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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Asbestos Abatement Consultation & Engineering
Remaining asbestos-monitoring items withdrawn
An asbestos-monitoring consultant was cited for three alleged failures to follow mandatory sampling and analysis procedures, with $8,000 initially proposed. The judge vacated the pump-calibration sub-item because the appendix did not give fair notice that a primary calibration device was required…
Monument Mining Corporation and Island Creek Coal Company
Compensation case dismissed after agreement
United Mine Workers of America Local Union 5817 brought a compensation proceeding against Monument Mining Corporation and Island Creek Coal Company. After a court and Commission remand, the parties agreed that no liability issue remained and resolved the compensation, interest, and litigation-cost…
Pittston Coal Group/Clinchfield Coal Company
Discrimination complaint dismissed
Lindia Sue Frye worked as a mechanic for Pittston Coal Group/Clinchfield Coal Company. She claimed that the company discharged her because she objected to safety meetings held near the men's bathroom and because she refused to work after experiencing dizziness. Judge Avram Weisberger found that her…
Amber Coal Company
Default order vacated and case remanded
MSHA cited Amber Coal Company after a fatal roof fall accident at its No. 7 mine and proposed an $8,500 penalty for an alleged roof-control violation. Amber did not answer the complaint, so an ALJ entered a default order. Amber later sent a response to the Department of Labor instead of the…
Birchfield Mining Company
Pre-shift citation modified and penalty remanded
MSHA cited Birchfield Mining Company after miners entered the No. 1 underground coal mine before the required pre-shift examination had been completed and recorded. The ALJ found a violation that was significant and substantial, resulted from unwarrantable failure, and warranted a $400 penalty. The…
Emery Mining Corporation and/or Utah Power & Light Company, Docket No.
Emery Mining Corporation and/or Utah Power & Light Company (FMSHRC WEST 87-130-R): Finality certified in consolidated proceedings
This order addressed consolidated contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. The Secretary asked the Commission to review an earlier order that removed Utah Power & Light from 30 modified citations and orders. The…
Emery Mining Corporation and/or Utah Power & Light Company
Consolidated matters returned to the Docket Office
This order addressed a group of contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. After a Commission remand, the judge entered final judgment for Utah Power & Light in the listed cases. The parties agreed that Emery either…
Bowling Mountain Mining Corporation
Fatal roof fall violations settled for $7,000
MSHA cited Bowling Mountain Mining Corporation for five violations after a roof fall at Mine No. 2 killed acting foreman Truman Faulkner. The violations concerned roof support, a required preshift examination, miner training, and reporting the fatal accident. The judge approved a settlement…
Roy Kay, Inc.
Need for more investigation does not extend contest deadline
Roy Kay missed the 15-working-day deadline while trying to contact employees and investigate OSHA's allegations during the summer vacation season. The company also said it had never been cited before and had no legal department, so it did not appreciate the deadline's significance. The citation and…
Louisiana-Pacific Corporation
Management transition does not excuse late contest
Louisiana-Pacific received OSHA citations on June 13, 1986, but did not file a notice of contest until August 29. The company said the citations were overlooked during a management transition and the incoming manager did not learn of them until OSHA requested payment. The Commission held that it…
Westwood Energy Properties
MSHA jurisdiction and contested violations affirmed
Westwood Energy Properties operated a culm bank and processed refuse from a former anthracite coal mine into fuel for electrical power generation. The judge held that the facility was a mine and that its work preparing coal brought it within MSHA jurisdiction, even though Westwood did not extract…
Tunnelton Mining Company
Weekly air-course examination violation modified
MSHA cited Tunnelton Mining Company for failing to examine and record examinations of portions of a return aircourse at the Marion Mine. The judge found that the violation of the weekly examination standard was proven because safe areas and travelways to bleeder examination points were not being…
Southern Ohio Coal Company
Discrimination complaint withdrawn and dismissed
Phyllis A. Palmieri did not appear for a scheduled hearing in her discrimination proceeding against Southern Ohio Coal Company. The judge issued an order to show cause after her absence. Palmieri then asked for permission to withdraw the complaint. The judge granted the request under 29 C.F.R. §…
Mathies Coal Company
Accident reporting and coal-dust violations affirmed
Mathies Coal Company was cited after a miner injured his knee at the Mathies Mine and the operator did not report the injury on the required MSHA form within ten working days. The judge credited the miner's account and found that the injury occurred at the mine and required reportable medical…
Lehigh Portland Cement Company
Discrimination complaint dismissed
Gerard Sapunarich, a miner safety representative, complained about dust and other safety conditions at Lehigh Portland Cement Company's Cementon Plant. The company suspended him for three days without pay after a confrontation with the plant manager in which he used threatening language. The judge…
Energy Fuels Coal, Inc.
