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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Wevers v. Montana Rail Link, Inc.
FRSA prompt-treatment protection limited to injury aftermath
Montana Rail Link employee John Wevers claimed the railroad interfered with treatment for workplace back injuries and disciplined him because he reported the injuries and followed medical plans. The Board held that the FRSA ban on denying, delaying, or interfering with treatment applies only to…
In re Choctawhatchee Electric Cooperative, Inc.
Davis-Bacon applies to privatized base utility construction
Choctawhatchee Electric Cooperative received a 50-year contract to buy, operate, maintain, and upgrade the electrical system at Eglin Air Force Base. It argued that Davis-Bacon did not apply because the cooperative would own the infrastructure and the government was not directly hiring construction…
Evoqua Water Technologies LLC
In re Evoqua Water Technologies LLC (EAB RCRA Appeal No. 18-01): Permit remanded in part and review otherwise denied
EPA Region 9 issued a Resource Conservation and Recovery Act permit to Evoqua Water Technologies LLC and the Colorado River Indian Tribes for a hazardous-waste treatment, storage, and disposal facility near Parker, Arizona. Evoqua challenged nine issues involving the co-permittees, hazardous-waste…
City of Sandpoint Wastewater Treatment Plant
In re City of Sandpoint Wastewater Treatment Plant (EAB NPDES Appeal No. 18-01): Phosphorus permit limits upheld
EPA Region 10 issued an NPDES permit to the City of Sandpoint, Idaho, for its wastewater treatment facility. The Idaho Conservation League challenged the phosphorus effluent limits, arguing that the mixing zones used to calculate them were too large under Idaho's water-quality regulation. The…
Brough v. BNSF Railway Company
Injury-report retaliation upheld but punitive damages reversed
BNSF fired longtime employee Steve Brough after he reported an injury from a locomotive collision weeks after the accident. Substantial evidence supported the ALJ's finding that the report contributed to discharge, including management's reaction, shifting charges, and the railroad's perceived…
Secretary of Labor v. Consol Buchanan Mining Company, LLC
Roof-plan violation remained non-S&S on remand
Consol Buchanan took a crosscut about two to three-and-a-half feet deeper than its roof control plan allowed in adverse roof conditions. The violation itself had already been affirmed, but a federal appeals court remanded the S&S question and directed the judge not to rely on redundant safety…
Matter of Jesus Gabriel NAVARRO GUADARRAMA
A realistic-probability showing is required for an overbroad state drug statute
The Board reviewed a removal case involving a Mexican citizen who had two Florida convictions for possessing less than 20 grams of marijuana. He argued that Florida's definition of marijuana was broader than the federal definition because it could reach substances not listed on the federal…
Secretary of Labor v. American Aggregates of Michigan, Inc.
Settlement denial accepted for interlocutory review
An administrative law judge denied a settlement motion, later recused, requested reassignment, and certified the settlement ruling for interlocutory review. The Commission found that the ruling presented a controlling legal question whose immediate resolution could materially advance the case. It…
Matter of Magdaleno ANDRADE JASO and Matter of Carmina CARBAJAL AYALA
Meritless asylum filings may support dismissal of proceedings
The Board reviewed the dismissal without prejudice of removal proceedings against two respondents who filed asylum applications, did not attend their asylum interviews, withdrew those applications at the first court hearing, and then sought cancellation of removal. The Immigration Judge found that…
Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON, Respondents
Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON (BIA ID 3954): Attorney General referred conviction-vacatur questions
The Attorney General referred two Board decisions for review of how a judicial change to a criminal conviction or sentence should affect the immigration consequences of that conviction. The referral covers changes labeled vacatur, modification, clarification, or another term. The Board’s decisions…
Secretary of Labor v. Yahara Materials, Inc.
Dump-site berm citation settled for $286
MSHA cited Yahara Materials for failing to provide a berm at a dump site and proposed a $2,361 penalty. In settlement, the operator asserted that a spotter and berms were present, while the Secretary declined to provide requested inspection photographs. Judge Thomas P. McCarthy approved the…
Secretary of Labor v. American Aggregates of Michigan, Inc.
