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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Dover Elevator Company
Settlement approved and $58 assessed
Dover Elevator Company faced a civil penalty proceeding over an alleged violation of the mine safety standard for guarding moving machinery. The Secretary sought a $58 penalty for Citation No. 2584200, issued at the Rock Lick Preparation Plant. The company agreed to pay the full proposed penalty…
Jim Walter Resources, Inc.
Contest dismissed after order vacated
Jim Walter Resources, Inc. contested Order No. 2605648 concerning its No. 3 Mine. After a Commission decision in a related case, MSHA vacated the order. The operator withdrew its request for a hearing, and Judge Paul Merlin dismissed the contest.
Perry Drilling Company
Penalty proceeding dismissed after payment
Perry Drilling Company was the respondent in a civil penalty proceeding involving the Smith Mine. The operator informed the Commission that the assessed penalty had been paid, and the Secretary confirmed the payment. Judge Paul Merlin dismissed the case.
County of Ouray, Colorado
Citations and penalties affirmed
County of Ouray, Colorado operated a county gravel pit and was cited in three consolidated proceedings. The citations concerned an unnotified fatal accident, dangerous highwall conditions, highwall-control procedures, communication equipment, and an employee working alone. Judge John J. Morris…
Brent Coal Corporation
Discrimination complaint dismissed
Alvin Casey claimed that Brent Coal Corporation laid him off because he refused to work under unsafe conditions. Judge James A. Broderick found that Casey's initial refusal to work before a seal was constructed was protected activity, but that Casey later quit after disputes about pay and a…
Local Union 1889, UMWA v. Westmoreland Coal Company
Discovery rulings reversed in part and case remanded
This compensation proceeding arose from litigation involving a mine explosion and an imminent-danger order at Westmoreland Coal Company's mine. On interlocutory review, the Commission held that individual miner claimants were parties rather than mere witnesses, so they were not entitled to witness…
Smith v. Reco, Inc.
Discrimination dismissal affirmed
Dillard and Lonnie Smith serviced mine batteries for Reco, Inc. and sometimes worked underground. They refused an underground assignment because they believed their required training was inadequate, but they did not tell Reco that this was the reason for refusing the work. The Commission held that…
Florence Mining Company
Hoist shutdown violation affirmed and $400 assessed
Florence Mining Company removed its approved emergency hoist from service for about five and one-half hours while miners were underground so the hoist rope could be replaced. Judge William Fauver found that the approved escape facilities plan and 30 C.F.R. § 75.1704 required the hoist to remain…
Con-Ag, Incorporated
Default order vacated and remanded
MSHA cited Con-Ag, Incorporated after an alleged failure to wear a safety belt and line at its crushing plant, and proposed a $550 civil penalty. After Con-Ag did not answer the penalty proposal or respond to an order to show cause, the ALJ entered a default order assessing the penalty. The…
Kaiser Coal Corporation of Sunnyside
Rib-testing violation found and $1,000 assessed
Kaiser Coal Corporation of Sunnyside operated the Sunnyside No. 1 underground coal mine. After a service representative was fatally injured by a falling rib, MSHA alleged that the operator had visually examined the rib but had not physically tested it as required by 30 C.F.R. § 75.205. Judge August…
Green River Coal Company, Inc.
Settlement approved with a $500 penalty
Green River Coal Company operated the Green River No. 9 mine. The Secretary of Labor and the company proposed modifying the order at issue to a citation under section 104(a) of the Mine Act and settling the civil penalty for $500. Judge Gary Melick found the settlement appropriate under the…
Texas Architectural Aggregates, Incorporated
Noise citation affirmed with a $20 penalty
Texas Architectural Aggregates operated the Van Horn White Marble Mine, where MSHA cited excessive noise exposure from a LeRoi drill. The judge found that the drill operator and helper were exposed to noise above the mandatory limit, and that a feasible engineering control, a noise barrier, was…
U.S. Steel Mining Company, Inc.