Two citations vacated and three affirmed
The Secretary charged Energy Fuels Coal, Inc. with five regulatory violations at the Southfield Mine across two dockets. The Secretary moved to vacate two citations under 30 C.F.R. § 75.323 because the evidence was insufficient, and the judge granted that motion. The parties accepted the remaining…
Jim Walter Resources, Inc.
Nonpermissible distribution box violation affirmed
MSHA found a nonpermissible electrical distribution box in a crosscut at Jim Walter Resources' No. 5 underground coal mine. The Commission held that the crosscut was the last open crosscut between the relevant entries, so the equipment violated the Mine Act standard requiring permissible equipment…
Quantum Chemical Corporation, Emery Division
Hot-water tank citation withdrawn
A Quantum Chemical employee suffered serious burns when heated water erupted from an uncovered tank as he operated a valve beneath it. OSHA cited the company for failing to provide protective shields or barriers. The judge found the personal protective equipment standard applicable, affirmed the…
Kentucky Mountain Reserve, Inc.,
Proposed settlement denied
The Secretary proposed settling Kentucky Mountain Reserve's civil penalty case for $10,000. The proposed agreement included a disclaimer stating that the settlement could not be used for other purposes and did not establish a standard of care or adjudge compliance. Judge Gary Melick found the…
Kentucky Mountain Reserve, Inc.
Proposed settlement denied
The Secretary proposed settling Kentucky Mountain Reserve's civil penalty case for $10,000. The proposed agreement included a broad disclaimer stating that the settlement could not be used for other purposes and did not establish a standard of care or adjudge compliance. Judge Gary Melick found the…
Conatser v. Red Flame Coal Company, Inc.
Discrimination claim dismissed
Charles Conatser refused to drive an 85-ton rock truck after being told that his loader was inoperable and the haulroads were covered with snow. The Commission accepted that his work refusal was based on a reasonable, good faith belief that driving conditions were hazardous. It nevertheless held…
Peabody Coal Company
Cab and canopy violation affirmed
MSHA cited Peabody Coal Company after inspectors observed mobile bridge carriers operating without protective cabs or canopies at the Camp No. 11 Mine. The Commission held that an MBC is self-propelled electric face equipment when it is taken into the last open crosscut, and that the first MBCs in…
Emery Mining Corporation
Interlocutory review remanded for finality determination
The Commission considered the Secretary's request for interlocutory review of an ALJ order that removed Utah Power and Light Company from 30 modified citations and orders. The parties disagreed about whether that order was final or interlocutory. The Commission held that Rule 54(b) applies to…
Utah Power & Light Company
Self-rescue training citation vacated
MSHA cited Utah Power & Light after three miners did not answer two questions about the location and duration of self-contained self-rescuers during an inspector's interview. Judge John J. Morris found that the company had provided repeated hands-on and refresher training, maps, and instruction…
Eastside Coal Company, Inc.
Settlement approved with abatement orders vacated
Eastside Coal operated a small underground coal mine and contested citations involving noise sampling and other safety requirements, along with orders alleging failures to abate. The parties agreed that the underlying citations would remain in place with reduced penalties, while the related 104(b)…
Mid-Continent Resources, Inc.
