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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Secretary of Labor obo Michael Salvo v. Pilot Thomas Logistics dba Thomas Petroleum, LLC
Secretary of Labor obo Michael Salvo v. Pilot Thomas Logistics (FMSHRC WEST 2020-214 DM): Temporary economic reinstatement approved
The Secretary sought temporary reinstatement for Michael Salvo while MSHA investigated his discrimination complaint against Pilot Thomas Logistics. The parties jointly agreed to economic reinstatement instead of returning Salvo to active work, without the company admitting that the complaint had…
Matter of K-S-E-
Firm-resettlement offer remains available despite reluctance
The Board reviewed a Haitian respondent's appeal after the Immigration Judge found that he had been firmly resettled in Brazil and denied asylum and withholding of removal. Brazil had offered him a path to permanent residence, but he did not complete the application steps because of the cost, time…
Axiall, L.L.C.
In re Axiall, L.L.C. (EAB TSCA Appeal No. 20-02Q): $49,000 penalty paid for export violations
EPA alleged that Axiall, L.L.C. violated TSCA section 12(b) and the Notice of Export rules in 40 C.F.R. part 707, subpart D. The complaint sought a $49,000 penalty. Axiall paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order. The Environmental…
Green v. Opcon, Inc.
And VSGI, LLC (DOL ARB 2018-0007): environmental retaliation dismissal affirmed
Christopher Green managed federal renovation projects for two subcontractors and alleged that the prime contractors removed him after he objected to improper asbestos handling. The Board held that Green did not show an employment relationship with the prime contractors under either the common-law…
Greater Lawrence Sanitary District
In re Greater Lawrence Sanitary District (EAB NPDES Appeal No. 19-05): petition dismissed after negotiated resolution
Greater Lawrence Sanitary District petitioned the Environmental Appeals Board to review an NPDES permit issued by EPA Region 1 for discharges from its wastewater treatment facility to the Merrimack River in Massachusetts. The Board stayed the matter while the parties pursued settlement discussions…
Freedom Performance, LLC
In re Freedom Performance, LLC (EAB CAA Appeal No. 20-(01)): penalty order becomes final without EAB review
Administrative Law Judge Susan L. Biro issued an Initial Decision and Penalty Order in the proceeding against Freedom Performance, LLC. The Board's order states that no appeal was filed and that the Environmental Appeals Board declined to review the case on its own initiative. The Initial Decision…
Cooper/T. Smith Corporation d/b/a Blakeley Boatworks, Inc.
Shipyard fall citation affirmed after misconduct defense rejected
A Blakeley Boatworks supervisor and fitter replaced part of a ladder inside a barge tank while working more than five feet above the floor without fall protection. The supervisor fell eight to nine feet and was hospitalized with multiple serious injuries. The parties agreed that OSHA proved the…
Secretary of Labor v. The Harrison County Coal Company
Settlement approved for 101-citation docket
The Harrison County Coal Company and the Secretary proposed resolving a 101-citation penalty docket while the operator's parent company was in Chapter 11 bankruptcy. The Secretary vacated three citations, reduced the negligence finding for Citation No. 9186420 from moderate to low, and reduced the…
Secretary of Labor v. Sunbelt Rentals, Inc.
Penalty reduced to $17,300 after remand
Sunbelt Rentals was cited after a nonfatal accident for failing to examine a work area and promptly correct a falling-material hazard at Roanoke Cement Company. An earlier ALJ decision found the violation significant and substantial, attributed it to high negligence, and assessed $23,750. A divided…
Matter of J-J-G-
Cancellation denied for insufficient hardship
The Board reviewed a Guatemalan respondent's appeal after an Immigration Judge denied cancellation of removal, asylum, withholding of removal, and Convention Against Torture protection. The Board held that hardship for cancellation must be assessed cumulatively, but a medical-hardship claim…
Komsan (Troy) Wooden v. Genesis Alkali, LLC
Discrimination complaint dismissed
Komsan Wooden claimed that Genesis Alkali placed him on probation and later fired him because of safety complaints, an injury report, an MSHA discrimination complaint, and workplace-examination concerns. Judge L. Zane Gill found that Wooden engaged in protected activity and that probation and…
McMullen v. Figeac Aero North America
AIR21 retaliation award affirmed
Figeac Aero plant manager Van McMullen reported possible falsification and missing certification information for aircraft parts, then filed a complaint with the FAA. Figeac terminated him within days. The Board upheld the ALJ's findings that McMullen reasonably reported potential aviation-safety…
Becker v. Community Health Systems, Inc.
