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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Consolidation Coal Company
Roof-control order modified and settlement approved
MSHA alleged that loose, unsupported roof material remained in a belt-conveyor entry at Consolidation Coal's Robinson Run No. 95 Mine. Judge Paul Merlin found a violation of 30 C.F.R. § 75.202(a) and found it significant and substantial, but vacated the unwarrantable-failure finding because the…
K T K Mining and Construction Company
Five settlements approved and penalties reduced
K T K Mining and Construction Company faced five civil penalty proceedings involving its K T K No. 2 Mine. The parties proposed settlements that reduced the penalties from $3,157 to $335 for KENT 88-113, from $16,331 to $2,826 for KENT 88-114, from $80 to $13.32 for KENT 88-125, from $1,294 to…
S H M Coal Company
Illegal mining findings and penalties affirmed in part
The Secretary alleged that three independent contractors were operating an unlicensed surface coal mine while claiming to prepare a house site. Judge George A. Koutras found that the activity was surface mining subject to the Mine Act and affected interstate commerce. He affirmed violations for…
Tanner Sand & Gravel
Settlement approved and $40 penalty assessed
Tanner Sand & Gravel was the respondent in a Mine Act civil penalty proceeding brought by the Secretary of Labor through MSHA. The parties asked the judge to approve a settlement and dismiss the case, and the company agreed to pay the proposed $40 penalty in full. Judge Gary Melick found the…
Don Griffith Construction
Discrimination settlement approved and case dismissed
Charles Herren brought a Mine Act discrimination proceeding against Don Griffith Construction. The parties amended their settlement so the respondent would pay Herren $2,000, representing three weeks of back wages and damages. Judge James A. Broderick approved the agreement under section 105(c) and…
Consolidation Coal Company
Settlements approved and $2,156 assessed
Consolidation Coal Company and McElroy Coal Company faced three related civil penalty dockets involving the Humphrey No. 7, Blacksville No. 2, and McElroy mines. The parties agreed to reduce the penalties, change one citation from significant and substantial to non-S&S, and modify two orders to…
Monterey Coal Company
Fees and expenses awarded after discrimination case
Paula L. Price had prevailed on one discrimination allegation against Monterey Coal Company, and the ALJ then considered her request for attorney's fees and other expenses. The judge found that $187.36 in grievance-related expenses was sufficiently connected to the discrimination proceeding, but…
Secretary of Labor o/b/o Aleshire v. Westmoreland Coal Company
Prehire training compensation denied
Seven Westmoreland Coal miners were laid off from surface jobs and completed underground new-miner training at their own expense while waiting for recall. After they were rehired, the Secretary sought compensation for their training time and reimbursement of their expenses under the Mine Act. The…
Utah Power and Light Company
Temporary relief denied for section 104 citation
MSHA issued Utah Power and Light Company a citation and withdrawal order involving alleged combustible accumulations at its Cottonwood underground coal mine. After the ALJ modified the predicate order to a section 104(a) citation and upheld the later withdrawal order, Utah Power asked the…
Urralburu Mining Company
Radon-exposure citation affirmed and $20 penalty assessed
Urralburu Mining Company's Breezy Mine exposed two miners to radon-daughter concentrations above the 1.0 working-level limit in an active working area. Judge Michael A. Lasher found that the inspector's samples established a violation of 30 C.F.R. § 57.5039 and that the operator's explanation about…
Beaver Creek Coal Company
Settlement approved and $120 penalty assessed
MSHA charged Beaver Creek Coal Company with three safety violations at the Trail Mountain No. 9 Mine. Beaver Creek agreed to withdraw its contest and pay $20 for one citation, and to accept a redesignated section 104(a) significant-and-substantial citation with a $100 penalty for a second matter…
Beaver Creek Coal Company
Settlement approved and $147 penalty assessed
MSHA charged Beaver Creek Coal Company with nine safety violations at the Trail Mountain No. 9 Mine. The Secretary agreed to vacate one combustible-accumulation citation for insufficient evidence, and Beaver Creek agreed to pay the proposed $147 penalty for a second combustible-accumulation…
Troy W. Conway, Jr. v. Peabody Coal Company
Discrimination complaint dismissed despite protected activity
Troy W. Conway, Jr., a lab technician at Peabody Coal Company's Camp No. 9 Preparation Plant, complained about missing hazard information and protective equipment for perchlorethylene used in coal testing. Judge Gary Melick found that Conway engaged in protected safety activity and that the…
Lakeview Rock Products, Inc.
