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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Jim Walter Resources, Inc.
Settlements approved and contest proceedings dismissed
Jim Walter Resources, Inc. and the Secretary of Labor resolved several civil penalty and contest proceedings involving the No. 4 and No. 7 Mines. Judge Paul Merlin approved settlements for the penalty cases, accepted withdrawals of related notices of contest, and dismissed those contest…
DeKalb Forge Company
Hearing-conservation and record-access citations affirmed
DeKalb Forge stipulated that it had not complied with seven hearing-conservation provisions and two employee-record-access provisions at its Illinois forging shop. The judge vacated the citations after relying on a court panel decision that invalidated the hearing-conservation amendment, but the…
Emery Mining Corporation
Trolley-switch orders vacated
Emery Mining Corporation contested two orders alleging that trolley cut-out switches at its Deer Creek Mine were not adequately guarded. Judge John J. Morris held that the switches were part of the trolley wires covered by 30 C.F.R. § 75.1003, but found that the Secretary did not prove miners…
Ronald Tolbert v. Chaney Creek Coal Corp.
Discrimination violation found and employment ordered
Ronald Tolbert alleged that Chaney Creek Coal Corporation refused to hire him because he testified for another miner in a Mine Act discrimination case. Judge Gary Melick found Tolbert's account credible and concluded that Chaney Creek refused to hire him because of that protected testimony…
James H. Harmon v. Consolidation Coal Company
Safety-committee discrimination complaint dismissed
James H. Harmon alleged that Consolidation Coal Company removed him from the Humphrey No. 7 Mine safety committee because of his safety concerns and activities. The judge found that Harmon and two other committeemen had shut down a track-haulage area after a derailment, but that no imminent danger…
Consolidation Coal Company
Withdrawal order vacated and penalty proceeding dismissed
Consolidation Coal contested a withdrawal order and a related civil penalty proceeding concerning weekly examinations of abandoned areas at the Osage No. 3 mine. The Secretary alleged that the operator violated 30 C.F.R. § 75.305 by failing to have a certified person examine the areas. Judge Gary…
Jim Walter Resources, Inc.
Methane citation dismissed and contest granted
Jim Walter Resources contested a citation alleging that methane levels in the mine's return aircourses exceeded the limit in 30 C.F.R. § 75.309(a). Judge Gary Melick found that the Secretary issued the citation immediately after discovering the methane and did not show that the operator had been…
Queen Anne Coal Company
Discrimination complaint dismissed after safety complaints not linked to adverse action
Harlan L. Thurman alleged that Queen Anne Coal Company forced him to quit because harassment by co-workers and his foreman made his work unsafe. Judge Avram Weisberger found that some complaints about an outside man and the number of miners operating equipment were protected safety activity, but…
Sierra Aggregate Company
One citation vacated and six affirmed with $620 in penalties
Sierra Aggregate operated the Red Top Mine, a small surface mine that excavated and processed volcanic cinders. Judge Michael A. Lasher, Jr. considered seven alleged violations involving grounding records, diesel-fuel spillage, quarterly reporting, machine guarding, and access to elevated conveyor…
Queen Anne Coal Company
Discrimination complaint dismissed
Harlan L. Thurman alleged that Queen Anne Coal Company forced him to quit because harassment by co-workers and his foreman made his work unsafe. Judge Avram Weisberger found that complaints about an outside man and the number of miners operating equipment were protected safety activity, but that…
Consol Pennsylvania Coal Company
Discrimination finding and remedial order
Larry Brian Anderson alleged that Consol Pennsylvania Coal Company refused to hire him because company personnel believed he had reported a supervisor for a roof-control violation. Judge James A. Broderick found that the company suspected Anderson had engaged in protected safety activity and…
Allied Coals, Inc.
Discrimination complaint dismissed on summary decision
Newton J. Johnson alleged that Allied Coals discriminated against him after assigning him work beyond night-watchman duties. Judge William Fauver found that Johnson had not complained about unsafe work or lack of training, and that he quit because he did not want to shovel a belt line for the wage…
Heaton Erecting, Inc.
