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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Rochester & Pittsburgh Coal Company
Citations split and penalties set
Rochester & Pittsburgh Coal Company contested five citations and one imminent danger withdrawal order at its Greenwich Collieries No. 2 Mine. Judge Gary Melick vacated one citation because the Secretary did not establish a measurable standard for a reasonably airtight separation, and vacated…
Southern Ohio Coal Company
Orders split and penalty assessed
Southern Ohio Coal Company contested ventilation, equipment, and safeguard matters at the Martinka No. 1 Mine. Judge Avram Weisberger found that an approved ventilation plan did not require the curtain described in one order, so the related contest was sustained and Citation No. 2894708 was…
Mid-Continent Resources, Inc.
Discovery requests partly granted
Mid-Continent Resources sought interrogatory answers and documents from the Secretary in a civil penalty proceeding involving the Dutch Creek No. 1 Mine. Judge John J. Morris protected the identities of miner witnesses and informants under Commission Rule 59, while requiring the Secretary to state…
Mosser Construction, Inc.
Construction citation settlement approved without penalties
OSHA cited Mosser Construction for serious, repeat, and other-than-serious conditions and initially proposed $2,300. The judge vacated the flammable-liquid, welding-cylinder, and aerial-lift items, while affirming an electrical grounding item without a penalty. In settlement, the Secretary withdrew…
Columbia Portland Cement Company
Settlement approved and $391 payment ordered
Columbia Portland Cement Company faced five violations at the Jonathan Limestone Mine. Judge Paul Merlin first required more information about a settlement for a grounding-conductor violation under 30 C.F.R. § 56.12025, then approved the amended settlement after the Secretary explained the…
Columbia Portland Cement Company
Settlement approved and $831 payment ordered
Columbia Portland Cement Company faced six citations originally assessed at a total of $831. After an earlier settlement proposal for $467.50 was disapproved, the Secretary submitted an amended motion returning to the original amounts. Chief Administrative Law Judge Paul Merlin approved the…
Columbia Portland Cement Company
Settlement approved and $2,603 payment ordered
Columbia Portland Cement Company faced 20 citations originally assessed at a total of $2,603. After an earlier settlement proposal for $1,463.80 was disapproved, the Secretary submitted an amended motion returning to the original amounts. Chief Administrative Law Judge Paul Merlin approved the…
Columbia Portland Cement Company
Sixteen settlements approved and $320 payment ordered
Columbia Portland Cement Company faced 20 violations at the Jonathan Limestone Mine, each originally assessed at $20. Four settlements had already been approved, and Chief Administrative Law Judge Paul Merlin approved the proposed settlements for the remaining 16 citations after the Secretary…
Columbia Portland Cement Company
Nineteen settlements approved and $380 payment ordered
Columbia Portland Cement Company faced 20 violations at the Jonathan Limestone Mine, each originally assessed at $20. One settlement had already been approved, and Chief Administrative Law Judge Paul Merlin approved the proposed settlements for the remaining 19 citations after the Secretary…
Clinchfield Coal Company
Discrimination settlement approved and proceeding dismissed
The Secretary filed a discrimination complaint on behalf of Dennis Wagner, alleging that Clinchfield Coal Company suspended and discharged him after he reported a safety violation to a federal inspector. The settlement required Clinchfield to pay Wagner interest on lost wages, comply with the Mine…
Consolidation Coal Company
Three settlements approved and $2,200 payment ordered
Consolidation Coal Company agreed to settle three orders issued at the Robinson Run No. 95 Mine. The settlements reduced the assessments for combustible material along a belt conveyor from $1,100 to $850 and for a missing track-switch barrel from $1,000 to $650, while leaving a $700 roof-plan…
Hoover Incorporated
Safety-belt and brake citations affirmed
Hoover Incorporated contested two citations issued at its Donelson Pike Quarry and Mill, one after an employee worked on an elevated I-beam without a safety belt or line and one after a haulage truck continued rolling when its foot brakes were applied. Judge George A. Koutras found both violations…
Fleniken's Sand and Gravel, Incorporated
Life-jacket citation vacated
