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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Mathies Coal Company
Back pay and litigation expenses ordered
Joseph G. Delisio and Mathies Coal Company stipulated to the amount of back pay with interest and litigation expenses after an earlier decision on liability. Judge William Fauver ordered the company to pay $99 in back pay with accrued interest and $2,000 in litigation expenses, including a…
Sanger Rock & Sand
Late interrogatories denied
Sanger Rock & Sand asked to file interrogatories after the evidence had closed in two civil penalty proceedings. Judge John J. Morris explained that the Commission's discovery rules are designed to begin discovery early and generally complete it before the evidentiary hearing. He denied the request…
Cyprus Emerald Resources Corporation
Mixed ruling on safety citations, orders, and penalties
Cyprus Emerald Resources operated the Emerald No. 1 coal mine, where MSHA cited walkway hazards, equipment conditions, and dozer operations around coal feeders. Judge George A. Koutras found a violation involving obstructions in a travelway, modified the related order to a section 104(a) citation…
Ampak Mining, Inc., Johnson Coal Company, Inc., Southern Hills Mining Co., Inc.
Ampak Mining, Johnson Coal, and Southern Hills (FMSHRC KENT 89-14-D and KENT 89-13-D): Discrimination claims upheld in part and dismissed in part
David Thomas and George Isaacs alleged that Ampak Mining retaliated against them after they refused unsafe work, raised safety concerns, or participated in related proceedings. Judge Gary Melick found that Ampak discriminated against both miners, including through demotions and layoffs, and that…
Energy Fuels Coal, Inc.
Settlement modifies two enforcement documents
Energy Fuels Coal, Inc. resolved three enforcement documents concerning its Southfield Mine through a settlement. Judge Michael A. Lasher, Jr. removed the significant-and-substantial designation from one citation, affirmed another citation, and modified a withdrawal order into a section 104(a)…
Energy Fuels Coal, Inc.
Settlement vacated, modified, and affirmed citations
Energy Fuels Coal, Inc. agreed with the Secretary to resolve 10 enforcement documents at its Southfield Mine. Judge Michael A. Lasher, Jr. vacated two citations because the record did not support them, removed the significant-and-substantial designations from three citations, and affirmed five…
Beaver Creek Coal Company
Contest dismissed as moot
Beaver Creek Coal Company disputed a withdrawal order and MSHA's handling of a proposed roof control plan modification at the Trail Mountain No. 9 Mine. MSHA later vacated the withdrawal order and approved the requested modification without the disputed condition. The Commission held that the…
Westwood Energy Properties
Jurisdiction ruling remanded for more evidence
Westwood Energy Properties operated a Pennsylvania culm bank and an electric generating facility that processed refuse from earlier coal mining. MSHA issued 18 citations and a withdrawal order after Westwood denied inspectors access and later challenged MSHA jurisdiction. The Commission held that…
Rick Stevenson v. Beaver Creek Coal Company
Summary decision denied in discrimination case
Rick Stevenson alleged that Beaver Creek Coal Company laid him off because of his safety and health activities and challenged the effect of a general release he signed when he received severance pay. Judge John J. Morris found a genuine factual dispute about whether the release was supported by…
Mid-Continent Resources, Inc.
Nonparty review petition dismissed
Mid-Continent Resources was involved in a dispute over miners' representative access at its Dutch Creek No. 1 Mine. The Commission dismissed the American Mining Congress petition for discretionary review because the organization was not a party below and had not shown a direct, concrete interest…
Rochester & Pittsburgh Coal Company
Guarding order modified and second order dismissed
Rochester & Pittsburgh Coal Company was cited after an inspector found unsecured guarding at the tail of a belt conveyor at the Greenwich Collieries No. 2 Mine. Judge Avram Weisberger found a violation of the guarding standard, but found that the evidence did not establish unwarrantable failure or…
Medusa Cement Company-Div/Medusa Corporation
Work-platform citation affirmed
Medusa Corporation used a mobile crane at the Clinchfield Mine to raise workers in a work platform attached to a wire rope and swivel hook. Judge Roy J. Maurer found that the platform lacked a device preventing free and uncontrolled descent, as required by the cited standard. The citation was found…
Winston Madden v. Ronald Summers and Sumco
Supplemental discrimination relief ordered
Winston Madden prevailed by default in a discrimination proceeding against Ronald Summers and Sumco. Judge Roy J. Maurer ordered the respondents to pay $10,215.11 in back wages and reimbursable expenses, $4,212.50 in attorney fees, and $75.24 in costs, with interest on the back-wage amount. The…
O'Neal Machine & Repair, Inc.