Mobile-scaffold citation items vacated
OSHA cited Heaton Erecting after an employee fell about 40 feet to his death while using a mobile scaffold near a building perimeter. The citation alleged missing guardrails and failure to plank the scaffold's full width. The judge vacated both items, finding that the guardrail rule did not apply…
Morrison-Knudsen, Inc.
Tunnel hearing-protection item vacated
Morrison-Knudsen constructed tunnels for the Seabrook Nuclear Power Plant and supplied hearing protection to employees exposed to high noise levels. OSHA cited the company after dosimeters showed excessive cumulative noise doses and a compliance officer briefly observed two locomotive operators…
S & M Coal Co., Inc., Jewell Smokeless Coal Corporation, Prestige Coal Company, Inc., Tolbert P. Mullins, and Shirley A. Mullins
S & M Coal Co., Inc., et al. (FMSHRC VA 86-34-D): Discrimination finding after refusal to bridge electrical safeguards
Bobby Keene, an electrician, refused repeated requests to bypass electrical safety features by “bridging” equipment at S&M Coal. After Keene refused to bridge a miner cable and left the mine, the judge found that he had a good-faith and reasonable belief that the practice could cause electrical…
Local Union 5817, UMWA v. Monument Mining Corporation
Independent contractor solely liable for idled-miner compensation
The United Mine Workers sought compensation under Mine Act section 111 for miners idled by a withdrawal order issued after Monument Mining violated the blasting precaution standard at Island Creek's No. 1 Surface Mine. The Commission held that Monument, the independent contractor that controlled…
Valdez Creek Mining Company
One citation vacated and 16 affirmed with a $990 penalty
Valdez Creek Mining Company operated a placer gold mine in Alaska with about 100 employees when MSHA issued 17 citations during July and August 1985. The company admitted that the violations occurred but disputed the penalty amounts. Judge Michael A. Lasher, Jr. found that the operator's negligence…
D.H. Shelton and Associates, Inc.
Electrical and fire citations settled for $1
D.H. Shelton, a plumbing, heating, and air-conditioning subcontractor, was cited at an El Paso construction project. The judge affirmed a serious item for failing to use a ground-fault circuit interrupter or an assured equipment-grounding program, plus other-than-serious items for an ungrounded…
Lamar Mining Company and Larry Williams, Graham Martin and Williams & Martin Coal Co.
Danny Johnson v. Lamar Mining Company et al. (FMSHRC KENT 87-68-D): Discrimination settlement approved and case dismissed
Danny Johnson filed a Mine Act discrimination proceeding against Lamar Mining Company, Larry Williams, Graham Martin, and Williams & Martin Coal Company. The parties reached a settlement requiring the operator to pay Johnson $5,000 in four equal installments, with the final payment due May 18…
Staker Paving & Construction Company, Incorporated
Back-up alarm citation affirmed with S&S designation removed
MSHA cited Staker Paving after a front-end loader operated without an audible back-up alarm or an observer, even though maintenance reports had documented the defect. The company admitted the violation and abated it in six days after obtaining a replacement part. Judge John J. Morris found that the…
U.S. Steel Mining Co., Inc.
Roger Nelson v. U.S. Steel Mining Co., Inc. (FMSHRC WEVA 86-407-D): Two retaliatory actions found and $400 penalty assessed
Roger Nelson raised safety concerns about ventilation tubing and rock dusting at U.S. Steel's Morton Mine. Judge Avram Weisberger found that a foreman intimidated Nelson by falsely accusing him of illegally taking a man trip and later required him to shovel coal after Nelson made protected safety…
Dingess Mine Service, Winchester Coals, Inc., Mullins Coal Company, Joe Dingess and Johnny Dingess
Wilfred Bryant v. Dingess Mine Service et al. (FMSHRC WEVA 85-43-D): Discrimination found after refusal to operate unsafe shuttle car
Wilfred Bryant was laid off shortly after he reported defects in a shuttle car and refused to continue operating it. Judge James A. Broderick found that the safety complaints and refusal were protected activity, and that the layoff was motivated in part by that activity. The judge held Dingess Mine…
Jones Washington Stevedoring Co.
