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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E.I. Dupont De Nemours & Company
Protective-order case closed for separate discipline
DuPont complained that an attorney and law firm had violated a protective order in the case. A Commission judge found that the protected materials had been improperly disclosed. Because time had passed and the materials had already been publicly disseminated, the Commission concluded that efforts…
Krause Milling Company
Corn-dust citation dismissed
OSHA cited Krause Milling for employee exposure to corn dust under the inert-or-nuisance-dust provision of 29 C.F.R. § 1910.1000. The Commission held that the cited provision was part of a mineral-dust standard and did not apply to organic corn dust, and that a broader interpretation would deny…
Duval Corporation
Settlement approved and review dismissed
Duval Corporation had sold the mining operation involved in a case where an Administrative Law Judge found a violation of 30 C.F.R. § 57.19-120 and assessed a $395 penalty. Duval and the Secretary jointly asked the Commission to approve a settlement and dismiss the petition for discretionary review…
Sasas Incorporated
Suspended-load citation affirmed after fatal accident
Sasas Incorporated was cited after miner Brad Hobbs was struck and killed by a falling roll of conveyor belt at the Sasas Quarry and Mill. Judge Gary Melick found that the company violated the requirement that people stay clear of suspended loads, and that the violation was significant and…
James G. Eades v. Arundel Sand & Gravel Co.
Discrimination complaint withdrawn and dismissed
James G. Eades filed a discrimination complaint against Arundel Sand & Gravel Co. The complaint was before Judge Gary Melick in a proceeding under the Mine Act's discrimination provisions. At a May 6, 1986 hearing, Eades asked to withdraw the complaint. The judge granted the request and confirmed…
Magma Copper Company
Wire-rope citation vacated
Magma Copper Company was cited after an inspector observed broken and distorted wires on a hoist rope at its Superior Mine. An Administrative Law Judge found a violation of the rule governing broken wires in a rope lay and assessed a $100 penalty. The Commission held that the evidence did not…
Cerro Metal Products Division, Marmon Group, Inc.
Press-maintenance citation vacated
A Cerro mechanic died when a loader on an energized brass-extrusion press unexpectedly moved during repair work. Cerro had a rule requiring the press to be deenergized before repairs, and the employee who reenergized it knew that rule. The Commission held that OSHA bore the burden to show specific…
Paschen/Morrison-Knudsen/Kenny, A Joint Venture
Tunneling citations left affirmed
A Commission judge affirmed four citation items from a tunneling operation and assessed a combined $3,300 penalty. Two items concerned testing for flammable gases and oxygen deficiency and were classified as serious rather than willful. The Secretary sought review only of that classification while…
Hamilton Die Cast, Inc.
Duplicate face-protection citation vacated
An earlier Hamilton case included a face-protection citation that a judge affirmed while another item from the same decision was directed for Commission review. Before that review ended, OSHA cited Hamilton again for the same face-protection condition. The Commission held that directing any part of…
Hamilton Die Cast, Inc.