Settlement approved and $2,600 assessed
O'Neal Machine & Repair, Inc. was the respondent in a civil penalty proceeding involving Lobby No. 4 Mine. The parties proposed a settlement that reduced the penalty from $5,300 to $2,600. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria and ordered the…
Tunnelton Mining Company
Seven citations settled and $539 assessed
Tunnelton Mining Company faced seven alleged safety violations at Marion Mine across three dockets. The parties agreed to settle all seven citations, with four paid at the proposed amounts and three reduced. One significant-and-substantial finding was modified to non-S&S because injury was…
Appalachian Builders Corporation
Two citations amended and $140 assessed
Appalachian Builders Corporation was cited for four alleged violations at a preparation plant. Two citations concerned unsecured gas cylinders and combustible material on an air compressor. Judge Roy J. Maurer found both conditions violated the cited standards but removed their…
Island Construction Co., Inc.
Nine citations affirmed and $550 assessed
Island Construction operated a sand-extraction pit used for grading and fill. Judge James A. Broderick found that the operation was subject to the Mine Act because it extracted a mineral and affected interstate commerce through its equipment and sales. He affirmed nine citations involving brakes…
Adams Stone Corporation
Supplemental decision set aside for correction
The Secretary of Labor brought a discrimination proceeding on behalf of Fred Bartley against Adams Stone Corporation. Judge James A. Broderick said his November 13, 1989 supplemental decision had ordered back wages and other benefits based on a misunderstanding of the Secretary's back-wage…
Kelly Trucking Company
Training orders modified and $470 assessed
Kelly Trucking Company was cited after two people working around a dragline had not received required new-miner training and daily examination results were not recorded. Judge Roy J. Maurer found that the company was operating a mine and that the training and recordkeeping violations occurred. He…
Mettiki Coal Company
Electrical-equipment citation vacated
Mettiki Coal Company used diesel locomotives underground at its mine. MSHA cited the company for not recording a weekly examination under 30 C.F.R. § 75.512, which applies to electrical equipment. Judge William Fauver held that the standard did not cover diesel-powered locomotives merely because…
Secretary of Labor o/b/o Pena v. Eisenman Chemical Company
Request to reopen settlement denied
Juan G. Pena asked the Commission to reopen a discrimination proceeding and set aside a settlement that required Eisenman Chemical Company to pay $13,000 in back wages. The Commission held that the request came nearly four years after the settlement and was untimely to the extent it alleged fraud…
Mark Ciullo Construction Co., Inc.
Default penalties reduced to $575 by settlement
Mark Ciullo Construction did not answer the Secretary's complaint after contesting serious and nonserious construction citations. An ALJ dismissed the contest by default, affirmed the citations, and assessed $1,500. The parties later settled. The Secretary withdrew Item 1 of Citation 1 and cut the…
Sanger Rock & Sand
MSHA jurisdiction upheld
Sanger Rock & Sand argued that MSHA could not regulate its California property because the federal government did not own the land and California had not ceded it to the federal government. Judge John J. Morris held that the cited constitutional provision concerned federal control over the District…
Asarco, Inc.
Discrimination proceeding settled and dismissed
Bruce Mitchell and Asarco, Inc. reached an amicable resolution of the discrimination proceeding. Through counsel, the parties filed a stipulation of voluntary dismissal with prejudice based on their settlement agreement. Judge Michael A. Lasher, Jr. treated the stipulation as a withdrawal of…
Ideal Basic Industries, Inc.
Discrimination settlement approved
Thirteen complainants and Ideal Basic Industries reached a settlement in a discrimination proceeding involving the Ada Quarry and Plant. The company agreed not to restrict employees solely because they filed state workers' compensation claims based on work-related disabilities, to comply with Mine…
Industrial Constructors Corp.