Untrained-miner settlement rejected
MSHA ordered an inexperienced driller's helper withdrawn because he had not completed all required new-miner training. The parties proposed removing the S&S designation, lowering gravity and negligence, and reducing the penalty from $2,007 to $132 based on his prior OSHA training, partial MSHA…
CWP Asset Corp., d/b/a Mister Car Wash
Conveyor machine-guarding violation affirmed
Mister Car Wash moved vehicle-drying work inside a car wash bay near a conveyor system. An employee was hospitalized after his foot entered a gap above the conveyor's moving chain and sprocket. The judge found that this work arrangement made employee exposure to the moving parts reasonably…
Secretary of Labor v. Wolf Run Mining, LLC
Mistaken penalty payment reopened
Wolf Run Mining intended to contest citations after penalties were proposed, but internal miscommunication caused the penalties to be paid instead. The company discovered the error while responding to mine-management inquiries and immediately contacted outside counsel. Counsel moved to reopen less…
Secretary of Labor v. The Monongalia County Coal Company, successor to Consolidation Coal Company
Secretary of Labor v. The Monongalia County Coal Company (FMSHRC WEVA 2015-0074): Long stay lifted in accumulation cases
Three penalty cases involving alleged combustible-material accumulations had remained stayed while related litigation addressed the meaning of a repeated flagrant violation. Judge Jerold Feldman found that the pending Commission appeal in the related Monongalia case did not require further delay…
Secretary of Labor v. Canyon Fuel Company, LLC
Missing contest excused after prompt response
Canyon Fuel sought to reopen a penalty assessment after MSHA did not receive its contest of two citations. The company said its safety manager mailed the contest form in January 2019, but it provided no proof of mailing. Canyon moved to reopen within ten days after receiving MSHA's delinquency…
Secretary of Labor v. New Gold Nevada, Inc.
Informal-conference delay excused
New Gold Nevada did not contest a proposed penalty assessment because it believed informal discussions with MSHA about citation changes were still underway. The company repeatedly asked MSHA for a response and did not receive one until two days after the assessment became final. New Gold…
Secretary of Labor v. Peabody Twentymile Mining, LLC
Unsent counsel request excused
Peabody Twentymile Mining missed the deadline to contest a proposed penalty assessment after its compliance manager prepared, but did not send, a request for outside counsel to file the contest. The manager discovered the mistake on May 23, 2018, and immediately contacted counsel. Counsel moved to…
Secretary of Labor v. Mach Mining, LLC
Unhandled assessment reopened
Mach Mining decided to contest six of 27 citations and pay the remaining penalties, but its assistant corporate safety director did neither. He discovered the oversight when the company received a delinquency notice and immediately contacted outside counsel. Counsel filed a reopening motion within…
Secretary of Labor v. Industrial Process Equipment Constructors
Citation-number typo supported reopening
Industrial Process Equipment Constructors sought to reopen a penalty assessment after an error during informal negotiations with MSHA. The company said it typed the wrong citation number in an email requesting a conference, which caused MSHA to modify the wrong citation in its records. The contest…
Matter of Renata MIRANDA-CORDIERO
An absent respondent who withheld a mailing address cannot rely on a deficient hearing notice
The Board reviewed a Brazilian respondent's appeal from the denial of a motion to reopen an in absentia removal order. The respondent had been personally served with a Notice to Appear, refused to provide an address for hearing notices, and did not appear at the scheduled hearing. The Board held…
Matter of Lourdes Suyapa PENA-MEJIA
A later hearing notice can complete notice for an in absentia hearing
The Board considered a Honduran respondent's motion to reopen and terminate proceedings after she did not appear at a scheduled hearing and was ordered removed in absentia. Her original Notice to Appear did not specify the hearing date and time, but the Immigration Court later sent a notice of…
Wright v. Railroad Commission of Texas
Environmental retaliation causation not proved
Railroad Commission of Texas employee Frederick Wright alleged retaliation after raising concerns about oil and gas operators' compliance with rules protecting underground drinking-water sources. On an earlier appeal, the Board had required the ALJ to reconsider whether Wright reasonably believed…
DeSalvo v. Waterfront Property Services, LLC d/b/a Gator Dredging
DeSalvo v. Waterfront Property Services, LLC (DOL ARB 2017-0044): first-day insubordination supports same-action defense
Andrew DeSalvo was hired as a survey crew chief at a Florida jobsite. On his first day, he repeatedly interrupted and argued with two officials explaining his duties, then left after being told to sit down and listen or be terminated. For purposes of summary decision, the ALJ assumed DeSalvo had…
Secretary of Labor v. Peabody Midwest Mining, LLC
Rib order reduced to a $40,000 citation
MSHA issued Peabody Midwest Mining a section 104(d)(2) order for loose coal ribs across 13 entries at its Francisco Underground Pit and specially assessed a $165,700 penalty. Judge William B. Moran found that Peabody violated the rib-control standard and that the violation was significant and…
Leiva v. Union Pacific Railroad Company
Settlement breach did not create a new FRSA claim
Daniel Leiva previously settled a successful Federal Rail Safety Act case in which Union Pacific agreed not to use or disclose records of 2012 discipline tied to his protected activity. He filed a new FRSA complaint after the company supplied those records to a Public Law Board considering a later…
Ford v. Zebra Carriers, Inc. and Ford v. TCM Transport, LLC
Ford v. Zebra Carriers, Inc. and TCM Transport, LLC (DOL ARB 2018-0057 and 2019-0023): review dismissed after brief not filed
Michael Ford sought Board review in two matters involving Zebra Carriers and TCM Transport. The Board first ordered him to explain why the appeal should not be dismissed for failure to file his petition, then granted him more time and amended the briefing schedule. It warned that failure to follow…
All-Pro Construction Services, Inc.