Fleniken's Sand and Gravel received a citation after an inspector observed that a dredge operator was not wearing a life jacket while working on a sand and gravel dredge. Judge George A. Koutras found that the Secretary had not shown a credible factual basis that the operator was in danger of…
Southern Ohio Coal Company
Safeguard order modified on remand
These Southern Ohio Coal proceedings returned to Judge Roy J. Maurer after the Commission directed further consideration of the significant-and-substantial finding, unwarrantable-failure finding, and penalty for Order No. 2705915. The Judge denied the operator's motion to reopen for more evidence…
Westrick Coal Company
Hard-hat citation modified and penalty reduced
Westrick Coal Company was cited after two workers repairing a bulldozer at the JPLMJ Strip Mine were observed without hard hats. Judge Avram Weisberger found a violation of the hard-hat requirement in 30 C.F.R. § 77.1710(d), but found that the evidence did not establish a likely falling-object…
Ranger Fuel Corporation
Compensation awarded after remand
The United Mine Workers sought compensation for miners idled at Ranger Fuel Corporation's Beckley No. 2 Mine after an imminent-danger withdrawal order. On remand, Judge Gary Melick found that the withdrawal order was final because Ranger did not contest it within the statutory period. He also found…
Green River Coal Company
$800 settlement approved
Green River Coal Company agreed to settle a civil penalty proceeding involving its Green River No. 9 Mine. The settlement also covered payment of the penalty in a companion contest case. Judge William Fauver approved the settlement under the civil-penalty criteria in the Mine Act. The company was…
Western Fuels-Utah, Inc.
Discriminatory discharge affirmed with $39,560.06 award
Joseph Gabossi complained to Western Fuels-Utah management about the company's reporting structure and its effect on mine safety. After those complaints, the company placed him on probation and discharged him. Judge John J. Morris found that the complaints were protected activity and that the…
Consolidation Coal Company
Discrimination settlement approved
The Secretary of Labor alleged that Consolidation Coal Company interfered with David H. Miller's rights as a miners' representative during a federal mine inspection. Miller agreed to withdraw his complaint if the company posted a notice promising compliance with the Mine Act and paid a civil…
Jericol Mining Inc.
Discrimination complaint dismissed
David Johnson asked to withdraw his discrimination complaint against Jericol Mining Inc. because he no longer wanted a hearing. Judge Roy J. Maurer granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Green River Coal Co.
Orders affirmed and citation vacated
Green River Coal Company's No. 9 Mine was cited for inadequate ventilation, loose coal accumulations, and methane readings in return air. Judge William Fauver found violations in Order 2215847 and Order 2215849, affirming both orders and assessing $700 and $800 penalties. He vacated Citation…
The Helen Mining Company
Withdrawal order vacated
The Helen Mining Company contested a withdrawal order issued after an inspector found a nonpermissible pump switchbox at the Homer City Mine. The key question was whether the switchbox was in return air, where 30 C.F.R. § 75.507-1(a) required the equipment to be permissible, or in intake air. Judge…
Hallett Construction Company
Electrical and guarding citations partly affirmed
Hallett Construction Company was cited at its sand and gravel operation for missing electrical grounds, unguarded moving parts, and exposed electrical equipment. Judge George A. Koutras affirmed the violations involving the fan cord, battery charger, water-pump coupling, conveyor guard, and…
Cyprus Emerald Resources Corporation
Citations modified and roof order vacated
Cyprus Emerald Resources Corporation was cited at the Emerald Mine No. 1 for problems involving elevator-rope examinations, a ventilation-plan stopping, and roof-control support. Judge Gary Melick found violations in the elevator and stopping matters, but modified both citations to…
Black Beauty Coal Company
Five violations affirmed and one charge dismissed
Black Beauty Coal Company operated a surface coal mine where inspectors found loose highwall material, a loader without falling-object protection, miners without required training, a bulldozer without a backup alarm, and operations contrary to closure orders. Judge William Fauver found five…
Southern Ohio Coal Company
Safeguard notice upheld and case remanded
Southern Ohio Coal Company was cited after an inspector found only 12 inches of clearance beside a coal feeder where a safeguard required 24 inches on both sides. The ALJ vacated the withdrawal order, reasoning that the safeguard imposed a generally applicable requirement that should have been…
El Paso Sand Products, Inc.