Discrimination complaint sustained
Harry C. Ramsey worked as a crusher operator for Industrial Constructors Corp. at the Colosseum Mine. After Ramsey shut down equipment when dust prevented him from seeing workers, he argued with a supervisor, said he could not work under conditions that removed his ability to stop the machinery…
Peabody Coal Company
Discrimination complaint dismissed for lack of jurisdiction
Judge William Fauver issued a show-cause order giving Donald R. Babbs an opportunity to explain why his discrimination complaint should not be dismissed for lack of jurisdiction. Babbs did not respond by the deadline. The judge therefore dismissed the proceeding for lack of jurisdiction.
Yaple Creek Sand & Gravel
Six citations affirmed, two vacated
Yaple Creek Sand & Gravel, a one-person sand and gravel operation, was cited for eight Mine Act safety violations involving guarding, openings near travelways, an electrical junction box, and grounding systems. Judge John J. Morris held that a one-person operation is still subject to the Mine Act…
Ten-A-Coal Company
Two alarm citations affirmed, windshield citation vacated
Ten-A-Coal operated the Ward Mine, a small strip mine in West Virginia. MSHA cited two inoperative audible backup alarms and a cracked bulldozer windshield. Judge George A. Koutras affirmed the two alarm citations, vacated the windshield citation, and vacated the significant-and-substantial…
Dillingham Construction International
Citations affirmed, S&S findings partly modified
Dillingham Construction International was cited during its Puerto Rico dam project for conditions involving unguarded equipment, missing handrails, a broken conveyor emergency-stop cord, and unsuitable footwear. The company argued that it was a construction contractor outside MSHA jurisdiction, but…
Secretary of Labor v. Green River Coal Co., Inc.
Six mine-safety violations affirmed with $7,000 penalty
Green River operated the No. 9 underground coal mine in Kentucky, which employed about 200 miners and produced about one million tons of coal annually. The case involved inadequate ventilation that contributed to a methane explosion in which a loader operator suffered first- and second-degree…
Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers
Back wages and penalty ordered
The Secretary brought this discrimination proceeding on behalf of Robert Vaughn, who was employed by Sumco, Inc. and R.E. Summers. After an earlier decision on the merits, the parties did not stipulate to the amount owed, so the Secretary submitted a calculation and the respondents did not reply…
Secretary of Labor v. George's Branch Coal, Incorporated
Default ordered for $882.67
George's Branch Coal requested a hearing on a proposed civil penalty and later discussed a possible settlement with the Secretary's solicitor. The company did not return the proposed joint settlement motion, did not respond to a show-cause order, and then sent a $441.33 check without an agreement…
Secretary of Labor v. Carl A. Johnson, employed by Morton Salt Division/Morton Thiokol Inc.
Secretary of Labor v. Carl A. Johnson (FMSHRC CENT 89-54-M, CENT 89-60-M): Settlements approved for two mine-safety orders
The Secretary charged Carl A. Johnson under section 110(c) of the Mine Act with knowingly authorizing, ordering, or carrying out two alleged violations at the Morton Salt Weeks Island Mine. One order involved 30 C.F.R. § 57.9003 and had an initial assessment of $400, and the other involved 30…
Secretary of Labor v. Consolidation Coal Company
Mixed settlement order with one citation vacated
Consolidation Coal Company faced alleged violations at several West Virginia mines involving belt examinations, unsupported roof, obstructions, roof supports, fire sensors, haulage protection, ventilation, float coal dust, bleeder evaluation, combustible material, and preshift examinations. Judge…
Secretary of Labor v. Arthur Overgaard-Div./Mathy Construction Company
Settlement approved after fatal tail-pulley accident
The Secretary alleged that a 52-inch self-cleaning tail pulley on a crusher discharge belt conveyor was not guarded, and an employee became entangled and suffered fatal injuries. The violation was cited under 30 C.F.R. § 56.14001. The parties proposed reducing the penalty from $5,000 to $3,700…
Rushton Mining Company v. Secretary of Labor
Summary decision denied in hearing-conservation dispute
Rushton Mining challenged Citation No. 2889705, which alleged that the company failed to submit a hearing-conservation program plan within 60 days after a notice of violation. Rushton argued that the plan requirement applied only after a supplemental noise survey, while the Secretary argued that…
Secretary of Labor v. Coal Junction Coal Company, Inc.