Four-violation settlement approved for $110
Lakeview Rock Products, Inc. faced four civil penalty violations at its Lakeview Rock Products Pit. At the hearing, the operator and the Secretary agreed that three original $20 assessments would be paid in full and that the $68 assessment for a fourth citation would be reduced to $50. Judge…
Peabody Coal Company
Travel time for miners' representative ordered paid
Mike E. Ammerman was a member of the safety committee at Peabody Coal Company's Camp No. 2 Mine and served as the miners' representative during an MSHA inspection. Peabody did not pay him for travel between the mine's West and East Portals and docked one hour from his April 7 pay and 15 minutes…
Jim Walter Resources, Inc.
Citation for intending to violate ventilation-plan rule vacated
MSHA cited Jim Walter Resources after the operator stated that it would no longer adopt its previously approved ventilation, methane, and dust control plan while seeking approval of a supplement. The citation described the violation as intending to adopt an unapproved plan, but the Secretary argued…
Virgnia Carbon, Inc.
Temporary reinstatement ordered after safety complaint
John L. Jones, Jr. worked as a scoop operator at Virginia Carbon's Mine No. 4 and was discharged after refusing to sign an examination book and leaving a note about miners working under unsupported roof. Judge William Fauver found that the evidence showed a substantial, nonfrivolous basis for the…
Florence Mining Company
Remand penalty reduced to $100
The Commission had affirmed Florence Mining Company's violation of 30 C.F.R. § 75.1704, reversed the findings of unwarrantable failure and significant and substantial violation, and remanded the case for reconsideration of the civil penalty. On remand, Judge William Fauver considered the Mine Act…
Thomas H. Gille v. Yellow River Supply Corporation
Temporary-reinstatement application withdrawn and case dismissed
Thomas H. Gille sought temporary reinstatement in a discrimination proceeding against Yellow River Supply Corporation. The Secretary moved to withdraw the temporary-reinstatement application after reporting that Gille had obtained other employment and was no longer interested in temporary…
Edward Kraemer & Sons, Inc.
Warning-sign citation dismissed and inspection-denial violation penalized
Edward Kraemer & Sons operated the White Rock Quarry. Judge Avram Weisberger dismissed a citation alleging that the quarry failed to barricade or post warnings around loose highwall material because the evidence did not establish a qualifying hazard that was not immediately obvious to employees…
Green River Coal Company
Settlement approved and $6,800 assessed
Green River Coal Company faced consolidated civil penalty proceedings involving Mine No. 9 under the Federal Mine Safety and Health Act. At the hearing, the parties first proposed reducing the penalties from $7,100 to $5,400 and changing two section 104(d)(1) orders to section 104(a) citations…
Decondor Coal Company
Discrimination proceeding dismissed after settlement
The Secretary of Labor brought a discrimination proceeding on behalf of David S. Haynes against Decondor Coal Company concerning Mine No. 6. The parties reached a settlement, and the Secretary moved to withdraw the discrimination complaint. Judge Avram Weisberger found that the settlement fairly…
Mid-Continent Resources, Inc.
Escapeway violation affirmed, S&S and unwarrantable designations stricken
Mid-Continent Resources operated the Dutch Creek No. 1 underground coal mine. MSHA issued an order alleging that an intake-air escapeway was not maintained in a safe, travelable condition because of floor heaving, water, debris, and other tripping hazards. Judge John J. Morris rejected the…
Cobblestone, Ltd.
Citations affirmed, modified, and vacated with $800 in penalties
Cobblestone, Ltd. operated a small pit and crusher business that MSHA inspected after the operator moved the crusher to a new location. The judge found that the plant had operated while electrical hazards were present, and affirmed most of the cited violations involving grounding, wiring, guarding…
Mikel Company, Inc.