Default order vacated and case remanded
This civil penalty proceeding arose under the Federal Mine Safety and Health Act. An ALJ found El Paso Sand Products in default for failing to answer the Secretary's complaint and a later show-cause order, and assessed a $345 penalty. El Paso told the Commission that it had sent written responses…
Ozarkamahoning Company
Noise and injury-reporting violations affirmed
Ozarkamahoning Company contested eight alleged violations involving excessive noise exposure and failure to report an injury at its Annabel Lee and Denton Mines. Judge George A. Koutras affirmed the noise citations, including an S&S citation for a jumbo drill operator exposed to noise levels far…
Joseph Stora v. Southern Ohio Coal Company
Discrimination complaint dismissed
Joseph Stora alleged that Southern Ohio Coal Company discharged him for working under unsupported roof while other employees were not discharged for similar conduct. He also acknowledged the roof violation and disputed the company's claim of a continuing pattern of unsatisfactory work. Judge Roy J…
Secretary of Labor o/b/o Gabossi v. Western Fuels-Utah Inc.
Safety complaints protected and case remanded
Joseph Gabossi complained that Western Fuels-Utah's underground reporting structure created unsafe conditions and violated state law, and the company later discharged him. The ALJ found that the discharge was lawful because Gabossi's complaints were not protected Mine Act activity. The Commission…
Johnson Coal Company, Incorporated
Discrimination proceedings dismissed after settlements
Five discrimination proceedings were brought on behalf of Elliott Rowe Jr., Agnel Amburgey, Everett Watkins, Edsel Baker, and Calvin Baker against Johnson Coal Company. The complainants requested permission to withdraw their complaints because the parties had reached agreed settlements. Judge Gary…
Lehigh Portland Cement, Co.
Summary decision denied in discrimination case
Gerard Sapunarich alleged that Lehigh Portland Cement suspended him without pay after he reported dust and other health and safety problems. Lehigh argued that the suspension was based on threats and abusive language, not protected activity. Judge Gary Melick found a genuine dispute over the…
Blue Circle Atlantic, Inc.
Three citations affirmed and two vacated
Blue Circle Atlantic contested five citations issued at its Tulsa Cement Plant after MSHA inspections. Judge George A. Koutras affirmed three citations and vacated two, finding that the record supported some housekeeping and safety violations but did not support the remaining alleged violations…
Western Fuels-Utah, Inc.