Headlight settlement reduced to $30
U.S. Steel Mining operated the Cumberland Mine, where MSHA cited a continuous-miner headlight under 30 C.F.R. § 75.503. The Secretary later learned that a third wire grounded the headlight, so the hazard described in the original assessment did not exist. Judge Paul Merlin approved the settlement…
Mohave Concrete & Materials Inc.
Most citations affirmed after remand, one vacated
Mohave Concrete operated a metal and nonmetal processing plant where MSHA cited unguarded moving machine parts, uncovered junction boxes, a missing conveyor emergency stop device, improper electrical fittings, and failure to notify MSHA before starting operations. Judge John J. Morris affirmed the…
Freeport Gold Company
Discrimination complaint dismissed
Daniel S. Alexander alleged that Freeport Gold discharged him because he engaged in safety-related activity protected by the Mine Act. Judge Michael A. Lasher found that Alexander had at most marginally engaged in protected activity, but found no connection between that activity and the discharge…
Helen Mining Company
Roof-bolt settlement reduced to $500
Helen Mining operated the Homer City Mine, where an order cited six missing roof bolts and one loose roof bolt under 30 C.F.R. § 75.200. The Secretary sought to reduce the original $800 assessment because the special-assessment narrative incorrectly said that a foreman had been observed in an…
Sellersburg Stone Company
Settlements approved for $1,080
Sellersburg Stone faced 13 alleged safety violations at its stone mine under standards covering guarding, electrical equipment, and electrical bushings. Judge George A. Koutras reviewed the Secretary's explanation for reducing the proposed penalties and approved settlements totaling $1,080 across…
High Power Energy
Blast-site citation affirmed with a $1 penalty
High Power Energy was cited after two blasters re-entered a charged blast area as an electrical storm approached at the Twenty Mile Surface Mine. An unplanned detonation killed both employees. Judge Gary Melick found that the mine violated 30 C.F.R. § 77.1303(uu), which requires charging to stop…
The Helen Mining Company
Roof-control order affirmed with $750 total penalty
The Helen Mining Company contested a roof-control order concerning forepole pads that were not in contact with the mine roof at the Homer City Mine, while the Secretary also sought a civil penalty. Judge Avram Weisberger found that the roof-control condition violated 30 C.F.R. § 75.200 and…
Mettiki Coal Corporation
Orders vacated
Mettiki Coal contested three withdrawal orders and the related civil penalty proceeding at its coal mine. One order alleged that dislodged legs under roof crossbars had not been promptly replaced, but Judge Gary Melick found the legs were temporary supports and not permanent roof supports under the…
M.M. Sundt Construction Company
Noise citation affirmed and sampling citation vacated
M.M. Sundt Construction was cited after a crusher laborer was exposed to noise above the permissible limit and after a separate air-sampling citation. Judge John J. Morris found that the operator violated 30 C.F.R. § 56.5050(b), even though the employee was wearing earplugs, because feasible…
Emko Corporation
Settlement approved at $750 after additional support
Emko Corporation sought approval of a settlement covering four violations at its Kennecott Mine. After an earlier settlement proposal was denied for lack of support, the operator provided information about its safety manual, policy, and affidavits concerning the conduct at issue. Judge Paul Merlin…
Alt, Incorporated
Highwall rock citation affirmed with a $500 penalty
Alt operated the Iselin surface coal mine, where MSHA found a large overhanging rock near the top of a highwall. Judge Avram Weisberger found that the operator violated 30 C.F.R. § 77.1001 by failing to strip loose hazardous material a safe distance from the highwall. He found the violation…
Midacontinent Resources, Inc.