SOX settlement approved
An ALJ found that Community Health Systems and Rockwood Clinics violated the Sarbanes-Oxley Act by constructively discharging, circumventing, threatening, and harassing Gregg Becker for protected whistleblowing. Both sides appealed different parts of that decision, and the case was selected for…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Ten citations resolved for $6,155
MSHA cited Consol Pennsylvania Coal for ten conditions at Bailey Mine, including damaged high-pressure hoses, combustible accumulations, improper battery-station ventilation, an electrical control box, and unsupported roof. Judge Jacqueline Bulluck found the accumulations and battery-ventilation…
TNT Crane & Rigging, Inc.
Power-line citations remanded because boom lowering was disassembly
TNT Crane & Rigging employees were preparing a mobile crane for transport after completing a communications-tower project. While the boom was being lowered so its jib extensions could be removed, a worker holding the hoist line contacted a 14,400-volt power line and sustained severe electrical…
Secretary of Labor v. Bragg Crane Service
Suspended-load penalty reduced to $200
Bragg Crane Service used a crane to move a 40,000-pound hopper at Spanish Springs Pit #6. Judge David Simonton found that a Bragg employee briefly entered the established 10-foot fall zone around the suspended load, violating the rule that persons stay clear of suspended loads, but the evidence did…
Muskegon Development Company
In re Muskegon Development Company (EAB UIC Appeal No. 19-02): Reissued permit review denied
Emerson Joseph Addison III challenged EPA Region 5's reissued Class II Underground Injection Control permit for converting the Holcomb 1-22 oil well in Michigan to enhanced oil recovery injection. The challenge concerned the Region's responses to environmental-justice, well-casing…
Brubacher Excavating, Inc. and Traffic Control Services LLC, d/b/a Flagger Force
Traffic-control citations vacated
Brubacher Excavating performed road construction while Flagger Force supplied traffic-control services. OSHA cited both employers under 29 C.F.R. § 1926.200(g)(1) after warning signs were omitted from the southbound approach and a nearby exit ramp, and a vehicle struck and seriously injured a…
Privler v. CSX Transportation, Inc.
FRSA complaint dismissed as untimely
Jason Privler alleged that CSX Transportation discharged him for refusing to train with employees who violated railroad safety requirements. The Federal Railroad Safety Act required him to file within 180 days of the alleged violation. Privler filed 182 days after his termination. The Board agreed…
C & W Facility Services, Inc.
Personal flotation device citation affirmed
C & W Facility Services managed janitorial work at the Tampa Convention Center, including workers carried on subcontractor Awnclean's weekly payroll. A worker pressure washing an unguarded dock without a personal flotation device walked backward into Tampa Bay and drowned. The judge found that C &…
Matter of R-A-V-P-
Bond denied because of flight risk
The Board reviewed a Honduran respondent's appeal after an Immigration Judge denied release on bond while removal proceedings were pending. The respondent argued that the Department of Homeland Security should bear the burden of proving he was a flight risk and that his asylum application, proposed…
Walls v. Union Pacific Railroad Co.
FRSA complaint denial affirmed
Union Pacific brakeman-conductor Jonathan Walls reported an injury after a derailment and alleged that the railroad interfered with his medical treatment and later subjected him to stressful surveillance. The ALJ credited evidence that Walls spoke voluntarily with a nurse while his supervisor drove…
Evans v. United States Environmental Protection Agency
Retaliation finding reversed
EPA employee Douglas Evans alleged retaliation under three environmental whistleblower laws after objecting to mandatory emergency-response duties and later filing OSHA complaints. The Board held that his union affidavit, letter to the EPA Administrator, and performance-appraisal comments did not…
Shi v. Moog, Inc.
Request for further explanation denied
Charles Shi alleged that a Chinese subsidiary of Moog terminated him for making aviation-safety complaints. The Board had affirmed dismissal because AIR21 does not apply extraterritorially and Shi's case was not a domestic application of the law. It then denied reconsideration. Shi sent another…
Gordon v. Brindi Trailer and Service, Inc.