Withdrawal order and two citations affirmed, one citation vacated
Western Fuels-Utah contested a withdrawal order and three citations involving walkway conditions and other mine-safety requirements. Judge Michael Lasher, Jr. affirmed the withdrawal order and two citations, including the significant-and-substantial designation on one citation, and vacated Citation…
The Helen Mining Company
Consolidated citations resolved by settlement
The Helen Mining Company operated the Homer City Mine. During track repair work on October 25, 1987, a miner was fatally injured when runaway mining equipment struck a parked personnel carrier. Judge George A. Koutras approved settlements resolving the remaining contested matters, with civil…
Southern Ohio Coal Company
Respirable dust violation affirmed with $259 penalty
Southern Ohio Coal Company operated the Meigs No. 2 Mine. Judge Avram Weisberger found that respirable dust sampling in an active longwall panel produced a three-day cumulative average of 2.1 milligrams per cubic meter, exceeding the 2.0 limit in 30 C.F.R. § 70.100. He found that MSHA’s testing…
Southern Ohio Coal Company
Respirable dust violation affirmed with $259 penalty
Southern Ohio Coal Company operated the Meigs No. 2 Mine. Judge Avram Weisberger found that respirable dust sampling in an active longwall panel produced a three-day cumulative average of 2.1 milligrams per cubic meter, exceeding the 2.0 limit in 30 C.F.R. § 70.100. He found that MSHA’s testing…
Kentucky Stone Company
Discrimination found, relief reserved
Stanley Baker worked at Kentucky Stone Company's Pulaski Plant, where he operated a Caterpillar 988A loader. Judge Avram Weisberger found that Baker's repeated marking of the loader's brakes as inoperable on daily safety checklists was protected activity under section 105(c) of the Mine Act. He…
Cyprus-Plateau Mining Corporation
Discrimination proceeding dismissed after settlement
Irvin L. Gagon brought a discrimination proceeding against Cyprus-Plateau Mining Corporation involving the Starpoint No. 2 Mine. The parties submitted a settlement agreement dated July 18, 1988, which Judge Michael A. Lasher, Jr. approved. The proceeding was dismissed with prejudice, with each…
Consolidation Coal Company
Roof-control order affirmed with $1,000 penalty
Consolidation Coal Company operated the Shoemaker Mine in West Virginia. Judge James A. Broderick found 18 areas of unsupported or inadequately supported roof along the 5 North intake escapeway, including three areas where the roof was totally unsupported. He held that the condition violated 30…
Westrick Coal Co.
Default order vacated and proceeding remanded
Westrick Coal Company failed to timely respond to an administrative law judge's pre-hearing order in a civil penalty proceeding. The ALJ issued a show-cause order, then entered default, dismissed the proceeding, and ordered payment of the assessed penalty after Westrick's mailed response had not…
Woods Creek Coal Corporation
Discrimination proceeding dismissed after settlement
James Bowling brought a discrimination proceeding against Woods Creek Coal Corporation. The parties filed a settlement dated July 8, 1988, under which Bowling agreed to settle all claims in exchange for consideration. Judge Avram Weisberger dismissed the proceeding as moot and ordered the parties…
Secretary of Labor o/b/o Beavers v. Kitt Energy Corporation
Discrimination finding and remedies vacated
The Secretary brought a discrimination complaint for Ronnie D. Beavers and 25 other miners after Kitt Energy laid off surface miners who lacked the underground training needed for remaining jobs. The ALJ had found discrimination and awarded a civil penalty, back pay, and attorney fees. The…
Benjamin Coal Company
Discrimination proceeding withdrawn after settlement
Joseph M. Mazenko and Benjamin Coal Company reached an agreed settlement of the underlying discrimination matter. Judge Gary Melick treated the parties' notice as a request to withdraw the complaint and granted permission to withdraw it. The case was dismissed, and the hearings scheduled for July…
Benjamin Coal Company
Discrimination proceeding withdrawn after settlement
Terry Miller brought a discrimination complaint against Benjamin Coal Company at the Benjamin No. 1 Strip. Miller requested permission to withdraw the complaint because the underlying issue had been settled. Judge Gary Melick granted the request, dismissed the case, and canceled the scheduled…
J.S. Redpath Corporation
Eye-protection citation vacated
J.S. Redpath Corporation was a mining subcontractor whose employees were doing underground development work at a mine in Arizona. MSHA alleged that employees violated the eye-protection standard by drilling and beginning rock bolting without safety glasses. Judge John J. Morris credited a witness…
Kaiser Coal Corporation of Sunnyside
Rib-testing violation affirmed
Kaiser Coal Corporation operated the Sunnyside No. 1 Mine. A service representative died after a section of rib fell while he was inspecting a malfunctioning stage loader, and the Commission considered whether Kaiser had complied with the rib-testing requirement in 30 C.F.R. § 75.205. The…
Jim Walter Resources, Inc.