Fall-protection citation withdrawn
Jones Washington Stevedoring employees worked without fall protection on containers stacked 32 feet above a barge deck. The judge found that safety nets were infeasible but that safety belts tied to temporary container anchor points could provide equal protection. He affirmed the serious…
Concrete Products Company
Back-up alarm citation affirmed with $150 penalty
MSHA cited Concrete Products after an inspector found a 35-ton Caterpillar operating without a back-up alarm at a sand and gravel pit. The company admitted the violation and repaired or replaced the alarm the same day. Judge John J. Morris found that the defect had been reported several days…
Rushton Mining Company
Orders modified and $1,600 in penalties assessed
Rushton Mining's consolidated cases involved three contested orders and a civil-penalty proceeding arising from ventilation, escapeway, coal-dust, and examination issues at the Rushton Mine. Judge James A. Broderick vacated Order No. 2403926 and dismissed its contest, approved a settlement that…
Western Fuels-Utah, Inc.
Roof-support citation affirmed with $250 penalty
MSHA cited Western Fuels after miner Austin Mullens went about seven feet beyond permanent roof support while trying to retrieve a pan and was killed by a falling rock at the Deserado Mine. Judge Roy J. Maurer found that the conduct violated 30 C.F.R. § 75.200 and was significant and substantial…
Tri-Son Mining, Inc.
Discrimination complaint dismissed after settlement
The case was a discrimination proceeding involving Tri-Son Mining, Inc. The complainant asked to withdraw the complaint after the parties reached a mutually agreeable settlement. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case.
Central Wisconsin Steel Building Erectors, Inc.
Roof fall-protection citation vacated
Central Wisconsin employees installed insulation and metal roof decking on a single-story building 16 to 21 feet above the ground without fall-protection equipment. The judge affirmed a serious personal-protective-equipment citation and assessed $300. The Commission later held that the controlling…
Elk Creek Coal Corporation
Nine violations affirmed, one citation dismissed, and $1,850 assessed
MSHA charged Elk Creek Coal Corporation with ten violations involving highwall hazards, roof control, emergency communications, methane monitoring, and miner training at the No. 1 Mine. Judge Gary Melick found nine violations proven, including several significant and substantial violations, but…
Consolidation Coal Company
Supplemental order awards $1,563.13 and makes prior decision final
This supplemental decision followed an earlier decision in a discrimination proceeding involving Consolidation Coal Company. The parties agreed on the amounts owed to the complainant under two paragraphs of that earlier decision. Judge Avram Weisberger ordered the company to pay $775.25 in legal…
Duval Corporation
Discrimination complaint dismissed as untimely
Leonardo R. Lamas brought a Mine Act discrimination complaint against Duval Corporation after his employment was terminated in 1983. He filed with MSHA more than two years later and then filed a second complaint with the Commission after MSHA found no violation. Judge Michael A. Lasher, Jr. found…
Solar Fuel Company, Inc.
One citation vacated, one modified, and $205 assessed
MSHA cited Solar Fuel Company at the Solar No. 10 Mine for electrical equipment near pillar workings, inadequate airflow, and other conditions. Judge Roy J. Maurer vacated Citation No. 2694689, modified Citation No. 2694571 to remove its significant-and-substantial designation, and affirmed the…
Cleveland Consolidated, Inc.
Electrical citations merged and penalty reduced to $100
Cleveland Consolidated electricians replaced a damaged cable in a narrow, dark corridor while exposed lugs in the same switchbox remained energized at 460 volts or more. An explosion occurred while an employee worked within reach of the energized parts, setting his beard and clothes on fire. The…
Southern Ohio Coal Company
Two orders vacated and one settlement approved
Southern Ohio Coal challenged two enforcement orders at the Martinka No. 1 Mine and faced related civil penalty proposals. Judge Roy J. Maurer vacated one order because the safeguard requiring 24 inches of clearance around coal feeders was a general requirement that should have been adopted through…
Hobet Mining & Construction Company
Blasting violation reversed and citation vacated
Hobet Mining and Construction was cited after a blasting crew remained in an open area and a rock struck a crew member about 1,115 feet from the blast. The ALJ found a violation of the blasting-area standard and assessed a $5,000 penalty. The Commission held that the Secretary had not shown that…
Marigold Docks, Inc.
