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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Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Robert L. Cox, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Otis Elevator Company
Electrical citations affirmed
Otis Elevator serviced and repaired a deep-shaft elevator at Beth Energy's Cambria Slope Mine No. 33. The judge held that Otis was an independent contractor subject to the Mine Act because its employees had a regular, substantial presence at the mine and controlled safety-related elevator work. The…
Ticathe Industrial Company of Steamboat Springs, Inc.
Settlement approved for hoisting-equipment citation
MSHA alleged that Ticathe used a mobile crane as a manlift without the overspeed, overwind, automatic-stop controls, and brakes required by 30 C.F.R. § 77.1401. The operator contested the citation and proposed $240 penalty, arguing that the standard did not apply to a mobile crane used above…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Clerical correction to complainant's name
This order corrected a clerical error in an earlier supplemental default decision involving Babcock Mining Co. and related respondents. Judge William Fauver changed the complainant's name in Conclusion of Law No. 2 and paragraph 1 of the order to Albert Halstead. The order did not change the…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Discrimination violation and back pay ordered
Albert Halstead's discrimination proceeding concerned discriminatory discharges from Babcock Mining and a later employment offer from McMillion Enp. The supplemental default decision found that the respondents violated section 105(c) of the Mine Act. It imposed joint and several liability for…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-106-D): David Willis back pay and penalty ordered
David Willis's discrimination proceeding concerned two discharges from Babcock Mining and the later operation of the mine by McMillion Enp. The supplemental default decision found that the respondents violated section 105(c) of the Mine Act. It imposed joint and several liability for $6,340 in back…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-106-D): Clerical correction to discrimination decision
The supplemental default decision in David Willis's discrimination proceeding contained a clerical error in the complainant's name in Finding of Fact No. 1. Judge William Fauver corrected that name to “David Willis.” The correction did not change the underlying findings, remedies, or other terms of…
Colorado Westmoreland Incorporated
Citation and penalty vacated
MSHA issued Colorado Westmoreland an order, later modified to a citation, for allowing combustible material to accumulate in violation of 30 C.F.R. § 75.400. The operator cleaned up the material based on its understanding of MSHA's requirements. Because the operator relied on that understanding…
Consolidation Coal Company
Settlement approved and imminent-danger order vacated
Consolidation Coal contested an imminent-danger withdrawal order at the Matthews Mine and faced penalties for four alleged violations of 30 C.F.R. § 75.1704. The parties stated that rock falls had blocked four areas of the intake escapeways, but that two traversable escapeways remained available…
Elmhurst-Chicago Stone Company
Settlement approved for loose-ground citation
MSHA cited Elmhurst-Chicago Stone for failing to take down or support loose ground before work in a drift, in violation of 30 C.F.R. § 57.3022. The decision states that an MSHA investigation concluded the condition caused a fall-of-face accident in which one miner suffered fatal injuries and…
Secretary of Labor on behalf of Bryan D. Pack v. Maynard Branch Dredging Company and Roger Kirk
Review petition dismissed
Bryan D. Pack and the Secretary of Labor sought discretionary Commission review in Pack's discrimination proceeding against Maynard Branch Dredging Company and Roger Kirk. Pack later asked the Commission to dismiss his petition because the Secretary was representing him on review. The Commission…
Drillex, Incorporated
Explosives-transport citation vacated
MSHA cited Drillex after an employee transported 565 electrical blasting caps in a pickup truck's cab, alleging that the caps were exposed to sparking metal in violation of 30 C.F.R. § 56.6047. Judge George A. Koutras found that MSHA had not proved the cab was constructed of sparking metal or that…
Solar Fuel Company, Inc.