Refresher-training citation amended with a $20 penalty
Midacontinent Resources operated a coal preparation plant where MSHA alleged that a miner had not received the required annual refresher training. Further investigation showed that the miner had received annual retraining, but the operator's form did not clearly identify the training type or may…
Coeur d'Alene Mines Corporation
Discrimination case dismissed with prejudice
The discrimination proceeding was brought by Henry C. Stairs, who died without a surviving spouse. The known next of kin did not appoint a personal representative or indicate interest in doing so after receiving notice that the case would be dismissed if no representative appeared. Judge August F…
Bert W. Bielz, Jr., and Richard McNeely
Agent penalties settled at $2,200 each
Bert W. Bielz, Jr., and Richard McNeely were charged as agents of Silver State Mining Corporation with knowingly authorizing, ordering, or carrying out violations involving 30 C.F.R. §§ 55.5-2 and 55.5-5. The operator had already been assessed penalties for those violations, and each respondent…
Vinnell Mining & Minerals
Thirteen citations resolved for $619
Vinnell Mining and Minerals faced 13 alleged violations at its silica mine across two dockets. The parties settled nine citations at the originally proposed penalties, and Judge Michael A. Lasher, Jr. resolved the remaining four by deleting their significant-and-substantial designations and setting…
Youghiogheny & Ohio Coal Company
Consolidated roof, ventilation, and canopy matters resolved
Youghiogheny & Ohio Coal Company faced several consolidated contests and civil penalty proceedings at the Nelms No. 2 Mine. Judge Gary Melick modified some enforcement orders, approved a $500 settlement for one order, and found that another canopy violation was not significant and substantial but…
Peabody Coal Company
Post-explosion safety matters resolved with $7,050
Peabody Coal's Camp No. 2 Mine was the subject of civil penalty proceedings after a methane explosion. The proceeding addressed alleged violations involving electrical equipment, ventilation, coal dust, and related mine-safety requirements. Judge William Fauver approved a $2,000 settlement for one…
Vinnell Mining and Minerals Corporation
Four citations settled for $175
Vinnell Mining and Minerals faced four citations at the Oro Grande Mine with initial assessments totaling $241. Judge August F. Cetti approved the settlement after reviewing the statutory penalty criteria and the parties' explanation for reducing two assessments. The settlement reduced the total to…
ASARCO, Incorporated
Discrimination complaint dismissed
Joe Arnoldi alleged that ASARCO discriminated against him in violation of section 105(c) of the Mine Act. The case concerned his removal from work at the Coeur Mine and the company's decision not to rehire him, with the parties disputing whether the actions were motivated by protected safety…
Mid-Continent Resources, Inc.
One citation affirmed and one vacated
Mid-Continent Resources faced citations for an unguarded moving machine part and for allegedly working alone in a hazardous condition at the Coal Creek Prep Plant. Judge August F. Cetti approved the settlement, reduced the first proposed penalty from $6,000 to $1,000, and affirmed that citation…
Richard Coal Company
Discrimination case dismissed under settlement
Howard H. Ross and Richard Coal Company jointly reported that all matters in the discrimination case had been settled. The parties agreed that the proceeding should be dismissed with prejudice. Judge Avram Weisberger entered the agreed dismissal.
Jim Walter Resources, Inc.
One electrical citation sustained with a $500 penalty
Jim Walter Resources faced consolidated contests and a civil penalty proceeding involving a nonpermissible distribution box and a scoop battery charger at the No. 5 Mine. Judge Avram Weisberger found that using the scoop battery charger in the cited crosscut did not violate 30 C.F.R. § 75.500(d)…
Jim Walter Resources, Inc.