Eye-protection item remanded after court ruling
A Commission judge had affirmed a serious citation against Hamilton Die Cast under the eye and face protection standard. The Sixth Circuit vacated that finding and returned the case to the Commission. Following the court's direction, the Commission remanded the citation item to the judge for…
Bunge Corporation
Grain-dust citations vacated
OSHA cited three Bunge grain-handling facilities under the mineral-dust provisions of 29 C.F.R. § 1910.1000. The Commission held that Table Z-3 applies only to mineral dusts and did not cover organic soybean or grain dust under its inert-or-nuisance-dust listing. It also rejected the alternative…
Westmoreland Coal Company
Roof-control penalty reduced to $5,000
Westmoreland Coal Company was assessed a civil penalty for violating the mandatory roof-control standard at 30 C.F.R. § 75.202. The ALJ initially assessed $8,000 after finding unwarrantable failure and gross negligence, but the Commission reversed those findings and remanded for reconsideration of…
Pratt & Whitney Aircraft Group, Division of United Technologies Corporation
Three open-tank items vacated and goggles item affirmed without precedential value
Pratt & Whitney used open tanks containing hydrochloric acid, nitric acid, cleaner, and water to pickle aircraft parts at its Middletown facility. The Commission vacated an employee-instruction item because orientation, on-the-job training, tank warning signs, employee experience, and the obvious…
Granite City Terminals Corporation
Clam shell bucket access citation vacated
Granite City used a crane-mounted clam shell bucket to move employees between its Mississippi River dock and barges when low water made the access methods specifically listed in the standard unreasonable. The Commission held that the Secretary bore the burden of proving that this alternative was…
Daniel Construction Company
General duty citation vacated because MSHA authority preempted OSHA
Daniel Construction was building a secondary crusher structure on the surface of a mine when OSHA cited it under the general duty clause. The Commission adopted the judge's conclusion that section 4(b)(1) precluded OSHA jurisdiction because MSHA had statutory authority and had promulgated standards…
Chicago Zoological Society
Citations vacated because zoo operator was a political subdivision
The Chicago Zoological Society operated Brookfield Zoo under an agreement with the Forest Preserve District of Cook County and contested whether it was an employer covered by the OSH Act. The Commission majority held that the Society was a political subdivision excluded from the Act's definition of…
Cuyahoga Valley Railway Company
Secretary allowed to withdraw citation
The Secretary of Labor asked to withdraw the citation against Cuyahoga Valley Railway Company. The Commission granted the motion and cited a Sixth Circuit decision involving the United Transportation Union. The short release does not identify the cited conditions, standards, or proposed penalty.
Anoplate Corporation
Mixed ruling on plating, chemical storage, and recordkeeping items
Anoplate operated an electroplating and metal-finishing plant with open chemical tanks, chemical storage, spray painting, and compressed-air work. The Commission affirmed a nonserious eye-protection violation because dipping racks created a significant risk of harmful splashes, and it assessed $25…
United States Steel Corporation
Three molten-metal explosion items affirmed and willful classification reversed
U.S. Steel was cited under the general duty clause for allowing water or ice at seven locations where molten iron or steel could be released at its South Works plant. The Commission focused on whether molten metal could realistically reach and encapsulate the water, creating an explosion capable of…
R.D. Anderson Construction
Asbestos monitoring item affirmed but labeling item vacated
R.D. Anderson was renovating a university building where asbestos-containing floor fill was exposed during construction. The Commission held that initial air monitoring was required because loose asbestos, asbestos in settled dust, dry sweeping, and air currents made release into the air more…
Nu-Way Mobile Home Manufacturing, Inc.
General-industry fall citation vacated because construction standards applied
Nu-Way built mobile homes from the ground up on an assembly line, and OSHA cited the general-industry personal-protective-equipment rule after employees worked on a roof without safety belts. The Commission held that the work was construction because the nature of the work, not its factory…
L.R. Willson & Sons, Inc.
Perimeter-net citation reinstated after court remand
The Commission had previously vacated a serious citation alleging that L.R. Willson failed to use perimeter netting against exterior falls during structural steel erection. The D.C. Circuit reversed that decision and directed the Commission to reinstate the citation. Following the court's mandate…
A. Amorello & Sons, Inc.
Backup-alarm violation affirmed as other-than-serious after court remand
On remand from the First Circuit, the Commission reconsidered whether a front-end loader operated in reverse without a working backup alarm. Two OSHA officials observed the loader backing without hearing an alarm, and a later demonstration showed that the alarm did not sound until an operator…
New Boston Coke Corporation
Settlement approved after bankruptcy authorization
New Boston Coke submitted proof that the bankruptcy court had authorized its trustee to execute a settlement agreement. Counsel for the Secretary, the company, and the union had already signed the agreement. The Commission approved the settlement, and the short release does not identify the…
The L.E. Meyers Co., High Voltage Systems Division
Three ladder and fall-protection items vacated
L.E. Meyers, an electrical contractor, was installing protective rubber hosing on power lines when an apprentice fell from a ladder, contacted an energized jumper, and was electrocuted. Another employee was injured when he jumped from the ladder. The Commission held that changing § 1926.28(a) from…
Cleveland Electric Illuminating Co.