Belt and noise-survey violations affirmed
Solar Fuel operated the No. 10 Mine. Judge Gary Melick found that damaged conveyor rollers, coal dust, and combustible material violated the mine safety standards and created a significant and substantial fire or explosion hazard. He also found a violation for failing to submit a required periodic…
Freeman United Coal Mining Company
Discrimination complaint dismissed with prejudice
Gladys B. Johnson asked to withdraw her discrimination complaint against Freeman United Coal Mining Company because financial and other problems prevented her from pursuing it. Judge Gary Melick found that she understood the consequences of withdrawal and dismissal. He granted permission to…
Consolidation Coal Company
Discrimination finding and relief ordered
Roger Lee Wayne, Sr., a mechanic and safety committeeman at Consolidation Coal Company's Ireland Mine, sought to attend a post-inspection conference about the mine's ventilation plan as the authorized representative of miners. Judge Avram Weisberger found that the meeting was protected activity…
Nacco Mining Company
Citation affirmed after remand
Nacco Mining Company's contest involved a citation that was modified from section 104(a) to section 104(d)(1) after a continuous miner operator worked beyond supported roof. Following a Commission remand, the parties stipulated that Nacco would no longer challenge the unwarrantable-failure finding…
Emery Chemicals, Division of National Distillers & Chemical Corporation
Hazard communication settlement approved
OSHA cited Emery Chemicals for alleged deficiencies in labels and material safety data sheets for several specialty chemical products. The judge held that labels for four corrosive products lacked appropriate target-organ warnings and affirmed that item as other-than-serious. The judge found that…
Stewart-Warner Corporation
Occupational-noise settlement approved
Stewart-Warner employees in three manufacturing departments were exposed to excessive noise from punch presses, screw machines, and air-ejection systems. The company had previously been cited for the same noise standard at the same plant. The judge found feasible engineering controls, affirmed the…
Consolidation Coal Company
): Settlement approved and citation vacated
Consolidation Coal had two remaining citations in the WEVA 87-42(B) docket. The judge vacated citation 2713101 after medical information showed that an employee suffered grease burns rather than an electrical shock or other life-threatening injury, so the company was not required to report the…
Consolidation Coal Company
Proceeding dismissed after citation transfer
The only citation remaining in Consolidation Coal Company's WEVA 87-42 docket was citation 2703915. The citation had been transferred to docket WEVA 87-42(B), where it was included in a decision approving a settlement and dismissing that proceeding. Judge James A. Broderick dismissed the WEVA 87-42…
The Florence Mining Co.
Discrimination complaint withdrawn after settlement
Leonard W. Miller filed a discrimination complaint against The Florence Mining Co. after receiving a verbal warning for not operating his shuttle car fast enough. He sought an apology from his foreman. After the parties amicably resolved the matter, Miller asked to withdraw the complaint. Judge…
Adkins Coal Corporation
Discrimination proceeding dismissed after settlement
The Secretary of Labor filed a discrimination complaint on behalf of Jerry Rife against Adkins Coal Corporation. The parties, including Rife, agreed to settle the case. Judge Gary Melick approved the settlement and dismissed the proceeding.
Heldenfels Brothers, Inc.
Default judgment entered for $80 in penalties
Heldenfels Brothers, Inc. faced four alleged violations of mine safety standards at its Crusher No. 9101 operation. The company filed its answer late and did not respond to the judge's order to show cause or otherwise communicate about the case. Judge George A. Koutras entered default judgment and…
Otis Elevator Company
Elevator governor-rope citation affirmed with $750 penalty
Otis Elevator Company maintained two elevators at the Greenwich No. 1 Mine under a service contract with the mine operator. The judge found that Otis was an independent contractor and therefore an operator under the Mine Act. He concluded that an improperly installed governor rope made the elevator…
Tolbert v. Chaney Creek Coal Corporation
Motion to reopen enforcement proceeding denied
Ronald Tolbert asked the Commission to reopen his discrimination case so he could pursue collection of a judgment for back pay and attorney's fees from Chaney Creek Coal Corporation. The Commission noted that the judge's discrimination decision had become final and that Chaney Creek had not…
H.D. Enterprises, Ltd.
