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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Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation
Discrimination settlement approved for $16,365
Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation settled James C. Gray, Jr.'s discrimination proceeding. The companies agreed to pay Gray $16,365 and remove references to his discharge from his employment record, while the Secretary waived pre-judgment interest and the…
Utah Power and Light Company
Four citations vacated and proceedings dismissed
Utah Power and Light Company and the Secretary of Labor asked the judge to resolve consolidated civil-penalty and contest proceedings involving four citations at the Deer Creek Mine. The company agreed to the Secretary's motion to vacate the citations. Judge Michael A. Lasher, Jr. granted the…
Freeman United Coal Mining Company
Ventilation violation affirmed with $200 penalty
Freeman United Coal Mining Company was cited after an MSHA inspection found inadequate airflow at the end of a line curtain in the gassy Orient No. 6 Mine. Judge John J. Morris found that the company violated its approved ventilation plan by operating with 1,662 cubic feet per minute of air where…
Consolidation Coal Company
Settlement approved and contest dismissed
Consolidation Coal Company was cited at the Loveridge No. 22 Mine for accumulations of float coal dust along a conveyor belt haulage entry, in alleged violation of 30 C.F.R. § 75.400, with a proposed civil penalty of $750. The company contested the order, and the penalty and contest proceedings…
Nacco Mining Company
Supplemental compensation awarded and prior decision made final
Local Union 1810, District 6, of the United Mine Workers of America sought compensation for miners idled by a modification of a section 104(d)(2) order at Nacco Mining Company's Powhatan No. 6 Mine. An earlier decision held that the union was entitled to the claimed compensation and left the amount…
Monterey Coal Company
Clerical corrections issued to amended discrimination decision
Judge Gary Melick issued this order in Paula L. Price's discrimination proceeding against Monterey Coal Company. The order states that the attached amended decision was reissued under Commission Rule 65(c), 29 C.F.R. § 2700.65(c), to correct clerical mistakes in the decision issued on September 3…
Monterey Coal Company
Discrimination complaint dismissed for lack of jurisdiction
Paula L. Price complained that Monterey Coal Company discriminated against her after suspending her for refusing to wear metatarsal safety boots that she said did not fit, caused foot injuries, and created a safety hazard. The Secretary told Price that her complaint had been satisfied and that no…
Neil Sprague
Settlement approved, citation affirmed, and withdrawal order vacated
MSHA cited Neil Sprague for failing to provide an elevated haulage road at the Trupp Quarry and later issued a withdrawal order because the berm was not built within the allowed time. The parties settled after preparation for hearing showed that adverse weather had caused the delay. Judge Michael…
Dee Gold Mining Company
Discrimination complaint dismissed
George A. Jones alleged that Dee Gold Mining Company laid him off because he engaged in protected safety activities, including complaints about grinding shields, respirators, chemical hazards, and the mine's ball-mill lockout procedure. Judge Michael A. Lasher found that Jones engaged in protected…
Con-Ag, Incorporated
Penalty proceedings consolidated and dismissed after payment agreement
Con-Ag, Incorporated, Robert E. Hirschfield, and Lee Kuck were respondents in three civil penalty proceedings. Judge Avram Weisberger granted the unopposed motion to consolidate the cases in the interest of justice. The parties then moved to terminate the proceedings after agreeing that all…
Big Elk Creek Coal Company
Discrimination proceeding dismissed after settlement
Little Shepherd brought a discrimination proceeding against Big Elk Creek Coal Company. The parties and their attorneys signed an agreed order on August 27, 1987, setting out the settlement terms that resolved the matter. Judge Avram Weisberger approved the settlement, ordered the parties to comply…
Sandy Fork Mining Company, Inc.