Settlement order remanded to remove a penalty
The administrative law judge approved the parties’ settlement but assessed a $150 penalty for item 3. Cleveland Electric told the Commission that the order conflicted with the settlement because item 3 should assess no penalty. The Secretary agreed and stated an intention to withdraw the citations…
Schwarz-Jordan, Inc.
Serious scaffold citation reinstated after court reversal
The Commission had previously vacated a citation alleging that Schwarz-Jordan violated the scaffold standard by using an unguarded scaffold. The Fifth Circuit reversed that decision and directed the Commission to reinstate the citation. Following the court’s mandate, the Commission reinstated…
Metro Waterproofing, Inc.
Consolidated cases remanded for factual inquiry
Metro Waterproofing’s president, acting without counsel, stipulated that certain violations existed on the inspection date. The judge relied on that stipulation to affirm five citations and assess $17,120 in penalties. A later affidavit asserted that the conditions violated communicated and…
Simplex Time Recorder Company
Solvent violation reduced from willful to serious
Simplex used lacquer thinner with a four-degree Fahrenheit flash point to clean a spray-booth floor, contrary to a standard requiring at least a 100-degree flash point for that cleaning use. A fire occurred in the booth and an employee died. The Commission held that the standard was validly…
Burk Well Service Company
Citation vacated for lack of commerce evidence
OSHA cited Burk Well Service for a willful violation of the general duty clause, and the judge affirmed the citation with a $2,000 penalty. Burk had specifically denied that it was engaged in a business affecting commerce, a fact required for coverage under the Act. The Commission explained that…
General Electric Company
Settlement affirmed over union’s abatement objections
OSHA cited General Electric for exposing employees to burn hazards from hot slag in a molten-metal furnace. The Secretary and GE settled, with GE agreeing to monitor furnaces for slag buildup and address safety precautions for maintenance. The participating union objected that the agreement did not…
Ernie's Esquire, Inc.
Dismissal remanded for another chance to certify notice
The judge dismissed Ernie’s Esquire’s contest of its citations because the company had not certified that it posted or served the notice of contest for affected employees. The company president sought reconsideration and explained that he had posted materials but believed an affected employee meant…
Cardinal Industries, Inc.
General-industry fall items vacated as preempted
Cardinal built modular housing units on an indoor assembly line using carpentry, plumbing, roofing, and electrical work. OSHA cited two unguarded platforms under the general-industry guardrail standard and the lack of safety belts under the general-industry personal-protective-equipment standard…
Gulf States Utilities Company
Grounding citation vacated because insulator work was maintenance
A Gulf States crew replaced vandalism-damaged porcelain insulators with epoxy insulators on a deenergized power line. While the crew removed grounding chains, one chain was taken off out of sequence and a lineman holding a spliced chain was electrocuted by induced current. OSHA cited the utility…
Sharon Steel Corporation
Flying-steel citation vacated for lack of a current hazard
OSHA alleged that Sharon Steel exposed maintenance employees to flying steel fragments while they changed a bridle roll and sheet steel moved through a temper mill from a payoff reel. The Commission found that earlier reported incidents fell outside the Act’s six-month limitations period. On the…
FMC Corporation
Additional plant inspection allowed with cost reimbursement
OSHA cited FMC under the general duty clause for allegedly failing to control potential exposure from an uncontrolled methyl isocyanate reaction at its pesticide plant. After numerous inspections and extensive cooperation by FMC, the Secretary sought another plant inspection by expert witnesses to…
MLB Industries, Inc.
Fall-protection citation vacated because Crown controlled the work
MLB supplied three union laborers to Crown Zellerbach for emergency concrete-floor removal work at Crown’s construction project. The workers used no fall protection, and one fell about 14 feet when the concrete beneath him gave way and later died from his injuries. The judge treated MLB as the…
Adams Steel Erection, Inc.