Civil penalty settlement approved
Marigold Docks disputed whether a citation had properly been issued to it rather than to the deceased miner's employer. The parties agreed to resolve the civil penalty proceeding for $120 instead of the originally assessed $126. Judge James A. Broderick approved the settlement under the penalty…
Upright Mining, Inc.
Default order vacated and remanded
Upright Mining faced citations for failing to submit a respirable dust sample and for inadequate roof support, with a proposed civil penalty of $578. An ALJ entered a default order after Upright did not answer a show-cause order, but the Commission found that Upright had filed its response before…
Chaney Creek Coal Corporation
Discrimination complaint settled and dismissed
Steve Collett alleged that Chaney Creek Coal discharged him after he made safety complaints about a shuttle car. The parties settled before the scheduled hearing, with Collett withdrawing his complaint and waiving further claims in exchange for $4,000 paid in two installments. Judge George A…
Secretary of Labor o/b/o Corbin v. Sugartree Corporation
Corbin claims dismissed after settlement
The Secretary brought a discrimination case on behalf of James Corbin, Robert Corbin, and A.C. Taylor against Sugartree Corporation, Terco, Inc., and Randal Lawson. The Corbin claims were resolved through a settlement that expunged references to their discharges and paid them $50,000 in damages…
The Great Lakes Construction Co.
Dump-truck brake citation withdrawn
A loaded Great Lakes Construction dump truck could not stop while descending a steep grade and was driven into a ditch after narrowly missing a bulldozer. The judge found that both rear brakes were inoperative, the foreman knew the brakes were bad, and the service-brake system could not stop the…
Jim Walter Resources, Inc.
Miner transfer found discriminatory
Andy Brackner reported a methane ignition to a union safety committeeman after a foreman said he would not report it to MSHA. Jim Walter Resources then transferred Brackner from an electrician position on a longwall section to an electrician position on a continuous miner section, where overtime…
LTV Steel Company
Partial ruling remanded for reconsolidation
An OSHRC judge granted LTV Steel partial summary judgment and vacated one floor-opening item before resolving the other three contested items. The Commission held that the ruling reached it prematurely because the judge had not found good cause to sever the item and a single Commission member's…
Wap Coal Company
Discrimination settlement approved and case dismissed
Nicholas Ramirez brought a discrimination proceeding against Wap Coal Company. The parties filed a settlement agreement and jointly asked the judge to order compliance and dismiss the case. Judge William Fauver approved the motion, required the parties to comply with the settlement, and allowed…
Michael Brunson
Officer assessed individual penalty for brake violation
Michael Brunson was a vice president and the person listed in MSHA records as responsible for health and safety at a sand and gravel company. An employee told him that a front-end loader's brakes were defective about a week before MSHA found the loader operating without adequate brakes. Judge James…
Shawnee Coal Company
Discrimination complaint dismissed
Gerald C. Brunton alleged that Shawnee Coal discharged him after he raised or encountered safety concerns, including equipment with defective brakes and work near an unsafe highwall. The judge found that Brunton did not show he complained about those conditions or refused the work. Instead, the…
Benjamin Coal Company
Miners’ representative notice violation upheld
Benjamin Coal failed to post information identifying the United Mine Workers of America as a representative designated by four miners at its preparation plant. The company argued that the union had not won majority support in an NLRA election and that its representatives were not Benjamin…
Mountaineer Coal Company
Failure to respond made proposed penalties final
Mountaineer Coal failed to comply with a prehearing order in a civil penalty proceeding. Judge William Fauver gave the company until February 3, 1987, to explain why it should not lose its right to a hearing and why the Secretary's proposed penalties should not become final. The company did not…
Gilbert Industrial
Discrimination complaint dismissed after settlement
Dan L. Thompson asked to withdraw his discrimination complaint against Gilbert Industrial after the parties reached a settlement. Judge Gary Melick granted permission to withdraw the complaint and dismissed the case. The specific settlement terms were sealed and could be reviewed only by order of…
U.S. Steel Mining Company, Inc.