Grounding item settled for $1 after mixed plant ruling
Mikel Company manufactured furniture at a Bronx plant where OSHA cited flammable-liquid storage, spray-finishing, hazard communication, posting, and injury-recordkeeping conditions. The ALJ affirmed several storage-room and spray-booth ventilation items with $375 in penalties, vacated several…
Frank Irey, Jr., Inc.
Training order modified and $700 in penalties assessed
Frank Irey, Jr., Inc. faced two citations at the Loveridge Preparation Plant concerning miner training and welding near float coal dust. The parties settled one citation for its proposed $500 penalty, while the judge found that employees doing extended maintenance work were miners covered by the…
Green River Coal Company
Remand decision reaffirmed the contested citation findings
Green River Coal Company faced a civil penalty proceeding concerning a section 104(a) significant-and-substantial citation for an alleged violation of the safeguard provisions in 30 C.F.R. § 75.1403(5)(g). The Commission had vacated the ALJ's earlier decision because it was issued before the…
Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers
Discriminatory discharge found and relief ordered
Robert Vaughn worked for Sumco, Inc. and R.E. Summers at a coal reclamation operation. Judge James A. Broderick found that Summers discharged Vaughn in part because the operator was concerned that Vaughn lacked required safety training and that MSHA might issue another citation or closure order…
Beth Energy Mines, Inc.
District-wide safeguard citation vacated
Beth Energy operated Mine 108, where MSHA issued a citation based on a safeguard that had been applied across the district and later modified. The Secretary alleged that the resulting condition was a significant-and-substantial violation of 30 C.F.R. § 75.1403. Judge Gary Melick concluded that the…
Williams Mechanical and Welding, Inc.
Lifeline violation affirmed with $900 penalty
Williams Mechanical and Welding was performing maintenance and repair work inside a gypsum storage bin at Giant Cement's quarry and cement plant. Tyrone Gardner entered the bin without fastening his safety belt to a lifeline and was later pinned by gypsum and killed. Judge James A. Broderick found…
Florida Mining & Materials
Seven reporting violations affirmed with $350 penalty
Florida Mining & Materials operated the Brooksville Rock Plant. The company admitted seven violations of 30 C.F.R. § 50.20 for failing to submit required MSHA accident reports. Judge Gary Melick found that the reporting failures were serious because accurate Part 50 reporting supports MSHA's safety…
Tennessee Chemical, Inc.
Ground-support violation affirmed after fatal rock fall
Tennessee Chemical operated the Cherokee underground copper mine in Tennessee. A rock fall in an unbolted area killed development driller Steve Dillard and permanently injured Joshua Waters, and MSHA cited the operator for failing to provide ground support required by its operating experience. The…
L & L Gravel
Amended default order directs payment of $74
L & L Gravel was involved in a civil penalty proceeding concerning Portable Dredge No. 1. The Chief Administrative Law Judge explained that the earlier default order had treated three citations as still pending even though one had been vacated. He entered default on the remaining two citations and…
Nevada Mineral Processing
Seven violations affirmed with $253 penalty
Nevada Mineral Processing operated a custom mill that was still under construction, with an assay area already processing mineral samples. Judge Michael A. Lasher, Jr. held that the facility was a mine covered by the Mine Act and that the operator was not entitled to a compliance-assistance visit…
Joliet Sand and Gravel Company
Fatal-accident settlement approved for $2,900
Joliet Sand and Gravel operated the Rockdale Quarry. The Secretary alleged that the quarry lacked safe access to the controls of a rock breaker and lacked a start-and-stop electrical control on the boom after a fatal accident involving the machine. Judge Roy J. Maurer approved the parties'…
Mettiki Coal Corporation
Airflow order reduced to non-S&S, non-unwarrantable citation
Mettiki Coal operated the Mettiki Mine. MSHA found that a damaged check curtain allowed air from a belt entry to ventilate an active working section, contrary to 30 C.F.R. § 75.326. Judge Avram Weisberger found that the violation occurred, but the evidence did not establish a reasonable likelihood…
Consolidation Coal Company
Late accident report settlement approved at $75
Consolidation Coal operated the Blacksville No. 1 Mine. The operator submitted an accident report one day late, violating 30 C.F.R. § 50.20(a). Judge Paul Merlin found that the holiday weekend greatly mitigated negligence, approved the parties' settlement, and assessed a $75 penalty instead of the…
Mid-Continent Resources, Inc.