Two citation items reinstated after court review
The Commission had previously reversed the administrative law judge and vacated two citation items against Adams Steel Erection. The Third Circuit granted the Secretary’s petition for review and directed the Commission to reinstate the judge’s decision. The Commission therefore affirmed a serious…
Bechtel Power Corporation
Crane-barricade citation vacated
Bechtel used rope-and-flag barricades around cranes while building a power plant. A crane oiler was killed when he was caught between the tracks and rotating superstructure of a crawler crane, and OSHA cited the barricading standard. The Secretary conceded that the physical barricade was the type…
RSR Quemetco, a Division of RSR Corporation, A Corporation
Remanded proceedings authorized to resume
The Commission had previously severed these four consolidated RSR matters and remanded them to administrative law judges. The Fifth Circuit stayed those remand orders while it reviewed RSR’s petition. After the court affirmed the Commission’s orders, the Commission directed the assigned judges to…
Carbon County Coal Company
Ventilation-plan dispute dismissed
Carbon County Coal Company was cited for operating its Carbon No. 1 Mine without an approved ventilation and methane and dust control plan under 30 C.F.R. § 75.316. The dispute concerned whether the mine had to supply auxiliary fans with air greater than their free discharge capacity, rather than…
Merrell v. Peabody Coal Company
Discrimination complaint dismissed
Chapman Merrell alleged that Peabody Coal Company violated section 105(c) of the Mine Act when it bypassed him for rehire because he lacked relevant health and safety training under section 115 and 30 C.F.R. Part 48. Peabody argued that the complaint was filed too late. The Commission dismissed the…
United Mine Workers of America on behalf of James Rowe, et al., and Secretary of Labor on behalf of Thomas L. Williams v. Peabody Coal Company
Peabody Coal Company (FMSHRC KENT 82-103-D, KENT 82-105-D, KENT 82-106-D, LAKE 83-69-D): Recall-training discrimination complaints dismissed
These consolidated discrimination complaints challenged Peabody Coal Company's policy of bypassing laid-off miners for recall when they had not obtained relevant health and safety training before rehire. The Commission held that section 115 gives laid-off individuals training rights when they are…
Monument Mining Corporation and Island Creek Coal Company
Contractor liable for idled-miner compensation
The United Mine Workers sought compensation under section 111 of the Mine Act for miners idled by a withdrawal order issued after blasting at Monument Mining's No. 1 Surface Mine exposed workers at an adjacent underground mine to danger. Monument was the independent contractor that controlled the…
Maben Energy Corporation
Conveyor-tail-pulley citation affirmed with reduced penalty
Maben Energy operated the No. 6 underground coal mine in West Virginia. An MSHA inspection found that a conveyor tail pulley was not adequately guarded, leaving openings through which a person could reach the moving pinch points. Judge George A. Koutras found the violation significant and…
C.D. Livingston
Mine inspection access and penalty affirmed
C.D. Livingston operated the Digmore Placer Mine, an underground gold mine in California. He refused an MSHA inspector entry without a search warrant and argued that the Mine Act did not apply to his small operation because he had no employees. Judge John J. Morris found that the Act broadly covers…
Kenneth W. Hall v. Clinchfield Coal Company
Discrimination complaint dismissed
Kenneth W. Hall, a section foreman at Clinchfield Coal Company's McClure No. 1 underground mine, complained about a line-curtain and roof-bolting practice and later sought a transfer to surface work. Judge James A. Broderick found that Hall's safety complaints were protected activity and that the…
Jim Walter Resources, Inc.
Line-curtain citation affirmed
Jim Walter Resources operated a gassy underground coal mine in Alabama. The approved ventilation plan required line brattice to remain within 10 feet of all faces, but an inspection found it 15 feet from the face in one entry. Judge James A. Broderick held that the plan covered idle faces as well…
Mid-Continent Resources, Inc.