Evidence on alleged enforcement abuse excluded
Mid-Continent Resources wanted to present evidence that MSHA's enforcement documents reflected a pattern of harassment and enforcement abuse. The Secretary asked the judge to exclude that evidence and evidence about whether MSHA followed its own penalty-proposal regulations. Judge Michael A…
Mid-Continent Resources, Inc.
Evidence on alleged enforcement abuse excluded
Mid-Continent Resources wanted to present evidence that MSHA's enforcement documents reflected a pattern of harassment and enforcement abuse. The Secretary asked the judge to exclude that evidence and evidence about whether MSHA followed its own penalty-proposal regulations. Judge Michael A…
Blue Circle Atlantic, Incorporated
Barricade violation affirmed
MSHA cited Blue Circle Atlantic after an unsecured propane cylinder and hand truck were left on a pitched roof above an unbarricaded roadway and conveyor walkway at its Tulsa plant. Judge George A. Koutras found that the materials created a safety hazard that was not immediately obvious to…
Blue Circle Atlantic, Incorporated
Barricade violation affirmed
MSHA cited Blue Circle Atlantic after an unsecured propane cylinder and hand truck were left on a pitched roof above an unbarricaded roadway and conveyor walkway at its Tulsa plant. Judge George A. Koutras found that the materials created a safety hazard that was not immediately obvious to…
Williams Enterprises of Georgia
Steel-erection safety-net item reinstated
Williams was the steel-erection subcontractor on a high-rise project where employees worked on perimeter beams and columns without exterior fall protection. The Commission had previously vacated the safety-net item after concluding that steel-erection rules displaced the general construction…
Pennsylvania Electric Company
Conveyor citations affirmed under Mine Act jurisdiction
MSHA cited Pennsylvania Electric Company for failing to adequately guard the head drives of two conveyors at its Homer City electric generating station. The judge decided that the conveyor drives were part of a facility used to prepare coal because the coal traveled through them before being…
Cannelton Industries, Inc.
Discrimination settlement approved
Raymond Long brought a Mine Act discrimination proceeding against Cannelton Industries after a workplace incident and a written warning. The settlement required the company to send Long a letter, post it at the mine for 30 days, expunge the warning, avoid using the incident in future disciplinary…
Zeigler Coal Company
Settlement approved and citation modified
MSHA brought a civil penalty case against Zeigler Coal Company over Citation No. 3042299 at the Spartan Mine. After the inspector testified, the parties proposed reducing the negligence finding from high to low, withdrawing the unwarrantable-failure allegation, and reducing the proposed penalty…
Nally and Hamilton Enterprises, Inc.
Discrimination complaint dismissed
Ford Allen Amos alleged that Nally and Hamilton Enterprises fired him after a dispute about docked pay and complaints to company management. The company said Amos quit voluntarily. Judge Gary Melick found that Amos returned to work immediately after the alleged firing, continued working for about…
Faith Coal Company
Settlement approved and citations affirmed
MSHA brought a civil penalty case against Faith Coal Company involving two citations at the Goforth Mine. The settlement reduced the negligence factor for Citation No. 2808790 from high to moderate and reduced the combined proposed penalty from $179 to $156. Judge Roy J. Maurer approved the…
James River Limestone Company, Inc.