STAA retaliation award vacated
Truck driver Robert Gordon arranged a state inspection that placed Brindi Trailer's only truck out of service for brake, windshield, and inspection-avoidance violations. The Board agreed that requesting and presenting the truck for inspection was protected under the Surface Transportation…
Secretary of Labor v. Solar Sources Mining, LLC
Berm penalty vacated and remanded
Solar Sources Mining was cited after a haul truck went through a deficient berm at a surface mine and overturned 47 feet below, while the driver escaped with serious foot and ankle injuries. The judge affirmed the berm violation as S&S, high negligence, and an unwarrantable failure, then assessed…
Weeks Marine, Inc.
Lodging-cost award vacated and claim remanded for denial
Nine union employees sought reimbursement from Weeks Marine for lodging costs above the $35 daily subsistence allowance in their collective bargaining agreement. The Davis-Bacon Act generally treats lodging as benefiting the employee unless the Wage and Hour Division rebuts that presumption. These…
Administrator, Wage and Hour Div., USDOL v. Price Gordon, LLC
Administrator, Wage and Hour Division v. Price Gordon, LLC (DOL ARB 2019-0032): SCA liability period expanded
Price Gordon and related entities provided non-emergency medical transportation under a Veterans Affairs contract covered by the Service Contract Act. The ALJ found that drivers and dispatchers had not received required prevailing wages and benefits, but limited owner Nicholas Price's liability to…
Houran USA Construction, LLC
Three serious construction citations affirmed
Houran USA Construction renovated a three-story building using a four-tier scaffold. OSHA cited the company after an inspector observed an employee without a hard hat below scaffold work, employees using a scaffold with a missing guardrail about 24 feet above the ground, and an access ladder that…
Vickery Environmental, Inc.
In re Vickery Environmental, Inc. (EAB RCRA Appeal No. 19-01): permit petition dismissed after Region withdrawal
Vickery Environmental, Inc. petitioned the Environmental Appeals Board to review a hazardous waste management permit issued by EPA Region 5, objecting to permit conditions concerning air emissions standards. Before the Region filed its response, it asked the Board to acknowledge its withdrawal of…
Matter of W-E-R-B-
Serious nonpolitical crime bar applied
The Board reviewed a Salvadoran respondent's appeal after an Immigration Judge denied asylum, withholding of removal, and Convention Against Torture protection based on the serious nonpolitical crime bar. The record included an Interpol Red Notice and related evidence concerning an allegation that…
Yellott v. Packaging Corp. of America
Yellott v. Packaging Corporation of America (DOL ARB 2019-0055): environmental settlement approved
Aron Yellott alleged that Packaging Corporation of America terminated her for activity protected by the Safe Drinking Water Act and Solid Waste Disposal Act. An ALJ dismissed the complaint after a hearing, and Yellott appealed. The parties settled while the appeal was pending and submitted their…
Fort v. Landstar Transportation Logistics, Inc.
STAA summary dismissal affirmed
Landstar log-compliance employee Annecia Fort alleged that the company transferred her to another department after she raised concerns involving three drivers. One driver received electronic-log retraining, another was told to call back about training, and the company corrected a third driver's…
Diamond 3S, LLC
In re Diamond 3S, LLC (EAB SDWA Appeal No. 20-(01)): Initial Decision and Default Order becomes final
Regional Judicial Officer Thomas Rucki issued an Initial Decision and Default Order involving Diamond 3S, LLC under the Safe Drinking Water Act. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The…
Taotao USA, Inc., Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd.
In re Taotao USA, Inc., Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd. (EAB CAA Appeal Nos. 18-01 and 18-02): Liability and penalties affirmed
EPA alleged that Taotao USA, Taotao Group, and Jinyun manufactured or imported motorcycles and recreational vehicles whose catalytic converters differed from the designs described in their certificates of conformity. The Administrative Law Judge found 109,964 vehicles uncertified and imposed joint…
Stone House Enterprises, Inc., d/b/a Jacksonville Granite
Late notice of contest dismissed
Stone House Enterprises fabricates and installs granite countertops. OSHA issued citations from two inspections addressing fire-extinguisher maintenance, forklift and hazard-communication training, and silica-related conditions. The company received both citation packages on June 6, 2019, but did…
Secretary of Labor v. KC Transport, Inc.
