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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General Dynamics Land Systems Division, Inc.
Freon use inside assembled tanks violated the general duty clause
General Dynamics employees used large quantities of freon to clean oil from the interiors of assembled M-1 Abrams tanks. The Commission found that the enclosed crew, driver, and turret compartments were confined spaces when freon was introduced because ventilation and escape were limited and toxic…
Consolidation Coal Company
Penalty petition dismissed
The Secretary of Labor asked to withdraw the civil penalty petition against Consolidation Coal Company because the evidence was insufficient to establish a violation. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11 and dismissed the case. No civil penalty was…
Beth Energy Mines, Incorporated
Rib citations affirmed
Beth Energy operated the Cambria Slope Mine No. 33. MSHA cited the mine after inspectors found loose, unsupported ribs along a conveyor and track entry and determined that the area had not been adequately examined before the shift. Judge Gary Melick found that the conditions posed a serious fall…
Hern Iron Works, Inc.
Record-access citation reinstated after appellate reversal
OSHA cited Hern Iron Works for willfully refusing to provide required injury and illness records during a 1988 inspection. The judge vacated the citation after concluding that the inspection was not supported by a valid warrant, subpoena, or consent. The Ninth Circuit reversed because the record…
Contractors Welding of Western New York, Inc.
Providing life vests did not require their use
Contractors Welding employees repaired a drawbridge while working near deep water. Approved life vests were available at the site, but the welders were not wearing them. The Commission held that the standard's requirement to "provide" life vests meant to furnish or make them available, not to…
Donald Case
Decertification contest dismissed
Donald Case challenged the proposed revocation of his certification to take respirable-dust samples. Judge Paul Merlin found that the issues were the same as those decided in Roberts v. Secretary, and that the Roberts decision controlled. The judge held that Case had due-process interests arising…
Steven Perkins
Contest proceedings dismissed
Steven Perkins challenged the proposed revocation of his certification to take respirable-dust samples. The Secretary moved to dismiss, and the cases were governed by the ALJ's ruling in Roberts v. Secretary, Docket No. KENT 91-896-R. Judge Paul Merlin held that Perkins's certification rights were…
Daniel Serge
Contest proceedings dismissed
Daniel Serge challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with dust cassettes. Judge Paul Merlin held that Serge's certification interests were entitled to…
Kevin Tustin
Contest notices dismissed for lack of jurisdiction
Kevin Tustin challenged the Secretary of Labor's proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with dust cassettes. Judge Paul Merlin held that, although Tustin's certification…
Sandra Eastham
Contest proceedings dismissed
Sandra Eastham challenged the proposed revocation of her certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Eastham's certification interests were entitled to…
Daniel Serge
Contest proceeding dismissed
Daniel Serge challenged a proposed revocation of his certification to take respirable-dust samples. The Secretary moved to dismiss, and Serge relied on the result in Roberts v. Secretary, Docket No. KENT 91-896-R. Judge Paul Merlin held that Serge's certification rights were entitled to due-process…
Patrick Henry Fluty
Contest proceedings dismissed
Patrick Henry Fluty challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Eastern Mingo Coal Company for allegedly tampering with a dust cassette, and Fluty was identified as the operator's safety supervisor. Judge Paul…
Kimmie Noah
Contest proceedings dismissed
Kimmie Noah challenged the proposed revocation of certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Noah's certification interests were entitled to due-process…
Larry Flynn
Decertification contest dismissed
Larry Flynn challenged the proposed revocation of his certification to take respirable-dust samples. The Secretary's motion to dismiss was briefly late, but Judge Paul Merlin found no prejudice and treated the matter as ready for decision. Applying the ruling in Roberts v. Secretary, the judge held…
Freeman United Coal Mining Company
Fan-stoppage citation dismissed
Freeman United Coal Mining Company contested a citation alleging that its underground Crown II Mine had failed to withdraw people after the mine fan stopped for at least 15 minutes. The judge found that the testimony did not reliably establish when the fan stopped or restarted, and that the…
James Jack
Contest proceedings dismissed
James Jack challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Jack's certification interests were entitled to…
Benny Johnson
Contest proceedings dismissed
Benny Johnson challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Island Creek Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Johnson's certification interests were entitled to…
Paul Cotton
And related contestants (FMSHRC KENT 91-897-R and related dockets): Contest proceedings dismissed
Paul Cotton and eight other contestants challenged proposed revocations of their certifications to take respirable-dust samples. The parties agreed that the decision in Brent Roberts v. Secretary, Docket No. KENT 91-896-R, controlled the issues in these cases. Judge Paul Merlin entered dismissal…
Brent Roberts
Certification revocation contest dismissed
Brent Roberts challenged a proposed revocation of his certification to collect respirable-dust samples after MSHA alleged that dust samples connected to him had not been properly collected. Judge Paul Merlin held that the certification was a property right entitled to appropriate due-process…
The Ceco Corporation and McDevitt & Street Company
Shallow cavity ruling remanded
Ceco was a concrete-forming subcontractor and McDevitt & Street was the general contractor at a construction site with an unguarded cavity in a sixth-floor forming deck. The cavity was approximately 10 by 12 feet and 20¾ inches deep. The judge vacated the citation because an employee could not fall…
Lanham Coal Company, Inc.