Private discrimination complaint dismissed
Orville Sparks alleged that Sandy Fork Mining Company discharged him in violation of section 105(c)(1) of the Mine Act. After the Secretary had not completed its investigation, Sparks filed a private complaint with the Commission under Commission Rule 40(b), and the Secretary later filed a separate…
Galite Corporation
Haulage-truck drive-shaft citation affirmed
MSHA cited Galite Corporation after finding one missing bolt and several loose bolts on the plate connecting the drive shaft to the transmission of an R-22 Euclid haulage truck at the Galite No. 1 Mine. Judge George A. Koutras found that the equipment defect could cause the drive shaft to fall…
Jericol Mining, Inc.
Discrimination proceeding dismissed after settlement
Roger Hall filed a discrimination proceeding against Jericol Mining, Inc. involving the Creech No. 2 Mine. Hall moved to dismiss the case after stating that the matter had been settled. Judge Avram Weisberger dismissed the case with prejudice and ordered the stenographic notes and recordings from…
Gilbert v. Sandy Fork Mining Co., Inc.
Discrimination claims dismissed and Rule 40(b) invalidated
John A. Gilbert alleged that Sandy Fork Mining discharged him after he refused work he believed was hazardous because of unstable roof conditions at the No. 12 underground coal mine. The Commission affirmed the ALJ's finding that Gilbert was not discriminated against because his August 6 work…
Maggard v. Chaney Creek Coal Company
Discrimination finding affirmed and attorney fees vacated
Odell Maggard alleged that Chaney Creek Coal Company and Dollar Branch Coal Corporation discharged him after he refused work he reasonably believed was hazardous because a trailing cable had shocked him. An administrative law judge found discriminatory discharge, ordered reinstatement, awarded…
Consolidation Coal Company
Dust sampler required on headgate operator
Consolidation Coal Company contested a citation involving dust sampling at its Ireland Mine and also faced a civil penalty proceeding. The case concerned whether the headgate shear operator had to wear the dust sampling device when the tailgate operator temporarily moved to the headgate for fresh…
Utah Power and Light Company
Settlement approved and citation vacated
Utah Power and Light Company reached a settlement with the Secretary covering two contested citations and a related civil penalty proceeding at the Little Dove Mine. The Secretary agreed to vacate Citation No. 2928409, and the operator agreed to withdraw its contest of Citation No. 2928408 and pay…
The Florence Mining Company
Settlement approved for four violations
The Florence Mining Company faced four civil penalty orders with original assessments totaling $3,500. After the judge rejected the parties' first proposed settlement, they submitted an amended agreement requiring payment of $2,500. The violations involved accumulations of loose coal and coal dust…
Maynard Branch Dredging Co., and Roger Kirk
Discrimination proceeding dismissed
Bryan Pack worked as a night security guard at Maynard Branch Dredging and reported to federal mine inspectors that dynamite and blasting caps were stored in a school bus used at the worksite. The inspector found the explosives and cited the company under 30 C.F.R. § 77.1301(a). The company…
Bow Valley Coal Resources Inc.
Reinstatement and back pay ordered
Harley M. Smith alleged that Bow Valley Coal Resources discriminated against him after he made safety complaints and was required to perform different mine duties. An earlier decision found a prima facie violation when the company terminated his employment and reserved the amount of relief. Judge…
Green Duck Corporation
Machine-safety settlement reduces penalties to $660
Green Duck, a novelty-products manufacturer, was cited for machine guarding, an unguarded belt drive, a repeat power-press violation, posting, and hazard communication conditions. OSHA initially proposed $1,730, and the judge assessed $1,600. In settlement, one machine-guarding sub-item was…
Peabody Coal Company
Citation modified through settlement and contest dismissed
Peabody Coal Company contested the significant and substantial and unwarrantable-failure allegations in Citation No. 2830921 at the Black Mesa Mine. The parties agreed to remove the unwarrantable-failure designation, remove the significant-and-substantial designation, reduce the charged negligence…
Secretary v. Labor o/b/o Price v. Jim Walter Resources, Inc.
Stay of temporary reinstatement order denied
Jim Walter Resources asked the Commission to stay its August 3, 1987 order affirming an administrative law judge's temporary reinstatement order for Michael L. Price and Joe John Vacha. The company said its petition for review in the Eleventh Circuit raised substantial legal and policy issues. The…
Big Elk Creek Coal Co., Inc.