Imminent-danger withdrawal order vacated
H.D. Enterprises challenged an imminent-danger withdrawal order issued while its crane was working near power lines at the Birchfield No. 1 Mine. The judge found that the lowest line was a low-voltage ground wire, the boom was at least 17 feet from the high-voltage lines, and electrical arcing…
Owl Rock Products Company
Reverse-alarm citation affirmed with reduced penalty
Owl Rock Products Company was cited after a one-ton service truck with a partially obstructed rear view operated without an audible reverse alarm. The judge found that the truck was heavy-duty mobile equipment under 30 C.F.R. § 56.9087, even though it was used for service work rather than loading…
Metric Constructors, Inc.
Discrimination settlement approved
Brian S. Ousley and Metric Constructors, Inc. submitted a signed settlement agreement to resolve a discrimination proceeding. Judge Avram Weisberger found the agreement fair to both parties. He approved the settlement and ordered the parties to comply with all of its terms.
Pittsburg & Midway Coal Mining Company
One citation vacated and two affirmed
Pittsburg & Midway Coal Mining Company faced three electrical safety citations at the Kemmerer Mine. The judge vacated the citation for a missing straining clamp because wooden blocks inside the junction box adequately protected the cable. He affirmed citations for an ungrounded space heater and an…
Emerald Mines Corporation
Citation contest denied after remand
Emerald Mines Corporation contested a citation alleging that power to a continuous miner was not immediately de-energized when methane was detected and that ventilation changes were made before the machine was de-energized. After the Commission remanded the case, the parties stipulated that the…
Scotts Branch Mine
Discrimination complaint dismissed
Eddie D. Johnson alleged that Scotts Branch Mine transferred him from a coal-producing section to construction work in retaliation for safety complaints and his work on the mine safety committee. The judge found that the mine was reorganizing its workforce to improve production before installing a…
Pioneer Sand & Gravel Company
Four citations affirmed with reduced penalty
Pioneer Sand & Gravel Company was cited for four conditions at its sand and gravel pit, including unsafe access near a primary trap, electrical conditions, and an ungrounded space heater. The judge affirmed all four citations but found that the access violation was not significant and substantial…
Southwestern Portland Cement Company
Discrimination complaint dismissed
Alfred Daniels claimed that Southwestern Portland Cement Company suspended him without pay because he made safety complaints to the company and to MSHA. The judge found that the decision-makers did not know about those complaints when they suspended him and that the suspension was based on…
Big Elk Creek Coal Co., Inc.
Attorney's fee awarded in discrimination proceeding
Arnold Sharp's discrimination proceeding against Big Elk Creek Coal Company was before Administrative Law Judge William Fauver. Sharp's counsel asked for an attorney's fee, and the company did not object to the proposed fee. The judge granted the motion and ordered the company to pay $1,725 to…
Union Carbide Corporation, Linde Division
Acetylene label citation withdrawn and vacated
OSHA cited Union Carbide over hazard communication requirements for acetylene shipped to manufacturing customers. The judge vacated an item concerning written hazard-determination procedures but affirmed an other-than-serious item because the acetylene label did not warn that the gas could displace…
Green River Coal Co., Inc.
Mixed rulings on coal, equipment, and penalty proceedings
Green River Coal Company challenged several citations and orders involving its Green River No. 9 Mine, while the Secretary sought civil penalties. The judge dismissed two contest dockets, vacated a citation involving an electrical roof bolter, and found that coal had accumulated along a conveyor…
Highwire, Incorporated
Settlement approved for eight coal-mine citations
The Secretary of Labor proposed civil penalties against Highwire, Incorporated for eight alleged violations of mandatory safety standards at its No. 1 Mine. The parties agreed to pay the full proposed amounts, $126 in KENT 87-95 and $380 in KENT 87-156. Judge George A. Koutras found the settlements…
J.C. London Coal Company, Inc.