Offsite truck facility held within MSHA jurisdiction
KC Transport maintained coal-haul and other trucks at an offsite facility near several Ramaco mines and the Elk Creek preparation plant. MSHA cited two raised trucks there for maintenance performed without blocking them against motion, and KC Transport disputed only whether the Mine Act reached the…
Rockland Industries, Inc.
In re Rockland Industries, Inc. (EAB TSCA Appeal No. 20-01Q): $500 penalty paid for reporting violations
EPA alleged that Rockland Industries, Inc. violated the chemical data reporting regulations under section 8(a) of the Toxic Substances Control Act. EPA's complaint sought a $500 penalty. Rockland paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order…
Matter of Pedro Josue JIMENEZ-CEDILLO
Matter of Jimenez-Cedillo (BIA ID 3978): solicitation offense holding applied prospectively
The Board reconsidered the case of a Mexican respondent whose conviction under Maryland law involved soliciting a minor or an officer posing as a minor to engage in unlawful sexual activity. It reaffirmed that the offense is categorically a crime involving moral turpitude, but applied that position…
Shi v. Moog, Inc.
Reconsideration of extraterritorial dismissal denied
Charles Shi alleged that a Chinese subsidiary of Moog terminated him for making aviation-safety complaints. The Board had affirmed dismissal because Congress did not make AIR21's employee-protection provision extraterritorial and Shi's complaint was not a domestic application of the law. Shi sought…
Master Construction Co., Inc.
Roadwork traffic citation affirmed, training citation vacated
Master Construction managed a road-expansion project where concrete trucks repeatedly entered and left an active paving area. An employee walking through the truck operating area to retrieve material was run over by a concrete mixer and sustained two broken legs. The judge found a recognized…
Matter of R-A-F-
De novo CAT analysis ordered
The Attorney General reviewed a Board decision involving a respondent who claimed that conditions in a Mexican mental health facility would constitute torture if he were removed. The Attorney General held that the Board must review de novo whether the facts found by the Immigration Judge satisfy…
Hiller v. Grand Trunk Western Railway Co.
FRSA settlement approved
Trever Hiller alleged that Grand Trunk Western Railway terminated him for reporting a work-related injury. An ALJ found in Hiller's favor and awarded damages, and the railroad appealed. The parties settled while the appeal was pending and submitted the agreement for Board approval. The Board…
Penn Tank Lines, Inc.
In re Penn Tank Lines, Inc. (EAB CAA Appeal No. 20-01C): $104,940 penalty for reformulated gasoline violations
Penn Tank Lines, Inc. provides trucking transportation services for petroleum products. EPA alleged that the company delivered approximately 367,182 gallons of conventional gasoline in 45 loads to 10 Wawa retail outlets in Pennsylvania where reformulated gasoline was required. The Consent Agreement…
Lindner v. CitiMortgage, Inc.
Interlocutory appeal dismissed and case remanded
Peter Lindner alleged that CitiMortgage ended his job assignment after he raised concerns about unsupported mortgage statements. The ALJ denied CitiMortgage's motion to dismiss but certified for interlocutory review whether Lindner was a covered employee under the Consumer Financial Protection Act…
Secretary of Labor v. Boart Longyear Company
Two actions vacated and tag-line penalty reduced
A Boart Longyear mechanic used a forklift and rigging to hold a 500-pound transfer case while removing fittings at an underground gold mine. Judge Richard Manning credited testimony that the forklift was shut down, the mechanic was not under its forks, and the transfer case was low and stationary…
Secretary of Labor v. Rain for Rent
Tank-inspection and fuel-label citations affirmed
Rain for Rent provided liquid-handling services at a sand and gravel mine using a service truck equipped with an air receiver tank and fuel cans. Judge Priscilla Rae found that the tank lacked the required periodic inspection by a National Board-commissioned inspector and that a manufacturer's ASME…
Larrick v. Bechtel National, Inc.