Settlement order provides back pay and reinstatement
Administrative Law Judge William Fauver had previously found that Big Elk Creek Coal Co., Inc. discharged Arnold Sharp in violation of the Mine Act's discrimination provision. The parties then agreed on relief, including $45,000 for past wages, interest and reimbursable expenses, immediate…
B & B Excavating, Inc.
Mixed result across eight penalty dockets
B & B Excavating operated the Eaton Pit sand and gravel mine and faced eight consolidated civil penalty dockets involving electrical, equipment, and other safety citations. The parties stipulated to the operator's jurisdiction, abatement efforts, business impact, and other background facts, and the…
Chaney Creek Coal Corporation
Discrimination complaint settled for $7,000
Odell Maggard alleged that Chaney Creek Coal Corporation forced him to quit after harassment following his reinstatement in an earlier discrimination matter. The parties settled before the scheduled hearing. Maggard agreed to withdraw the complaint and waive claims to reinstatement and attorney…
Beckley Coal Mining Company
Safeguard contest dismissed for lack of Commission jurisdiction
The Secretary issued Beckley Coal Mining Company a safeguard notice under section 314(b) of the Mine Act, and Beckley attempted to contest it under the Commission's procedural rule for contests. The Secretary moved to dismiss, arguing that the Commission's contest jurisdiction covers orders…
Gabriel Mining Company, Inc.
Default discrimination relief includes reinstatement and back pay
Otis M. Schmoldt alleged that Gabriel Mining Company fired him after he refused to perform electrical and mechanical work for which he was not qualified. Gabriel Mining did not claim the mailed complaint or answer the judge's order, and it did not appear at the scheduled hearing, so the judge found…
Gabriel Mining Company, Inc.
Default discrimination relief awarded
Billie D. Martin alleged that Gabriel Mining Company fired him after he refused to perform electrical and mechanical work for which he was not qualified. Gabriel Mining did not claim certified mail containing the complaint, did not answer an order directing a response, and did not appear at the…
Greenwich Collieries
Roof citation modified and two settled orders affirmed
Greenwich Collieries and Rochester & Pittsburgh Coal Company challenged three withdrawal orders and a related civil penalty proceeding at the Greenwich No. 1 Mine. Judge Gary Melick approved settlements for two orders, affirming them with reduced civil penalties of $700 and $500 and dismissing the…
Greenville Quarries, Incorporated
Seven violations assessed at $2,725
Greenville Quarries operated a limestone quarry and mill in Kentucky with about 30 employees. Judge George A. Koutras considered seven alleged violations involving electrical lockout procedures, mobile equipment brakes, equipment inspections, smoking near combustible materials, and roadway berms…
Patriot Coal Company
Backup-alarm settlement approved
Patriot Coal Company faced a proposed $250 penalty over the absence of a backup alarm on a pickup truck. The company argued that it reasonably believed the truck was a service vehicle not subject to the backup-alarm requirement, and the Secretary agreed that its negligence was less than originally…
Anlo Energy, Inc.
Mine-closure citations affirmed with $40 penalty
Anlo Energy's Peacock Mine No. 1 had been idle or abandoned for more than 90 days while the company was in bankruptcy. The company did not appear at the hearing, and Judge George A. Koutras found it in default. He affirmed citations for failing to file a mine map and failing to seal the mine…
Marine Terminals Corporation
Longshore fall-protection settlement approved
Marine Terminals employees removed twist locks while working on top of stacked shipping containers aboard a vessel. Two employees worked 24 to 34 feet above the deck without tying off, although they wore harnesses. The judge found that the company had not effectively communicated, supervised, or…
Paul Hubbs Construction Co.