Defective belt roller citation affirmed
U.S. Steel Mining was cited after a belt tail roller at its Cumberland Mine operated with damaged bearings that ran hot, smoked, and required repeated cooling and greasing. Judge Gary Melick found that the roller was not maintained in safe operating condition and that the condition was significant…
Paopa Coal Mining Company
Citation affirmed by default with $650 penalty
Paopa Coal Mining Company told the Secretary's counsel that it would not appear at the scheduled civil penalty hearing. Judge William Fauver treated that statement as a withdrawal and waiver of the company's hearing request. The allegations in Citation No. 2303103 were deemed true and incorporated…
Lauhoff Grain Company
Rail-yard protection violation affirmed
Lauhoff operated a private rail switchyard while contractors performed construction near an active spur track. During a blind push, a Lauhoff engine backed six hopper cars into a parked forklift, crushing a contractor's employee between the forklift and a crane and killing him. The Commission held…
Hydrocarbon Resources Company
Four safety citations affirmed with $4,200 in penalties
Hydrocarbon Resources was cited for failing to provide bulkhead protection during shaft work, maintain an effective underground telephone, ground a water pump, and ground an electrical wire. Judge John J. Morris found all four violations proven and assessed penalties of $3,000 for the bulkhead…
Fife Rock Products Company, Inc.
Protective equipment citation affirmed after remand
Fife Rock Products' plant manager was using an oxygen-acetylene torch without protective glasses or other protective equipment while cutting holes in a screen. Judge John J. Morris found that the conduct violated 30 C.F.R. § 56.15007 and could have caused blindness or a serious eye injury. The…
Jim Walter Resources, Inc.
Respiratory dust settlement approved for $60
Jim Walter Resources and the Secretary jointly asked to settle three violations involving respirable dust samples. The operator had submitted the required five samples from each designated occupation, but one sample in each occupation contained oversized particles that could not be analyzed. The…
Secretary of Labor o/b/o DeLisio v. Mathies Coal Company
Remedy clarification request remanded
The Commission reviewed a request from the Secretary of Labor to clarify the remedy in an ALJ decision involving Mathies Coal's interference with Joseph G. DeLisio's right to accompany federal inspectors. The ALJ had ordered Mathies to let DeLisio drive his private car to the mine portal or provide…
Adams Steel Erection, Inc.
Perimeter and safety-net items affirmed, ladderway item vacated
Adams Steel was the steel-erection subcontractor on a multistory Pittsburgh construction project. The Commission affirmed a perimeter-railing item because decking remained temporary until it was welded into the structure as permanent flooring. It vacated a ladderway-opening item because the…
U.S. Steel Mining Company, Inc.
Settlement approved with a $20 penalty
U.S. Steel Mining Company faced a civil penalty proceeding involving its Seneca Mine. The Secretary of Labor and the company submitted a settlement agreement, and the company agreed to pay a $20 penalty in full. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty…
Webster County Coal Corp.
Respirable dust citation affirmed as significant and substantial
Webster County Coal challenged the significant-and-substantial designation on a citation issued after five respirable dust samples averaged 2.1 mg/m3. Judge James A. Broderick held that the violation of the respirable-dust standard was established and that Commission precedent created a presumption…
Utah Power & Light Company, Mining Division
Compensation proceeding history and settlement dispute
The United Mine Workers filed a compensation proceeding for Local Union 1769 miners affected by a withdrawal order at Utah Power & Light's Deer Creek Mine. The parties engaged in discovery, sought stays and continuances, and negotiated a settlement under which 147 miners were paid. The union later…
Glen Irvan Corporation
Settlement approved at $2,700 after bankruptcy filing
Glen Irvan Corporation faced three violations at the Bark Camp Strip, including a highwall and front-end-loader work-area violation, a preshift-examination violation, and a loose highwall-material violation. The decision states that the violations grew out of a fatal fall-of-material accident and…
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.