Safeguard citation modified and penalty reduced
Mid-Continent Resources was cited after an inspection found coal sloughage, timbers, and a trench obstructing a conveyor travelway at its Dutch Creek No. 2 underground coal mine. Judge John A. Carlson held that the safeguard covered the coal sloughage but did not clearly cover the timbers or…
Pyro Mining Company
Multiple citations modified and penalties assessed
Pyro Mining Company faced three consolidated civil-penalty dockets involving methane, electrical equipment, coal accumulations, conveyor conditions, and other mine-safety requirements at its No. 9 Slope Mine. Judge Richard C. Steffey modified several citation findings, affirmed some violations…
Rae Jewell Beaver v. Cedar Coal Company
Discrimination complaint withdrawn under agreement
Rae Jewell Beaver asked to withdraw her discrimination complaint against Cedar Coal Company under an agreement between the parties. Cedar agreed to allow employees to review their personnel files, provide Beaver with neutral job references, expunge the incident from her file, and provide drillers…
Missouri Gravel Co.
$1,638 in penalties approved after payment
Missouri Gravel Co. faced civil penalty proceedings involving 29 violations at its LaGrange Plant No. 3 and LaGrange Plant No. 1. The operator paid the proposed penalties totaling $1,638 but did not answer the proceedings. Judge Paul Merlin denied the Solicitor's motion to reconsider the need for a…
Consolidation Coal Company
Discrimination found with $600 civil penalty
Richard N. Truex served as a miners' representative at a post-inspection conference at Consolidation Coal Company's McElroy Mine. The company required him to take unpaid "union business" status and then refused to let him return to work after the conference. Judge Gary Melick found that this denied…
Helca Day Mines, Inc.
Settlement approved with $225 penalty
Helca Day Mines, Inc. reached a settlement concerning a violation arising from the Secretary's partially successful prosecution of a discrimination matter. The settlement reduced MSHA's initial $300 assessment to $225. Judge Michael A. Lasher, Jr. noted the operator's medium size, commendable…
Blueco Sales and Processing Company
Discrimination complaint withdrawn and dismissed
Douglas Coleman asked to withdraw his discrimination complaint against Blueco Sales and Processing Company. Judge Joseph B. Kennedy found good cause, granted the request, and dismissed the matter. He also vacated and canceled the hearing scheduled for October 2, 1985, in Beckley, West Virginia. The…
Peabody Coal Company
Discrimination complaint withdrawn and dismissed
Charles J. Ellett asked to withdraw his discrimination complaint against Peabody Coal Company. Judge Joseph B. Kennedy granted the request and dismissed the matter. The judge also vacated and canceled the hearing scheduled for October 2, 1985, in Beckley, West Virginia. The order does not address…
Youghiogheny & Ohio Coal Co.
Bench decision vacated and remanded
An ALJ found two violations at Youghiogheny & Ohio Coal Co. and assessed a total of $1,950 in penalties after an evidentiary hearing. The judge then confirmed the tentative bench decision after the operator failed to show cause. The Commission held that the written decision did not include the…
Kennecott Minerals Company
Berm standard held mandatory and case remanded for penalties
MSHA cited Kennecott Minerals Company for failing to maintain adequate berms or guardrails along an elevated access road at its Utah Copper Division. The ALJ dismissed the penalty proposals after treating 30 C.F.R. § 55.9-22 as advisory because an earlier version used the word "should." The…
KAS Coal Inc.
Settlement approved for $809
KAS Coal Inc. and the Secretary jointly asked the ALJ to approve a settlement in three civil penalty proceedings. The proposed violations had been assessed at a total of $809, and KAS Coal agreed to pay the full amount. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's…
Venblack, Inc.
EAJA fee application denied
Venblack, Inc. applied for attorney fees and costs under the Equal Access to Justice Act after prevailing in an underlying contest and related penalty proceeding. The company argued that the Secretary's position was not substantially justified. Judge Michael A. Lasher, Jr. found that the Secretary…
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.