Safety-belt decision vacated and remanded
Lanham Coal was cited after an independent contractor's truck driver fell from a truck while unrolling a tarp at the company's surface coal mine. The citation alleged that the driver should have been using a safety belt and line under 30 C.F.R. § 77.1710(g). The Commission held that the standard…
Peabody Coal Company
Ventilation-plan citations affirmed
Peabody Coal challenged two citations alleging that its Martwick and Camp No. 2 mines were operating without approved ventilation plans. The dispute concerned requirements for extending line brattice and maintaining at least 3,000 cubic feet per minute of air during roof bolting in deep cuts. Judge…
Ronald Tolbert
And related complainants (FMSHRC KENT 86-123-D and related dockets): Settlement dismissal
Ronald Tolbert, Odell Maggard, and the Secretary of Labor were complainants in related discrimination proceedings against Chaney Creek Coal Corporation and Dollar Branch Coal Corporation. The complainants requested permission to withdraw their complaints under a mutually agreeable settlement. Judge…
Consolidation Coal Company
Ronald Lee Shriver v. Consolidation Coal Company (FMSHRC WEVA 91-1772-D): Discrimination complaint dismissed with prejudice
Ronald Lee Shriver asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Avram Weisberger granted the motion and dismissed the case with prejudice. The order does not identify a mine safety standard or assess a civil penalty.
Westmoreland Coal Company
Trolley-wire citation vacated because miners did not travel under the wire
Westmoreland Coal operated the Bullitt Mine, an underground coal mine in Virginia. MSHA cited the company after finding that a guard around an energized trolley wire had come loose where the wire passed under a conveyor belt. The Commission held that the Mine Act standard required guarding where…
Conagra Flour Milling Co.
Hazard-communication item withdrawn
A judge affirmed an other-than-serious hazard-communication item against Conagra Flour Milling because its written chemical list included benzene even though benzene was not present at the facility. No penalty was assessed for that item. After Commission review was directed, the Secretary…
West Elk Coal Company, Inc.
Settlement approved and contest dismissed
West Elk Coal Company contested a citation concerning its mine ventilation system, and a related civil penalty proceeding concerned two alleged violations. After the hearing, the parties reached a settlement. Judge August F. Cetti approved the agreement, affirmed one citation with a $20 penalty…
Wyoming Fuel Company
Imminent-danger withdrawal order vacated
Wyoming Fuel Company operated the Golden Eagle Mine, an underground coal mine in Colorado. During an inspection, MSHA measured methane above 1.5 percent in a return entry and issued an imminent-danger withdrawal order under section 107(a) of the Mine Act. The Commission agreed with the ALJ that the…
Texas Utilities Mining Company
Settlement approved and penalties resolved
Texas Utilities Mining Company faced civil penalty proceedings concerning the Martin Lake Strip. The Secretary moved to approve a settlement and dismiss the cases, explaining that MSHA could not locate the inspector's notes for six citations and that the inspector lacked sufficient independent…
Consolidation Coal Company
Settlement approved and penalty reduced
Consolidation Coal Company faced a civil penalty proceeding concerning the Humphrey No. 7 Mine. The Secretary vacated one citation for insufficient evidence and proposed reducing the remaining penalty from $212 to $135. Judge Gary Melick approved the settlement and ordered payment of the $135…
Consolidation Coal Company
Michael E. Holland v. Consolidation Coal Company (FMSHRC WEVA 90-315-D): Discrimination complaint dismissed with prejudice
Michael E. Holland asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Avram Weisberger granted the motion and dismissed the case and related claims with prejudice. The order specifically included claims concerning Part 90 status, required metatarsal boots, and…
Jewell Smokeless Coal Corp.