Hazardous ground citation affirmed
MSHA cited James River Limestone after a blast exposed an underground cavern and inspectors found unstable ground and cracks near quarry equipment. Judge George A. Koutras found that trucks and a shovel were operating close enough to the cavern for the ground to give way and create a serious injury…
Adkins Coal Corporation
Discovery permitted in civil penalty case
The Secretary sought permission to obtain documents from Adkins Coal Corporation after filing a discovery motion more than 20 days after the civil penalty petition. The requested material included a mine foreman's personal notebook, which the company argued was attorney work product. Judge Avram…
Consolidation Coal Company
Discrimination complaints dismissed
Randy G. Cunningham filed two Mine Act discrimination complaints against Consolidation Coal Company. The Commission issued show-cause orders seeking information about the complaints and gave Cunningham an opportunity to explain the failure to respond. The records showed that he received the orders…
Gosser Construction Company
Discrimination proceeding dismissed
Jackie Sanders brought a Mine Act discrimination proceeding against Gosser Construction Company. She did not appear at the scheduled hearing and did not respond to the later order requiring her to explain the absence. Judge Gary Melick dismissed the proceeding.
Decondor Coal Company, Inc.
Temporary reinstatement ordered
David S. Haynes alleged that Decondor Coal Company fired him after he stopped work and removed miners from an area because he believed electrical and water conditions were hazardous. Judge Avram Weisberger found that the complaint was not frivolously brought. Because the afternoon-shift job had…
Consolidation Coal Company
Coal-dust orders modified and $550 assessed
MSHA cited Consolidation Coal Company for coal-dust accumulations at the Blacksville No. 1 and Dilworth mines. At Blacksville, Judge Avram Weisberger found a violation but rejected the unwarrantable-failure and significant-and-substantial designations, modified the order to a section 104(a)…
Mid-Continent Resources, Inc.
Enforcement-discretion claims dismissed
Mid-Continent Resources contested an order alleging that an intake-air escapeway at the Dutch Creek Mine was not maintained in a safe, travelable condition. The company also claimed that MSHA had pursued an abusive enforcement policy against the mine. Judge John J. Morris held that the Commission…
Randy Rothermel, Individually and D/B/A Tracey & Partners
Multiple citations modified or vacated
The Secretary brought three consolidated civil penalty proceedings against Randy Rothermel and Tracey & Partners at the Tracey Slope Mine. Judge Avram Weisberger found several violations involving escapeways, mine ventilation and maps, electrical equipment, and reporting requirements, while…
Karst Robbins Coal Company, Inc.
Electrical and roof-safety violations affirmed
Karst Robbins Coal Company operated the No. 4 coal mine. The judge found that the company allowed an unqualified miner to work on a 480-volt trailing cable without direct supervision, failed to lock out or tag the circuit, kept a power center in a return air course, and left unsupported roof in a…
Consolidation Coal Company
One citation vacated and two orders affirmed
Consolidation Coal was assessed civil penalties for three alleged safety violations at its Robinson Run No. 95 Mine. The judge dismissed the penalty petition for an injury-reporting citation after the Secretary advised that MSHA was vacating it. The judge found that welding outside a shop was not…
The Helen Mining Company
Unwarrantable-failure finding affirmed
The Commission reviewed whether The Helen Mining Company unwarrantably failed to comply with the mandatory roof-control standard at its Homer City Mine. Inspectors found gaps between forepole pads and the mine roof in a shortwall section, and the company was cited under 30 C.F.R. § 75.200. The…
Southern Ohio Coal Company
Dust citation vacated and proceeding dismissed
The Commission reviewed a citation alleging that Southern Ohio Coal Company's respirable-dust concentration exceeded the limit in 30 C.F.R. § 70.100(a). The citation was based on twelve samples averaging 2.1 milligrams of dust per cubic meter. The Secretary later determined that one sample was not…
Consolidation Coal Company
Discrimination proceeding dismissed under settlement
James D. Grimes brought a Mine Act discrimination proceeding against Consolidation Coal Company. The order states that the case was dismissed pursuant to a settlement approved when the matter was called for hearing on October 4, 1988. No safety standard was adjudicated in the order.