Settlement approved and discrimination claims dismissed
Manuel L. Gomez brought a temporary-reinstatement request and a discrimination complaint against Mid-Continent Resources involving the Dutch Creek Mine. Before the merits hearing concluded, the parties reached a settlement. Gomez agreed to withdraw the temporary-reinstatement request, waive…
Edward Kraemer & Sons, Incorporated
Unguarded flywheel violation modified to non-S&S with $20 penalty
Edward Kraemer & Sons operated White Rock Quarry in Ohio. MSHA cited the company after finding that an exposed, rapidly rotating crusher flywheel near the operator's ladder was not guarded. Judge Avram Weisberger found that a worker could contact the flywheel and be injured, but that a significant…
Ideal Basic Industry/Cement Company
Settlement reached and discrimination proceeding dismissed
James H. Colquitt brought a discrimination proceeding against Ideal Basic Industry/Cement Company involving the Ada Quarry. The parties' lawyers executed a stipulation of voluntary dismissal and confirmed that they had reached a settlement. Judge Michael A. Lasher, Jr. dismissed the proceeding with…
C. W. Mining Company
Partial settlement approved, remaining violation decided by default
C. W. Mining Company operated the Bear Canyon No. 1 Mine. The Secretary proposed settlements for two violations, involving a belt control switch and compliance with the roof control plan, reducing the penalties from $192 to $134 and from $294 to $206. Judge Paul Merlin approved those settlements…
Liggett Industries, Inc.
Discrimination complaint sustained after constructive discharge
Stenson Begay worked as a certified welder for Liggett Industries at the McKinley Mine. He complained that smoke and welding fumes inside a dragline base were not adequately ventilated and left after management said it would not buy more blowers. Judge Roy J. Maurer found that Begay reasonably and…
Paroki Enterprises, Inc.
Settled discrimination case dismissed with prejudice
Blaine K. Deel brought a discrimination proceeding against Paroki Enterprises involving the No. 1 Truck Mine. The parties jointly asked to dismiss the case after reaching a mutually agreeable settlement. Judge Roy J. Maurer allowed Deel to withdraw the complaint, dismissed the case with prejudice…
Amber Coal Company, Inc.
Settlement approved with $6,000 penalty
Amber Coal Company operated the Amber No. 7 Mine. MSHA proposed an $8,500 civil penalty for an alleged violation of the roof-control standard at 30 C.F.R. § 75.200. The parties submitted a settlement under which Amber agreed to pay $6,000. Judge George A. Koutras found the settlement reasonable and…
Camp Fork Fuel Company
Penalties paid after remand and case dismissed
Camp Fork Fuel Company had five uncontested violations in a civil penalty proceeding. After the Commission vacated an earlier dismissal and remanded the case because the assessed penalty had not been paid, MSHA reported that the company had paid $441 toward this assessment and later sent another…
Kyanite Mining Corporation
$5,000 settlement approved for training violations
Kyanite Mining Corporation faced 24 training-related civil penalty violations at its East Ridge Plant. MSHA proposed a total penalty of $7,200 for failing to provide new-miner safety training. Before testimony began, the parties proposed a settlement reducing the penalty to $5,000, and Judge Roy J…
Simpson v. Kenta Energy, Inc.