Ambiguous ventilation-plan provision could not support violations
The Commission reviewed consolidated contests and civil penalty proceedings concerning an approved ventilation-plan provision requiring line brattice to be maintained within 10 feet of “all faces” at Jim Walter's underground coal mines. The Commission affirmed the ALJ decision vacating the…
Mathies Coal Company
Settlement of miners' representative access dispute approved
The judge had previously found that Mathies Coal interfered with Joseph G. DeLisio's right as a miners' representative to accompany federal inspectors underground. After the Commission stayed finality while the parties addressed a request for clarification, they agreed to a 90-day trial arrangement…
Charles J. Merlo, Incorporated
Penalty proposal withdrawn and case dismissed
MSHA alleged that a leased Caterpillar dozer lacked an audible warning and functioning directional lights. Judge George A. Koutras found that Beth Energy Mines, which owned the plant and had exclusive control of the dozer, rather than Charles J. Merlo, was responsible for the condition. The judge…
Wilmon Moore D/B/A Big Blue Trucking
Settlement approved at $150
Wilmon Moore, doing business as Big Blue Trucking, faced a civil penalty proceeding before the Commission. The parties proposed reducing the assessment from $450 to $150 and dismissing the case after payment. Judge Gary Melick reviewed the representations and supporting documentation, approved the…
Triple Elkhorn Mining Company
Settlements approved at $1,500
Triple Elkhorn Mining Company faced civil penalty proceedings in two dockets at its No. 2 Surface Mine. The parties proposed reducing the combined penalties from $1,866 to $1,500 and dismissing the cases after payment. Judge Gary Melick reviewed the parties' representations and documentation…
Mullins v. Beth-Elkhorn Coal Corporation
Specific Part 90 job assignment not required
Jimmy R. Mullins alleged that Beth-Elkhorn Coal and the United Mine Workers discriminated against him after an arbitration award removed him from a dispatcher position tied to his Part 90 transfer rights. The Commission held that Part 90 entitles a qualifying miner to a compliant low-dust position…
Pratt & Whitney Aircraft Group, Inc.
PCB protective-equipment citations withdrawn
Pratt & Whitney employees at two plants contacted machine oil contaminated with polychlorinated biphenyls, and many did not use personal protective equipment. OSHA alleged that this exposure violated the general protective-equipment standard. The judge found that the Secretary had not proved that…
Helen Mining Company
Coal-dust settlement approved at $500
Helen Mining was cited after combustible material, loose coal, and float coal dust accumulated along a belt conveyor at the Homer City Mine. The Secretary explained that later investigation showed much of the material was damp and that no hot rollers or electrical violations were found, reducing…
Kelley Trucking Company
Settlement approved at $100 after remand, alternate release
Kelley Trucking faced a civil penalty proceeding involving a citation under 30 C.F.R. § 48.25(a). After remand, the parties proposed affirming the citation while reducing the original $400 assessment to $100. Judge John J. Morris approved the settlement, affirmed the citation, and assessed the $100…
Kelley Trucking Company
Settlement approved at $100 after remand
Kelley Trucking faced a civil penalty proceeding involving a citation under 30 C.F.R. § 48.25(a). After remand, the parties proposed affirming the citation while reducing the original $400 assessment to $100. Judge John J. Morris found the settlement reasonable and in the public interest, approved…
Sanger Rock & Sand
Moving-parts citation vacated
MSHA alleged that a V-belt drive at Sanger Rock & Sand's open-pit facility was not guarded as required by 30 C.F.R. § 56.14001. Judge August F. Cetti found that the Secretary did not prove a reasonable possibility that anyone could contact the moving machine part, and did not establish that the…
Jim Walter Resources, Inc.
Respiratory-dust citations affirmed with $1,750 in penalties
Jim Walter Resources faced 11 citations across several mines for excessive respirable-dust concentrations. The parties stipulated that the cited conditions violated 30 C.F.R. §§ 70.100(a) or 70.101, and that respirators were made available to employees. Judge Paul Merlin held that providing…
Consolidation Coal Company
Five injury-reporting settlements approved at $2,500
Consolidation Coal faced five alleged violations of 30 C.F.R. § 50.20(a) for failing to report occupational injuries as required. The original assessment was $150 for each violation, but the parties proposed settlements of $500 each. Judge Paul Merlin approved the settlements after considering the…
Consolidation Coal Company
Part 50 settlement approved at $5,000
Consolidation Coal faced 10 alleged violations of 30 C.F.R. Part 50 across six dockets. The parties disputed how Part 50 applied, but the operator agreed to comply with MSHA's interpretation and consented to findings of the alleged violations for settlement purposes without admitting liability…
Kelso Coal Company, Inc.
