concern about transportation through a blocked travelway and was suspended after doing so. The judge found that the suspension violated the Mine Act's discrimination…
Meador Energy, Incorporated
Settlement approved and penalty reduced to $1,908
Meador Energy, Incorporated faced a civil penalty proceeding involving Mine No. 1. The parties proposed a settlement reducing the penalty from $2,208 to $1,908. Judge Gary Melick found the settlement appropriate after considering the parties' submissions and MSHA Inspector Douglas Smith's…
Hays v. Leeco, Inc.
Settlement motion remanded to the ALJ
The Commission received a discrimination case on remand from the United States Court of Appeals for the District of Columbia Circuit. The court directed the Commission to reconsider whether Ricky Hays's conduct qualified as protected activity under section 105(c) of the Mine Act. Hays and Leeco…
Blount International, LTD.
Storage and electrical items affirmed, crane item vacated
Blount International was the general contractor building an aircraft hangar at Westover Air Force Base. The Commission affirmed a material-storage item because heavy structural steel was stored on deteriorated supports in a way that could allow it to spread or tilt. It also affirmed two electrical…
Ronald Weaver, employed by Consolidation Coal Company
Individual penalty assessed for knowingly ordered electrical violation
Ronald Weaver was the mine superintendent at Consolidation Coal Company's Humphrey No. 7 Mine. The Judge found that Weaver knowingly authorized and ordered workers to bypass overcurrent protection on trolley wires so coal hauling could continue, violating 30 C.F.R. § 75.1001. The evidence showed…
Helen Mining Company
Retaliatory discharges found in discrimination case
Helen Mining Company operated the Homer City Mine, where Joseph A. Smith served as a union safety committee chairman. Judge Roy J. Maurer found that the company discharged Smith in December 1990 and July 1991 because he engaged in protected safety activity, including raising safety complaints and…
D J and M Coal Company, Inc.
Default order vacated and remanded
D J and M Coal Company failed to answer a civil penalty proposal and an Administrative Law Judge's order to show cause, so the Judge entered a default order assessing a $1,000 penalty. The company's president later asked to withdraw the default and stated that the company had requested a hearing…
In re: Contests of Respirable Dust Sample Alteration Citations
Discovery motion granted in part and denied in part
In a master docket involving contests of respirable dust sample alteration citations, the contestants asked for documents that the Secretary had withheld under work product, attorney-client, deliberative-process, and investigative privileges. Judge James A. Broderick reviewed the documents in…
Avery Lake Property Owners Association
In re Avery Lake Property Owners Association (EAB UIC Appeal No. 92-1): permit review denied
Avery Lake Property Owners Association challenged a Class II underground injection control permit issued to Trendwell Oil Corporation for disposing of salt water from oil production wells in Montmorency County, Michigan. The association sought a hearing, a moratorium on nearby well drilling, and…
Ashland Oil, Inc., Floreffe, PA
In re Ashland Oil, Inc., Floreffe, PA (EAB SPCC Appeal No. 91-1): violations affirmed, penalty increased
Ashland Oil operated a petroleum marketing terminal in Floreffe, Pennsylvania. EPA alleged that Ashland’s Spill Prevention Control and Countermeasure Plan did not identify underground storage tanks and was not amended promptly after a 74,000-barrel tank was replaced with a 96,000-barrel tank. The…
N.A. Degerstrom, Inc.
Discrimination case dismissed after settlement
Roger Vogt brought a discrimination proceeding against N.A. Degerstrom, Inc. and Zortman Mining, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceedings with prejudice. Judge John J. Morris found good cause and granted the motion, dismissing the case. The order…
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.
Mountain Coal Company
Coal dust findings affirmed and withdrawal order modified
Mountain Coal Company contested a citation and a withdrawal order concerning combustible coal dust accumulations at the Trail Mountain Mine. Judge Michael A. Lasher, Jr. found both violations proven, with the withdrawal-order violation resulting from unwarrantable failure and high negligence. He…
Energy West Mining Company
Several citations modified and one vacated
Energy West Mining Company faced civil penalty proceedings involving eight alleged violations at the Cottonwood Mine, with four enforcement documents litigated at hearing. Judge Michael A. Lasher, Jr. approved the parties' resolution of two citations, affirmed one citation, modified two others by…
Secretary of Labor o/b/o Price v. Jim Walter Resources, Inc.
Discriminatory drug-testing discharges affirmed
Jim Walter Resources operated underground coal mines in Alabama and required employees whose duties involved safety to undergo random drug testing. Safety committee members Michael Price and Joe John Vacha were discharged after they could not provide urine samples during testing, although they…
In re: Contests of Respirable Dust Sample Alteration Citations
Reconsideration denied and discovery deadline extended
This master docket concerns citations alleging that mine operators altered the weights of respirable dust filter cassettes. The Secretary asked Judge James A. Broderick to reconsider his holding that an accidental, unintentional change in a cassette’s weight is not a violation of 30 C.F.R. §§…
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.