Commission affirms discrimination findings on remand
Robert Simpson left his scoop-operator job at Kenta Energy's No. 1 Mine after safety concerns about mine examinations and mining toward abandoned workings. The Commission, acting after a federal appeals court remand, held that Simpson's work refusal was protected because communication with…
Eastern Associated Coal Corporation
Supplemental compensation amounts ordered
Local Union 1570 sought compensation for idled miners at Eastern Associated Coal Corporation's Federal No. 2 Mine. Judge George A. Koutras had already issued a partial decision on the compensation claims and asked the parties to stipulate to the amounts of wages and interest due. After receiving…
Rushton Mining Company
Rule 11 fees unavailable in Commission proceedings
Rushton Mining sought attorney's fees and litigation expenses from the Secretary of Labor as a sanction under Federal Rule of Civil Procedure 11 after the Secretary withdrew a contested withdrawal order and related penalty petition. The Commission held that Rule 11 monetary sanctions do not apply…
Secretary of Labor v. Green River Coal Company
Commission remands decision issued before briefs
The Secretary of Labor asked the Commission to review an administrative law judge's decision in Green River Coal Company's KENT 88-152 case. The judge had issued the decision before the date set for post-hearing briefs and before receiving those briefs. The Commission granted review, vacated the…
Florence Mining Company
Escape-facility violation affirmed, aggravated findings reversed
Florence Mining removed an approved emergency escape hoist from service for about five and a half hours while miners were underground. The Commission affirmed that this violated 30 C.F.R. § 75.1704 because the approved plan required the hoist to remain available while miners were underground. It…
Ozark-Mahoning Company
Lockout citation affirmed with reduced penalty
MSHA cited Ozark-Mahoning after an employee performed mechanical work inside a mine hoist skip while the hoist remained energized and the power switches were not locked out. Judge George A. Koutras found a violation of 30 C.F.R. § 57.12016 and denied the company's contest. He rejected the…
Colorado Silica Sand, Inc.
Guard citation affirmed with $40 penalty
MSHA cited Colorado Silica Sand after finding that a guard was missing from the head pulley of a conveyor at the company's Wolf Pit No. 1 and Plant. Judge John J. Morris credited the inspector's testimony that the plant was operating and found that the guard requirement applied even though the…
A. H. Smith Stone Company
Backup alarm violation affirmed with $395 penalty
A. H. Smith Stone Company operated a Terex front-end loader at its Louisa Plant without an operable backup alarm. The judge found that the condition had continued for about two weeks, exposed people on foot in the loading area to a high risk of serious injury, and supported high negligence and a…
A. H. Smith Stone Company
Default order vacated and case remanded
A. H. Smith Stone Company failed to answer MSHA's civil penalty complaint and two orders to show cause, leading the ALJ to enter a default order and assess $362 for four alleged violations. A related company later asked to reopen the case, explaining that the filings had been sent to former…
Falkirk Mining Company
Injury-reporting citation affirmed with $20 penalty
Falkirk Mining Company was cited for failing to report an employee's job-related back injury to MSHA on Form 7000-1. The employee strained his back while installing an overhead crane, saw a chiropractor, and then received medication and muscle relaxants from a medical doctor. Judge August F. Cetti…
Warren E. Manter Company, Inc.
Three citations affirmed with reduced penalties
Warren E. Manter Company was cited for four conditions at its Richardson Pit Mine, including a discharged fire extinguisher, an oily generator-trailer walkway, an exposed electrical junction box, and missing conveyor guards. The judge vacated the fire-extinguisher citation because the evidence did…
East Penn Manufacturing Company
Overtime rule changed, but citation vacated for fair notice
East Penn voluntarily removed a pregnant employee from lead exposure and initially continued both her base wages and expected overtime. After the Commission ruled in an earlier case that lead medical-removal benefits did not include overtime, East Penn stopped the overtime payments. The Commission…
ASARCO, Inc.
Lead medical-removal benefits include lost overtime
ASARCO transferred employees from lead-exposed jobs after blood tests showed excessive lead levels. The company maintained regular pay but did not pay overtime the employees would have earned in their normal positions. An ALJ vacated OSHA's citation under then-existing Commission precedent. The…
Pace Construction Corporation
Hoist door item reclassified, runway item affirmed for $100
Pace was the general contractor for an 18-story building and extended a personnel hoist to the roof so workers could carry tools and materials safely. At the roof landing, the company used a single 2-by-4 gate about 3.5 feet high instead of the required 6.5-foot hoistway door, and the short runway…
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.