Three quarry citations affirmed
Paul Hubbs Construction Company operated the Atkinson Quarry in California, where a screening plant used a 250-kilowatt generator. Judge August F. Cetti affirmed citations for a discharged fire extinguisher, an unguarded conveyor tail pulley, and an ungrounded generator. He assessed civil penalties…
Western Fuels-Utah, Inc.
Roof-bolter task-training violation affirmed
Western Fuels-Utah operated the Deserado Mine in Colorado. A section foreman operated a roof-bolting machine without task training under 30 C.F.R. § 48.7, and the operator argued that state-certified supervisors were exempt. Judge Roy J. Maurer held that the exemption applies only while supervisory…
Nacco Mining Company
Idled miners entitled to compensation
Nacco Mining Company closed part of the Powhatan No. 6 Mine after MSHA found that an intake escapeway was not maintained for safe passage. The closure modification idled 87 miners for three days, and their union sought compensation under section 111 of the Mine Act. Judge William Fauver granted the…
Robert H. Cheyney
Discrimination settlement approved
Robert H. Cheyney and Hecla Mining Company reached a settlement of a discrimination proceeding under the Federal Mine Safety and Health Act. The company agreed to pay Cheyney $300, without admitting a violation, and Cheyney agreed to accept the payment in full satisfaction of his rights and…
Jim Walter Resources, Inc.
Temporary reinstatement affirmed and remanded
Jim Walter Resources suspended and moved to discharge safety committeemen Michael L. Price and Joe John Vacha after they did not provide urine samples under the company's substance-abuse program. The Secretary alleged that the discharges were discriminatory, and an ALJ ordered temporary…
Benjamin Coal Company
Discrimination complaint challenged by show-cause order
John A. Harris, a blaster for Benjamin Coal Company, challenged his discharge after a surface blasting incident that caused fatal injuries to a mine foreman. Judge George A. Koutras found that Harris's complaint did not allege that the discharge resulted from protected activity under section…
Benjamin Coal Company
Discrimination complaint challenged by show-cause order
John A. Harris, a blaster for Benjamin Coal Company, challenged his discharge after a surface blasting incident that caused fatal injuries to a mine foreman. Judge George A. Koutras found that Harris's complaint did not allege that the discharge resulted from protected activity under section…
Greenwich Collieries
Ventilation withdrawal order vacated
Greenwich Collieries challenged a withdrawal order alleging that the Greenwich No. 2 Mine was not following its approved ventilation plan. The judge found that no mining was taking place when the inspector visited and that the Secretary did not prove the alleged ventilation conditions on the…
Texas Utilities Generating Company
Electrical orders dismissed and modified
Texas Utilities Generating Company faced two orders involving electrical work at the Sandow Mine substation. Judge Avram Weisberger found no violation of the transformer-enclosure rule because the employees had authorized entry and were supervised, so he dismissed Order No. 2838513. He found a…
Phelps Dodge Corporation, Tyrone Branch
Pipe-stacking settlement approved at $5,000
Phelps Dodge Corporation faced a citation after stacked pipeline bundles shifted at the Tyrone Mine, seriously injuring one contractor employee and later causing that employee's death, while another employee suffered a broken leg. Judge Paul Merlin found that the way the pipes were stacked was one…
GEX Hardy, Inc.
Discrimination complaint withdrawn and dismissed
William C. Fankhauser asked to withdraw his discrimination complaint against GEX Hardy, Inc. after consulting an attorney and stating that there had been no incidents involving safety or health violations. Judge Gary Melick granted permission to withdraw the complaint, dismissed the case, and…
Clinchfield Coal Company
One-week miner compensation awarded on remand
Following an underground explosion at the McClure No. 1 Mine, MSHA issued an imminent-danger withdrawal order and later cited underlying mandatory-standard violations. On remand, Judge Gary Melick held that the parties' stipulation established the required connection between the withdrawal order…
Rushton Mining Company
Rule 11 cost request denied on remand
Rushton Mining sought reimbursement of litigation costs and attorney fees after the Secretary withdrew a civil-penalty petition and the related withdrawal order was vacated. On remand from the Commission, Judge James A. Broderick considered whether Federal Rule of Civil Procedure 11 could support…
Big Elk Creek Coal Co., Inc.