Nuclear-safety complaint dismissed as untimely
Mylon Larrick alleged that Bechtel National retaliated against him for raising nuclear-safety concerns. Bechtel told him on July 18, 2016, that he would be laid off later, and his employment ended on August 31. The Energy Reorganization Act's 180-day filing period began with the final notice on…
Keenan, Hopkins, Schmidt and Stowell Contractors, Inc., d/b/a KHS&S Contractors
Aerial-lift guardrail citation affirmed
KHS&S employees installed exterior drywall from an aerial lift about 60 to 80 feet above the ground. To reach around structural beams and ductwork, they repeatedly climbed onto and worked from the lift basket's guardrails while tied to self-retracting lanyards. The judge found that the aerial-lift…
Brown v. BWSR, LLC
DOE subcontractor excluded from ERA coverage
Laurent Brown alleged that BWSR fired him after he refused to give door-guard training that he believed would violate safety policies. The ALJ found that BWSR performed work at naval nuclear reactor facilities as a subcontractor under Executive Order 12344. The Energy Reorganization Act expressly…
Gino Morena Enterprises, LLC
Untimely arm's-length hearing request rejected
The Army and Air Force Exchange Service requested a hearing about whether a collective bargaining agreement between Gino Morena Enterprises and the Fort Bliss Barbers Association resulted from arm's-length negotiations. The request came after the regulatory deadline, and the Wage and Hour…
Stratasys, Inc.
In re Stratasys, Inc. (EAB TSCA Appeal No. 20-02C): $202,900 settlement for chemical reporting violations
Stratasys, Inc. manufactures and imports chemical substances identified in the Consent Agreement as Chemical A and Chemical B because their identities were claimed as confidential business information. EPA alleged that Stratasys imported the substances without submitting required premanufacture…
Secretary of Labor v. Marfork Coal Company, LLC
Settlement approved and penalty reduced
Marfork Coal Company, LLC faced a proposed civil penalty of $29,612 in a case involving three citations. The settlement left Citation No. 9162703 unchanged, treated Citation No. 9243753 as vacated, and modified Citation No. 9167505 by reducing the likelihood of injury or illness from reasonably…
MLB Transportation, Inc. v. Administrator, Wage and Hour Division
Shuttle-driver classification affirmed
MLB Transportation and OWL provided wheelchair transportation for patients traveling to a Veterans Administration medical center. The Wage and Hour Division classified their non-emergency medical transportation drivers as shuttle-bus drivers, while MLB sought the lower taxi-driver wage…
Matter of E-R-A-L-
Landownership groups rejected
The Board reviewed a Guatemalan respondent's appeal after an Immigration Judge denied asylum, withholding of removal, and Convention Against Torture protection, while granting voluntary departure. The respondent argued that his status as a landowner and his resistance to drug cartels placed him in…
Yowell v. Fort Worth & Western R.R.
Yowell v. Fort Worth & Western Railroad (DOL ARB 2019-0039): late-reporting retaliation award vacated
Fort Worth & Western Railroad terminated Jeff Yowell after he reported a knee injury about a week after it occurred. The Board agreed that reporting the injury was protected and that termination was adverse, but rejected the ALJ's rule that the events were automatically linked because the report…
Neff v. KeyBank National Association
SOX summary dismissal affirmed
Kimberly Neff worked for KeyBank through a staffing agency and alleged retaliation based on concerns about the bank's policies, controls, and risk standards. The ALJ repeatedly explained that she needed evidence showing a genuine factual dispute, but her opposition to summary decision supplied…
Secretary of Labor v. GMS Mine Repair & Maintenance, Inc.
Safeguard citation vacated
A hook clevis broke while GMS Mine Repair employees were using a mule to move a longwall shield at Bailey Mine, sending the hook 33 feet through the air and striking a miner. MSHA cited GMS under a 2006 safeguard that had been issued in writing to mine owner Consol after a different chain failure…
Matter of J.J. RODRIGUEZ Rodriguez
Matter of J.J. RODRIGUEZ (BIA ID 3975): in absentia hearing required after sufficient notice
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings involving a Honduran respondent who had been returned to Mexico under the Migrant Protection Protocols. The respondent had been personally served with a notice to appear and…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Gas-well barrier citations vacated
MSHA cited Consol Pennsylvania Coal for allegedly failing to obtain gas-well pillar protection approvals for the NV-34 and NV-60 wells near mined-out areas of Enlow Fork Mine. Judge John Kent Lewis held that the oil-and-gas-well rule applies even when wells are drilled behind completed mining, but…
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.