Equipment shop held within MSHA jurisdiction
Jewell Smokeless Coal Corporation operated an equipment shop in Virginia that maintained and repaired bulldozers, trucks, loaders, and other equipment used at coal mines, a coal tipple, and a coke facility. The operator argued that the shop was outside MSHA jurisdiction because it had no mine…
R B Coal Company, Incorporated
Settlement approved and penalty reduced
R B Coal Company faced a civil penalty proceeding concerning Mine No. 3. The Secretary proposed reducing the penalty from $300 to $100 as part of a settlement, and the company agreed to send future dust samples by certified mail. Judge Gary Melick approved the settlement and ordered payment of the…
Sprinkle Masonry, Inc.
Scaffold case settled for $7,000
Sprinkle Masonry contested scaffold items alleged as willful, two repeat ladder-related instances, and an other-than-serious item. Under the settlement, the Secretary removed the willful characterization from the scaffold violations and Sprinkle Masonry withdrew its contest to those items. The…
Consolidation Coal Company
Automatic-coupler citation affirmed with $300 penalty
Consolidation Coal Company was cited at the Loveridge No. 22 Mine after damaged and inoperative cutoff levers on two supply cars created a risk that miners would go between cars to uncouple them. The company did not dispute the violation but argued that it was not significant and substantial and…
Peabody Coal Company
Withdrawal order modified and citation affirmed
Peabody Coal Company was cited after miners performed electrical work on an energized continuous miner at its Mine No. 10. The operator disputed whether the violation was significant and substantial and whether it involved high negligence, pointing to evidence that the machine had earlier been…
Peabody Coal Company
Three walkaround-pay citations affirmed
Peabody Coal Company challenged three citations issued after it paid only one miners' representative for each of two separate MSHA inspection dates at its Martwick Underground Mine. The inspection teams had separate assignments, and the unpaid representatives accompanied individual inspectors…
Pan American Tanning Corporation
Secretary ordered to file a Rule 35 complaint
The judge allowed the Secretary to use a complaint prepared under Commission procedures that had been superseded in 1986. Pan American Tanning sought interlocutory review of that ruling. The Commission granted review, struck the complaint, and required the Secretary to file a new complaint…
Andalex Resources, Inc.
Fire and escapeway citations split
Andalex Resources contested citations involving an inoperative fire suppression system and leaking drive-through doors that compromised separate underground escapeways. Judge John J. Morris found the fire suppression violation significant and substantial, and he affirmed the two escapeway…
Arch of Kentucky, Inc.
Roof-condition settlement approved
Arch of Kentucky contested a roof-support citation and an imminent-danger order issued after an unintentional roof fall at Mine No. 37. The parties agreed that the roof conditions resulted without fault by the operator, which had barricaded the area and withdrawn mine personnel. Judge George A…
H. Schickel General Contracting, Inc.
Penalties reduced to $600 in settlement
H. Schickel General Contracting contested only the $1,200 in penalties proposed for two serious citation items. A judge dismissed the contest after the company failed to file an answer despite a show-cause order. During Commission review, the parties settled the penalty dispute by reducing item 1…
Consolidation Coal Company
Settlement approved with $200 penalty
Consolidation Coal Company reached a settlement with the Secretary after an MSHA inspector testified at the scheduled hearing. Judge Avram Weisberger approved a reduction of the proposed penalty from $1,600 to $200 after considering the parties' submissions and testimony. He ordered payment within…
Consolidation Coal Company
Section 104(b) order upheld
Consolidation Coal Company contested a section 104(b) withdrawal order issued after mud, water, debris, loose track joints, and a shifted trolley wire remained on a haulage track at the Robinson Run No. 95 Mine. The operator argued that it had abated the original conditions and that a later…
Sherman, employed by Blackhawk
Default order vacated and case remanded
Bob Sherman, employed by Blackhawk, was found in default after failing to answer the Secretary's civil penalty proposal and an order to show cause. The Commission received a letter explaining that Sherman had been hospitalized until the day after the response deadline, and he had sent $25 believing…
LJ'S Coal Corporation
Multiple mine-safety violations adjudicated
LJ'S Coal Corporation faced consolidated proceedings involving roof control, accident reporting, fire suppression, dust-control planning, roadway berms, and underground electrical safety at its No. 3 and No. 4 Mines. Judge Avram Weisberger found several serious and significant-and-substantial…
Manalapan Mining Company, Inc.
Ventilation citation vacated after airflow testing
Manalapan Mining Company operated an underground coal mine. MSHA alleged that ventilation air for a working section was passing through a gob area and cited 30 C.F.R. § 75.312. The judge found that the air movement observed in front of nine curtains was caused by a swirling effect from a…
Delford Industries, Inc.