National Mines Corporation
Discrimination settlement approved
The Secretary alleged that National Mines Corporation discriminated against Patrick Stanfield after he made safety complaints. The proposed settlement required the company to pay Stanfield $1,618.81 in gross wages for a 12-working-day suspension, expunge records of the suspension, and provide only…
Barretto Granite Corporation
Late contest dismissed after court reversal
Barretto orally disputed OSHA's citations at an informal conference within the contest period but did not send written confirmation until after the deadline. The Commission had previously treated the oral dispute as a valid contest and later affirmed vacatur when the Secretary declined to prosecute…
Lincoln Sand And Gravel Co.
Three safety citations affirmed by default
Lincoln Sand and Gravel operated a sand and gravel mine. The judge found that a conveyor walkway had broken support braces, electrical junction and switch boxes lacked covers over 440-volt terminals, and a 2,200-volt transformer enclosure was not locked against unauthorized entry. The company did…
Marion County Limestone Company, Ltd.
Crusher-safety violations affirmed
Marion County Limestone operated a portable limestone plant where a quarry foreman stood on an operating jaw crusher and used a sledge hammer to break a lodged rock. The judge found that the foreman was not wearing a safety belt or line, was exposed to falling or sliding material, and was…
Oneida Coal Company, Inc.
Roof-control violation affirmed and settlement approved
Oneida Coal faced two Mine Act proceedings at its No. 11 Mine, involving roof control and accumulated float coal dust. Judge Roy J. Maurer approved a $1,000 settlement for the float coal dust order without reducing the proposed penalty. He found that Oneida violated its roof control plan because…
Cyprus Plateau Mining Corporation
Discrimination complaint dismissed
Ernie L. Bruno alleged that Cyprus Plateau Mining discharged him because he reported float coal dust and stopped a shuttle car to water the entry. Judge John J. Morris found that the complaint was filed more than four years after the discharge and that the delay materially prejudiced the operator…
Green River Coal Company
Consolidated mine proceedings partly modified and settled
Green River Coal Company's No. 9 Mine faced consolidated proceedings over ventilation, explosives storage, roof control, and related civil penalties. Judge Gary Melick found one ventilation order unproven and vacated it, while modifying three other orders to section 104(a) citations and assessing…
Marion Docks, Inc.
Loading facility held subject to MSHA jurisdiction
Marion Docks challenged MSHA's authority over its coal loading facility and argued that the facility was not a mine under the Mine Act. Judge George A. Koutras found that the facility weighed, stored, mixed, crushed, sized, and loaded coal, including custom blending to meet customer specifications…
Local Union 9958, District 22, United Mine Workers of America v. Kaiser Coal Corporation
Local Union 9958, District 22, UMWA v. Kaiser Coal Corporation (FMSHRC WEST 87-186-C): Shift compensation awarded, one-week claim denied
A withdrawal order at Kaiser's Sunnyside No. 1 Mine idled miners working on the 20th and 21st left sections. Judge August F. Cetti found that the order caused the idlement and entitled the affected miners to compensation for the balance of the shift and up to four hours of the next shift. Because…
Local Union 2274, UMWA v. Clinchfield Coal Company
Compensation and interest award upheld, formula modified
After an underground explosion and an imminent-danger withdrawal order idled miners at Clinchfield Coal's McClure No. 1 Mine, Local Union 2274 sought one-week compensation and related relief. The Commission held that the withdrawal order and later allegations of mandatory-standard violations…
Roger Thompson, Union Pres., on Behalf of Paul Luce v. Unimin Corporation
Discrimination complaint withdrawn
Paul Luce decided not to pursue his discrimination complaint against Unimin Corporation. Judge Michael A. Lasher, Jr. treated the signed discontinuance as a voluntary withdrawal under Commission Rule 11. He approved the withdrawal and dismissed the proceeding with prejudice.
U.S. Steel Mining Co., Inc.
One sequence-switch citation vacated, one affirmed
U.S. Steel Mining was cited after inspectors found that two underground conveyor-belt sequence switches did not stop inby belts when the outby belts stopped. Judge James A. Broderick found that the test conclusively showed one switch was inoperable, while the evidence about the other switch was…
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.