Citations affirmed and penalties assessed after default
J.C. London Coal Company did not appear at the hearing on 18 alleged mine-safety violations and was found in default after receiving proper notice. Judge George A. Koutras found the cited violations established on the inspectors' testimony and affirmed the citations. He assessed $364 for the KENT…
Consolidation Coal Company
Miners awarded compensation after an MSHA withdrawal order
Local Union 1261 sought compensation for underground miners at Consolidation Coal Company's Emery Mine after the company withdrew them because of rising gas levels. MSHA issued a section 103(k) withdrawal order the next morning, and the miners were not working when the order issued. Judge John J…
Babcock Mining Co.; Henry McCoy, Individually and as operator of Babcock Mining Co.; Virgil McMillion, Individually and as Operator of McMillion Enp., Inc., McMillion Enp., Inc., Craft Coal Company
Babcock Mining Co. et al. (FMSHRC WEVA 87-106-D): Default liability entered, relief reserved
The Secretary of Labor sought default decisions in two discrimination proceedings involving Babcock Mining Company and related respondents. After the respondents failed to answer an order to show cause, Judge William Fauver granted the Secretary's motion for default against the other respondents…
Dunkard Mining Co.
Discrimination complaint dismissed
Ronald R. Morris claimed that Dunkard Mining Company caused him to lose truck-driving work after he complained about a snow-covered haulage road and tried to contact his union representative. Judge Avram Weisberger found that Morris engaged in protected safety activity and that the action keeping…
Green River Coal Company, Inc.
Settlements approved across four mine dockets
Green River Coal Company agreed to settle four civil penalty proceedings involving coal accumulations, conveyor equipment, ventilation, methane, accident-site preservation, and roof control at its Green River No. 9 Mine. Judge George A. Koutras found the settlements reasonable and in the public…
Midacontinent Resources, Inc.
Escapeway orders modified and penalties assessed
Midacontinent Resources was cited after an obstructed return escapeway at its Dutch Creek No. 1 Mine was not maintained for safe passage. The judge found that a failure-to-abate withdrawal order was improperly issued because the evidence did not show that the original obstruction remained…
U.S. Steel Mining Company, Inc.
Trailing-cable citations affirmed
U.S. Steel Mining Company was cited because trailing-cable receptacles at its Cumberland Mine were not labeled to identify the equipment connected to them. Judge Paul Merlin held that the plug and receptacle together formed the disconnecting device covered by 30 C.F.R. § 75.601. He found that…
U.S. Steel Mining Co., Inc.
Compensation proceeding dismissed after settlement withdrawal
Local Union 1248 of the United Mine Workers of America asked to withdraw its compensation complaint against U.S. Steel Mining Co., Inc., based on a settlement. The proceeding concerned the Maple Creek Mine. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and…
Highwire, Incorporated
Citation contest dismissed after withdrawal
Highwire, Incorporated contested Citation No. 2776209 at its No. 1 Mine. When the case was called for a scheduled hearing, Highwire's counsel said the company no longer wished to pursue the contest and asked to withdraw it. Judge George A. Koutras granted the request and dismissed the case. The…
American Standard Coal Sales, Inc., H. Cameron Coal Co., Inc., Scarab Energy Corp., and Winston Meredith
American Standard Coal Sales, Inc. and related respondents (FMSHRC SE 86-98-D and SE 86-99-D): Discrimination proceedings dismissed after settlement withdrawal
Charles McGhee and Jackie Lowe asked to withdraw their discrimination complaints against American Standard Coal Sales, H. Cameron Coal, Scarab Energy, and Winston Meredith after reaching a mutually agreeable settlement. Judge Roy J. Maurer granted permission to withdraw under 29 C.F.R. § 2700.11…
Paramont Coal Corporation
High negligence affirmed and $850 penalty assessed
Paramont Coal Corporation was assessed a civil penalty for loose overhanging coal and rock brows and fractured coal ribs at its Deep Mine No. 13. The parties stipulated that the violation of 30 C.F.R. § 75.202 occurred, leaving the level of negligence and the penalty for decision. Judge George A…
Green River Coal Company
Settlement approved, citations vacated, and contests dismissed
Green River Coal Company had related contest and civil penalty proceedings involving citations and alleged reporting violations. The parties proposed reducing the total penalties from $7,800 to $950. Judge Avram Weisberger found the agreed penalties appropriate under the Mine Act's penalty criteria…
Quinland Coals, Inc.