Grounding item withdrawn after cited standard proved unsupported
The remaining item against Delford Industries concerned an ungrounded plug on a chemical tank. The judge had modified and affirmed the item under the electrical grounding provision and assessed $300. During Commission review, the Secretary concluded that the record did not establish which…
Seibel Modern Manufacturing & Welding Corporation
Welding-eye-protection item remanded on infeasibility
Seibel used pairs of employees to fit and tack-weld large metal battery cases, with welders wearing shaded helmets while helpers wore only clear prescription glasses. The Commission held that clear lenses were not "proper eye protection" because the welding standard and its related specifications…
Atlas Industrial Painters
Safety-belt item remained willful, ladder item reduced
Atlas employees painted a bridge from small scaffolds about 30 feet above the ground without tied-off safety belts, lifelines, nets, or ladder extensions. The Commission affirmed the safety-belt item as willful because Atlas knew the requirement, had a prior fall-protection citation, and declined…
Mettiki Coal Company
Proceedings concluded after penalty settlement
Mettiki Coal Company contested two citations issued at the Mettiki General Prep Plant. The order states that a penalty settlement for both citations was approved on July 12, 1991, in Docket No. YORK 89-42. Because the settlement resolved the two proceedings, the judge ordered that all proceedings…
Consolidation Coal Company
Three citations resolved with settlements and an affirmed violation
Consolidation Coal operated the Blacksville No. 1 underground coal mine. The judge approved settlements for two citations, including a reduced $350 penalty for an accumulation of loose coal and float coal dust and a $276 penalty for failing to report a hazardous roof condition during a weekly…
Andersen Sand & Gravel Company
Berm violation affirmed with $500 penalty
Andersen Sand & Gravel operated a seasonal sand-and-gravel pit and dredging plant in Michigan. A berm was missing along 10 to 50 feet of a roadway bank beside a lake, where the drop-off was about 12 feet. The judge found that the condition violated 30 C.F.R. § 56.9300(a), which requires berms or…
Cobra Mining, Inc., Jerry K. Lester and Carter Messer
Back wages and other relief ordered after discriminatory discharge
This discrimination proceeding arose from the discharge of Amos Hicks by Cobra Mining, Jerry K. Lester, and Carter Messer. After an earlier remand decision, the judge reviewed Hicks's requested relief and ordered payment of $5,111.59 in back wages, $1,024.85 in interest, and specified telephone…
Lancashire Coal Company
Petition for reconsideration denied
Lancashire Coal Company asked the Federal Mine Safety and Health Review Commission to reconsider its June 11, 1991 decision in six related dockets. The Secretary of Labor filed a response opposing the petition. After considering the petition and response, the Commission denied the petition. This…
Pyro Mining Company
Ventilation-plan citation vacated
Pyro Mining Company contested a citation alleging that it failed to follow its approved ventilation plan at the No. 9 Wheatcroft Mine. The plan said crosscuts should be positioned near the face of abandoned rooms “when practical,” with line curtains used as needed. The judge found that the…
Green River Coal Company, Inc.
Methane and coal-dust findings mixed
Green River Coal operated an underground coal mine with three consolidated dockets. The judge found that methane in a return-air split violated the requirement to reduce methane below one percent and that the operator’s failure to act on a recorded methane reading was unwarrantable. The judge also…
James D. McMillen, Employed by Shillelagh Mining Company
$3,000 settlement approved
James D. McMillen, employed by Shillelagh Mining Company, was the respondent in a civil penalty proceeding involving the No. 5 Mine. The parties agreed to settle the matter for $3,000. Judge Paul Merlin approved the settlement under the provisions of the Mine Act. The operator was ordered to pay…
Warm Springs Forest Products Industries, and the Confederated Tribes of the Warm Springs Reservation
Tribal sawmill case remanded under Ninth Circuit mandate
Warm Springs Forest Products Industries was a sawmill owned and operated by the Confederated Tribes on reservation land. The judge dismissed OSHA's complaint because he concluded that enforcement would interfere with the treaty right to exclude non-Native Americans. The Ninth Circuit reversed…
R B Coal Company, Inc.
Water-pressure order affirmed, $1,000 penalty assessed
R B Coal operated an underground coal mine in Kentucky. The judge found that the mine violated its approved ventilation, methane, and dust control plan because a continuous miner could not maintain the required 75 psi water pressure. The judge also found that the violation was highly negligent…
Pyro Mining Company
Settlement raises one penalty and vacates two enforcement actions
Pyro Mining contested two orders and one citation arising at its Pyro No. 9 Slope, Wheatcroft Mine. The parties agreed to leave Order No. 3421655 in place while increasing its assessed penalty from $2,000 to $2,500. The Secretary also moved to vacate Order No. 3421656 and Citation No. 3419883, and…
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.