Drug-testing discrimination found, remedies reserved
Jim Walter Resources operated underground coal mines in Alabama and required safety committee members to undergo random drug testing. Judge James A. Broderick found that the company's program was facially discriminatory because it singled out elected safety committee members and that Michael L…
Rivco Dredging Corporation
Untimely contests dismissed
Rivco Dredging Corporation sought to contest two citations issued on September 17, 1987. The company did not notify the Secretary of Labor or the Commission of its intent to contest until after the 30-day statutory deadline. Judge Roy J. Maurer held that the late filings deprived the Commission of…
Robert Trujillo (Kaiser Coal Company)
Discrimination proceeding dismissed
Nickie D. Ortega filed a discrimination proceeding against Robert Trujillo of Kaiser Coal Company. Ortega later notified the Commission that he no longer wished to proceed with the case. Acting Chief Administrative Law Judge James A. Broderick dismissed the proceeding.
Westrick Coal Company
Default decision vacated and remanded
Westrick Coal Company requested a hearing to contest an alleged violation but did not respond to the administrative law judge's pre-hearing and show-cause orders. The judge entered a default decision, and Westrick petitioned for discretionary review. The Commission majority vacated the default…
F & E Erection Company, Inc.
Settlement approved and $3,000 assessed
F & E Erection Company faced a civil penalty proceeding involving the Dallas Quarry & Plant. The parties jointly proposed reducing the penalties from $8,000 to $3,000 and later presented evidence supporting the settlement at a hearing. Judge Avram Weisberger found the settlement appropriate under…
Mid-Continent Resources, Inc.
Penalty withdrawn and case dismissed
Mid-Continent Resources was cited after a miners' representative was allegedly denied the opportunity to accompany an MSHA inspector at the Dutch Creek No. 1 Mine. The Secretary later moved to withdraw the civil penalty proposal after determining that the miners' representative designation was…
Rochester and Pittsburgh Coal Co.
Discrimination proceeding dismissed
Dwight Baum asked to withdraw his request for a hearing in a discrimination proceeding against Rochester and Pittsburgh Coal Company. Judge Avram Weisberger granted the motion and dismissed the case. The respondent's motion for summary decision was therefore declared moot.
Consolidation Coal Company
Partial settlement approved and injury-report citation vacated
Consolidation Coal Company faced six alleged violations involving injury reporting at the Shoemaker Mine. Five citations were settled for $170 each, and Judge Paul Merlin approved those settlements after considering the Mine Act's penalty criteria. The judge found that the evidence did not…
Consolidation Coal Company
Partial settlement approved and injury-report citation vacated
Consolidation Coal Company faced six alleged violations involving injury reporting at the Shoemaker Mine. Five citations were settled for $170 each, and Judge Paul Merlin approved those settlements after considering the Mine Act's penalty criteria. The judge found that the evidence did not…
Western Fuels-Utah, Inc.
Withdrawal order and two citations affirmed, one citation vacated
Western Fuels-Utah contested a withdrawal order and three citations arising from a nonfatal powered-haulage accident at the Deserado Mine. Two workers were seriously injured when a raised dump-truck bed struck an overpass, and one worker's lower left leg had to be amputated at the scene. Judge…
Western Fuels-Utah, Inc.
Withdrawal order and two citations affirmed, one citation vacated
Western Fuels-Utah contested a withdrawal order and three citations arising from a nonfatal powered-haulage accident at the Deserado Mine. Two workers were seriously injured when a raised dump-truck bed struck an overpass, and one worker's lower left leg had to be amputated at the scene. Judge…
Quinland Coals, Inc.
Unwarrantable-failure finding affirmed and penalty corrected
Quinland Coals operated an underground coal mine where an inspector found a large roof fall, broken support posts, roof cracks, and a crushed seal. The Commission held that the mine violated the mandatory roof and rib control standard and that the violation resulted from the operator's…
FMC Wyoming Corporation
Asbestos-survey citation affirmed and other orders vacated
FMC Wyoming operated a trona mining and processing facility near Green River, Wyoming. During maintenance work removing asbestos-type insulation from a turbine, the company did not conduct exposure surveys before the work began. Judge August F. Cetti affirmed the modified citation for failing to…
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.