Default order entered for $340 in penalties
Kelso Coal failed to respond to a show-cause order issued after it did not comply with a prehearing order. Judge William Fauver deemed the company in default and found that it waived its right to a hearing. The proposed civil penalties were made final, and the company was ordered to pay $340 within…
Peabody Coal Company
Discrimination settlement approved and case dismissed
The Secretary reported that David Ward had received or would receive all relief sought in his discrimination case against Peabody Coal. The assessed $1,000 penalty had also been paid. Judge Roy J. Maurer found the settlement consistent with the purposes and spirit of the statute, approved it, and…
Valley Camp Coal Company (Donaldson Mining Company)
Valley Camp Coal Company (FMSHRC WEVA 87-79-D): Discrimination complaint dismissed after settlement
The Secretary of Labor, on behalf of Ronald G. Nelson, sought to withdraw a discrimination complaint against Valley Camp Coal Company, identified in the decision as Donaldson Mining Company. The request stated that the parties had reached a mutually agreeable settlement, and Nelson consented to the…
Peabody Coal Company
Cab-and-canopy citations affirmed for $2 total
Peabody Coal contested two citations involving a continuous haulage system at Camp No. 11 Underground Mine. Judge William Fauver found that the cited equipment operators were subject to the cab-and-canopy requirement in 30 C.F.R. § 75.1710-1, even though the system included components that operated…
Dingess Mine Service, Winchester Coals, Inc., Mullins Coal Company, Joe Dingess and Johnny Dingess
Dingess Mine Service and others (FMSHRC WEVA 85-43-D): Back pay and fees awarded after discrimination ruling
Judge James A. Broderick had previously found that Wilfred Bryant was laid off for activity protected under the Mine Act and that Dingess Mine Service and Joe and Johnny Dingess were liable for the discriminatory layoff. In this supplemental decision, the judge approved nine days of back pay and…
Jim Walter Resources, Inc.
Settlement approved with $723 penalty
Jim Walter Resources, Inc. submitted a joint motion with the Secretary of Labor to approve settlements for three violations at the No. 4 Mine. The originally assessed penalties totaled $815, and the proposed settlements totaled $723. The operator agreed to pay the original assessments of $294 and…
Bull Run Mining Company, Incorporated
Bull Run Mining Company (FMSHRC WEVA 86-272): Settlement approved at $200 for belt fire-protection citation
Bull Run Mining Company conceded a section 104(d)(1) citation alleging that it failed to provide two branch water lines for several belt head drives at the Meredith Mine. The original proposed penalty was $500, but the parties proposed a $200 settlement because the mine had installed…
Brian Lackey Concrete
17 citations affirmed with $85 total penalty
Brian Lackey Concrete conceded that 17 violations occurred at its small placer sand and gravel mine, leaving the amount of the penalties as the only issue. The parties stipulated that three violations were non-serious, 14 were serious, negligence was moderate, and the operator promptly abated the…
Chaney Creek Coal Corporation
Reinstatement and discrimination relief ordered
Judge Gary Melick had previously found that Chaney Creek Coal Corporation discriminated against Ronald Tolbert in violation of section 105(c)(1) of the Mine Act. This supplemental order required the company to offer Tolbert employment and to pay $14,452.85 in back pay and interest through April 8…
Emko Corporation
Settlement information required before approval
Emko Corporation and the Secretary submitted a joint motion to withdraw pleadings involving four violations. The judge found that vacating one citation and requiring the operator to pay the original $300 assessments for two others appeared proper, but the parties gave no factual support for…
Phelps Dodge Corporation, Tyrone Branch
Proposed settlement rejected and hearing ordered
Phelps Dodge faced a citation after a pipe-stacking accident at the Tyrone Mine and Mill in which one worker died from injuries and another suffered a broken leg. The parties proposed resolving the citation for the original assessed penalty of $192, but Judge Paul Merlin found that the record…
Columbia Portland Cement Company
Settlement approved at $1,000 for lockout citation
Columbia Portland Cement faced a citation after an electrician entered a kiln precipitator hopper while a screw conveyor was running and the electrical switch had not been deenergized or locked out. The proposed penalty was reduced from $2,000 to $1,000 because the employee did not intend to enter…
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.