Civil penalty proceeding dismissed
The Secretary brought a civil penalty proceeding against Coal Junction Coal Company, Inc. The Administrative Law Judge granted the Solicitor's motion and dismissed the case. The short order does not state the reason for the motion or address any mine-safety standard.
Secretary of Labor and United Mine Workers of America v. Birchfield Mining Company
Settlement motion accepted after one-day filing delay
The Commission had given the Secretary of Labor and the United Mine Workers of America until July 14, 1989, to respond to Birchfield Mining Company's renewed motion to dismiss and offer of judgment or to file a joint settlement motion. The joint motion arrived on July 17, one day after the…
Secretary of Labor on behalf of Donald J. Robinette and Joey F. Hale v. Bill Branch Coal Company, Inc.
Settlement of discrimination relief adopted
The Secretary brought these discrimination cases on behalf of Donald J. Robinette and Joey F. Hale against Bill Branch Coal Company. An earlier decision found that the company violated the Mine Act's protection against discrimination and directed the parties to identify the relief owed. After a…
Rochester & Pittsburgh Coal Company v. Secretary of Labor
Carbon-dioxide citation vacated at bleeder evaluation points
MSHA cited Rochester & Pittsburgh Coal Company after air samples at bleeder evaluation points and a nearby crosscut showed carbon dioxide above the 0.5 percent limit in 30 C.F.R. § 75.301. The operator argued that the cited locations were part of a bleeder system rather than active workings, so the…
Secretary of Labor v. Green River Coal Co., Inc.
Canopy and permissibility violations affirmed with $400 penalty
Green River operated the No. 9 underground coal mine in Kentucky, which employed about 200 workers and produced more than one million tons of coal each year. The case involved a scoop used at the coal face without its required canopy and a loading machine with a control-panel opening wider than the…
Secretary of Labor v. Blue Circle Atlantic, Incorporated
Unguarded moving conveyor pulley violation affirmed with $400 penalty
Blue Circle Atlantic operated a rock and stone mine where an employee applied speedi-dry to a conveyor pulley while the guard was open and the conveyor was running. The company conceded that the condition violated the rule requiring guards to be in place while machinery operates, but argued that an…
Rushton Mining Company v. Secretary of Labor
Weekly return-air-course examination violation modified
Rushton Mining operated an underground coal mine with several deep water holes in its return air courses. The company contested a citation alleging that the weekly examination was not made through the entire course and that required examiner initials, dates, and times were missing. Judge James A…
Secretary of Labor v. Mountain Parkway Stone, Incorporated
Mixed ruling on mine safety citations with $820 penalty
Mountain Parkway Stone operated the Staton Mine in Kentucky, producing limestone with a small workforce. Judge Avram Weisberger dismissed most of the citations because the Secretary did not provide enough evidence to establish the alleged conditions or their legal elements. He found several…
Secretary of Labor v. Davidson Mining, Inc.
Roof-support citation affirmed after partial settlement
Davidson Mining operated the No. 1 Mine, where a roof fall seriously injured a miner. Before the hearing, the parties settled three citations for violations involving 30 C.F.R. § 70.101 and agreed to penalties of $227 each. Judge Roy J. Maurer then found that the mine's roof support was inadequate…
Big Horn Calcium Company v. Secretary of Labor
Settlement approved with $2,776 in penalties
Big Horn Calcium Company resolved a group of contest and civil penalty proceedings involving its Warren Quarry and Mill. Judge Michael A. Lasher, Jr. approved the settlement, which reduced the negligence designations for one citation and one order, vacated another citation for insufficient…
Secretary of Labor v. Smoot Coal Company
Multiple violations affirmed with S&S findings partly vacated
Smoot Coal operated the Smoot Mine and faced eleven alleged violations involving rock dusting, conveyor guarding, ventilation, electrical equipment, roof and rib conditions, escapeway drills, and coal accumulations. The company stipulated that the cited conditions existed, and Judge George A…
Asarco, Incorporated v. Secretary of Labor
Discovery motions granted in part
Asarco contested citations involving alleged violations at its Immel Mine after a fatality. The Secretary sought depositions, interrogatory answers, and documents about the mine's compliance history, policies, management structure, and investigation. Judge Avram Weisberger required the Secretary to…
Southern Ohio Coal Company
Roof-control order modified and other penalties affirmed
Southern Ohio Coal operated the Martinka No. 1 coal mine. Four citations or orders were resolved by an approved settlement and affirmed with penalties totaling $3,350. The remaining order alleged that the mine failed to timber or post unused intersections and complete two cribs under its…
Tony Chaney, Employed by Morton Salt Division/Morton Thiokol Inc.