Violations affirmed and unwarrantable-failure issue remanded
Quinland Coals operated an underground coal mine where an inspector found inadequate roof support near a seal and an inadequate preshift examination. The Commission affirmed the findings that Quinland violated 30 C.F.R. §§ 75.200 and 75.303 and was negligent regarding the roof-support violation. It…
Emerald Mines Corporation
Section 104(d) citation reinstated and remanded
Emerald Mines Corporation was cited after MSHA investigated a reported methane accumulation at its No. 1 Mine. The ALJ had held that a section 104(d)(1) citation could not be issued because the inspector found the violation after the condition had ended, and modified it to a section 104(a)…
Greenwich Collieries
Withdrawal orders reinstated and remanded
A methane ignition and explosion occurred at Greenwich Collieries' No. 1 Mine, killing three miners and injuring eleven others. During its investigation, MSHA issued five section 104(d)(1) withdrawal orders for alleged violations that had occurred before the inspectors' later visits. The ALJ held…
Nacco Mining Company
Section 104(d) citation reinstated and remanded
Nacco Mining Company's miners' representative reported a long cut made under unsupported roof at the Powhatan No. 6 Mine. MSHA investigated after the event, issued a section 104(a) citation, and later modified it to a section 104(d)(1) citation alleging unwarrantable failure. The ALJ held that the…
Maggard v. Chaney Creek Coal Corporation
Reconsideration motions denied
The operators in related discrimination proceedings asked the Commission to reconsider its denial of a motion to dismiss Dollar Branch Coal Corporation as a party and to amend their petition for discretionary review. The operators argued that Dollar Branch had no direct employment relationship with…
Jim Walter Resources, Inc.
Respirable-dust settlement approved and penalties reduced to $40
Jim Walter Resources, Inc. faced two respirable-dust violations at the Bessie Mine. The original penalties totaled $272, and the parties proposed settlements totaling $40. Judge Paul Merlin approved the settlement after considering the parties' representation that miners in the designated…
Jim Walter Resources, Inc.
Settlement approved and contest dismissed for $1,900
Jim Walter Resources, Inc. faced three violations at the No. 4 Mine involving material transport, roof control, and inspection requirements. The original penalties totaled $2,600, and the parties proposed settlements totaling $1,900. Judge Paul Merlin approved the reductions for the…
Buckeye Industrial Mining Company, Inc.
Discrimination complaint dismissed
Richard W. Peters alleged that Buckeye Industrial Mining Company, Inc. reassigned him from truck driving to lower-paid laborer work after a job accident and his safety complaints about the truck's brakes. Judge Roy J. Maurer found that Peters engaged in protected activity by raising the brake…
Westmoreland Coal Company
Stay lifted and contest dismissed after withdrawal
Westmoreland Coal Company asked to withdraw its contest of a mine-safety order based on an agreement with the Secretary of Labor. The United Mine Workers of America, the intervenor, did not object. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11, lifted the existing stay…
Smith Brothers Construction, Inc.
Discrimination settlement approved with $200 penalty
Smith Brothers Construction, Inc. admitted that it discriminated against Bryant M. Hatfield, Jr. after a foreman threatened him with physical harm because of complaints about preshift belt examinations at the No. 1 Mine. The company agreed to remove adverse remarks about Hatfield's safety…
Timber Lakes Corporation
Three citations affirmed, one vacated, and $750 assessed
Timber Lakes Corporation operated a small sand and gravel pit where a worker was struck by a pipe wrench while trying to restart a conveyor. Judge John J. Morris affirmed citations for failing to report the accident, allowing an employee to work alone in a hazardous area, and performing machinery…
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.