Discriminatory discharge found, relief to follow
Arnold Sharp, a rock-truck driver and auger worker at Big Elk Creek's surface coal mine, repeatedly complained about unsafe equipment and was discharged after a truck collision. Judge William Fauver found that the company and its supervisors were motivated at least in part by those safety…
Kaiser Sand & Gravel Company
Tail-pulley citation modified to non-S&S
Kaiser Sand & Gravel was cited after an inspector found that plywood was not securely guarding a conveyor tail pulley at the Santa Margarita Quarry. Judge August F. Cetti found that the guarding standard was violated, but that the evidence did not show a reasonable likelihood of injury, so the…
Metric Constructors, Inc.
Motion to dismiss discrimination complaint denied
Metric Constructors argued that Brian S. Ousley's discrimination complaint was too late and that the Secretary's delay had prejudiced the company. Judge Avram Weisberger found that the complaint stated a non-frivolous claim, that the Secretary had some explanation for the delay, and that the…
Mathies Coal Company
Battery-charger settlement approved at $50
Mathies Coal Company faced a proposed $126 penalty for inadequate ventilation of a battery charger. The charger was out of service and not energized, and it was located in a fireproof enclosure with a fire extinguisher and electrical protection. Judge James A. Broderick approved the parties'…
Green Ridge Mining, Inc.
Discrimination settlement dismissed with prejudice
The Secretary and Green Ridge Mining, Inc. reached a settlement of Mark R. Kraus's discrimination complaint and application for reinstatement. Judge Avram Weisberger approved the parties' consent agreement by dismissing both matters with prejudice.
Intercontinental Chemical Corporation
Hazard communication cases closed by settlement and withdrawal
Intercontinental Chemical faced consolidated hazard communication cases involving material safety data sheets, labels, and trade-secret ingredient disclosures. The parties settled all items in docket 86-0388, with the other-than-serious citation affirmed without penalties. In docket 86-0535, the…
Helvetia Coal Company
Task-training settlement approved at $605
Helvetia Coal Company faced ten citations after assigning miners to move equipment under energized trolley wire without specific task training or instruction. Judge Paul Merlin approved a settlement reducing the total penalties from $1,000 to $605, based in part on a genuine disagreement about when…
Virginia Lime Company
Discrimination settlement dismissed with prejudice
Ernest R. Lafon, Jr. and Virginia Lime Company settled all matters in a discrimination proceeding before the Commission. Counsel for both sides endorsed the settlement and requested dismissal. Judge Avram Weisberger granted that request and ordered the case dismissed with prejudice.
White County Coal Corporation
Settlement approved at $900
White County Coal Corporation settled a civil-penalty proceeding and a related contest of a citation at the Pattiki and No. 1 mines. Judge William Fauver found the proposed settlement consistent with the statutory penalty criteria, approved it, and ordered the operator to pay $900 within 30 days…
Nacco Mining Company
Road-grader settlement approved at $7,500
Nacco Mining Company faced four citations after a road grader overturned at the Powhatan No. 6 Mine and injured its operator. Judge Paul Merlin approved settlements totaling $7,500, down from the original $9,000, for violations involving rollover protection, roadway berms or guards, seat belts, and…
Energy Supply, Incorporated/Donray Industries, Incorporated
Penalty and miner compensation ordered
Energy Supply and Donray Industries used a Ford truck with an inoperable engine and differential as a platform for a drill rig and moved it around the Mack Mine with a bulldozer. Judge Avram Weisberger found a violation of 30 C.F.R. § 77.404(a), but not significant and substantial, and found…
Consolidation Coal Company
Eight fire-program citations affirmed
Consolidation Coal Company operated the eight underground coal mines named in the decision. MSHA cited each mine after finding that its approved fire-fighting and evacuation programs were outdated and that the operator was not using an approved program to train miners. Judge Roy J. Maurer found…
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.