Default penalty entered
Tony Chaney was a mine maintenance supervisor at Morton Salt's Weeks Island Mine. MSHA sought a $400 civil penalty for an alleged knowing violation of 30 C.F.R. § 57.9003. Chaney did not answer the penalty proposal, and he also did not respond to the judge's order to show cause. The judge entered…
James Hamilton Construction
Settlement approved and discrimination case dismissed
Michael Albert Swinney brought this Mine Act discrimination proceeding against James Hamilton Construction. The parties reached a settlement under which the respondent would pay Swinney $1,000 and Swinney would dismiss the matter and waive civil penalties. Judge Michael A. Lasher found the…
Local Union 1810, UMWA v. Nacco Mining Company
Compensation affirmed and interest calculation modified
The United Mine Workers sought compensation for 87 miners who were idled after MSHA modified a withdrawal order at Nacco Mining's Powhatan No. 6 underground coal mine. The Commission held that a withdrawal-order modification can support a compensation claim and that Nacco could not challenge the…
Clinchfield Coal Company
Discrimination complaint dismissed
James L. Woody, a long-serving miner at Clinchfield Coal's Moss No. 3 Preparation Plant, objected to being required to work four hours of overtime. He argued that the overtime requirement was connected to earlier complaints about excessive dust and that his age and health made the work unsafe. The…
Consolidation Coal Company
Lost-workday reporting citation reversed
Consolidation Coal reported that miner Timothy Smith's hand injury caused no lost workdays after Smith missed his next shift. MSHA cited the company under 30 C.F.R. § 50.20(a), and the judge found that the missed shift resulted from the injury and medical treatment. The Commission reversed, finding…
Moltan Company
Settlement approval denied pending information
This civil penalty proceeding involved two citations at Moltan Company's mine. Judge Paul Merlin approved a $20 settlement for Citation No. 3253027. He declined to approve the proposed reduction of Citation No. 03252473 from $98 to $20 because the record described exposure to bare 480-volt…
Consol Pennsylvania Coal Company
Sprinkler citation vacated
MSHA cited Consol Pennsylvania Coal because nine combination belt-starter-transformer units did not have overhead sprinklers. The issue was whether those units were electrical controls covered by 30 C.F.R. § 75.1101-8(a). Judge James A. Broderick found that the units were enclosed in fireproof…
Beaver Creek Coal Company
Settlement approved and penalties set at $250
Beaver Creek Coal timely contested three citations but failed to file the required blue cards for the proposed penalties, resulting in automatic final orders to pay. The judge found that the omission was excusable neglect because the operator intended to contest the citations and the procedural…
A. H. Smith Stone Company
Mixed citation results and $2,937 penalty
A. H. Smith Stone Company faced civil penalties in two dockets involving machinery guards, electrical equipment, protective equipment, and other mine conditions. Judge Paul Merlin affirmed a guard violation but vacated its significant-and-substantial finding and assessed a $175 penalty. He affirmed…
Bandas Industries Incorporated
Mixed citation results and $1,638 in penalties
Bandas Industries faced 24 alleged violations at its Nolanville Quarry Plant in two dockets. The judge approved a settlement for 18 citations, withdrew one citation for lack of expert testimony, and dismissed another because the inspector could not recall the relevant facts. Of the three remaining…
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.