Two residential fall protection citations affirmed
All-Pro Construction Services performed roofing work on new homes in central Florida. OSHA observed two separate three-person crews working on sloped roofs without required fall protection, first at a height of about 18 feet and then two days later at about 9 feet. The judge found that the…
Jacobs v. Liberty Logistics, Inc.
Resignation defeated adverse-action element
T.J. Jacobs alleged that Liberty Logistics fired him for raising commercial-vehicle safety concerns. The ALJ found that Jacobs instead voluntarily resigned when he delivered a “Notice of Rescission” terminating all agreements with the company, even though the letter also claimed the company still…
Kimble Company, d/b/a Kimble Sanitary Landfill
Landfill struck-by citation vacated
Kimble operated a sanitary landfill where a front-loader struck and killed an employee who was on foot. OSHA alleged that employees were permitted to walk through vehicle-operating areas and cited the general duty clause. The judge rejected Kimble's arguments that the Mine Act or construction…
All Wall Builders, LLC
Roof fall protection and ladder citations affirmed
All Wall Builders was installing metal trusses on a commercial building roof in Cooperstown, New York. OSHA observed employees working on the roof without properly using fall protection and found an access ladder that did not extend three feet above the landing. The judge found that company…
In re Alta Waterproofing
Wage-decision appeal dismissed for failure to prosecute
Alta Waterproofing appealed a matter involving Wage Decision No. VA150095, modification 994. The Board issued a show-cause order on January 8, 2019, giving the company 14 days to explain why the appeal should not be dismissed for failure to prosecute. Alta Waterproofing did not respond to that…
Butler v. Neier, Inc.
$52,620.30 STAA fee award affirmed
An ALJ found that Neier violated the Surface Transportation Assistance Act and later awarded Michael Butler $52,620.30 in legal fees, costs, and expenses. Neier argued that the fee award was premature because the ALJ entered it while the merits appeal was pending before the Board. The Board…
Secretary of Labor v. Rain for Rent
Appointments Clause remand ordered a new hearing
The Commission had affirmed citations against Rain for Rent and later denied reconsideration. Rain for Rent appealed, arguing that the original administrative law judge had not been constitutionally appointed under the Appointments Clause. The Secretary joined the company in asking the D.C. Circuit…
Griffo v. Book Dog Books, LLC, Robert William Holdings, LLC, and Robert William Management, LLC
Griffo v. Book Dog Books, LLC (DOL ARB 2018-0029): ordinary customers are not SOX contractors
Book Dog Books CFO John Griffo alleged that privately held book businesses fired him after he reported financial and inventory inconsistencies. He argued that the companies were covered by Sarbanes-Oxley because they sold books through Amazon and held a line of credit with PNC, both publicly traded…
Berkebile Auto Service, Inc.
Tow-truck crushing-hazard citation affirmed
Berkebile Auto Service operated an automotive garage and towing service in Pennsylvania. A tow-truck driver died after an off-loaded vehicle rolled forward and pinned him against the tow truck. The judge found that the driver was Berkebile's employee and that the company and towing industry…
Matter of Silvestre MENDOZA-HERNANDEZ and Matter of Rufina CAPULA-CORTES
A later hearing notice can trigger the stop-time rule
The Board reviewed the appeals of a husband and wife from Mexico whose Notices to Appear did not specify the time and place of their initial removal hearing. The Immigration Court later mailed hearing notices with that information, and the respondents appeared at the scheduled and later hearings…
Muskegon Development Company
In re Muskegon Development Company (EAB UIC Appeal No. 18-05): Permit remanded for comments and environmental-justice analysis
EPA Region 5 issued a Class II Underground Injection Control permit to Muskegon Development Company to convert an existing oil-production well in Michigan for fresh-water injection that would enhance recovery from nearby wells. Emerson Joseph Addison III challenged the Region's response to…
Hunter v. CSX Transportation, Inc.
Wheel-slip report protected but discharge claim denied
CSX engineer Desmond Hunter reported a sounding wheel-slip alarm and later challenged his discharge as retaliation under the Federal Rail Safety Act. The ALJ found the report protected because it was a good-faith report of a hazardous safety concern that an engineer had to report. CSX's…
Secretary of Labor v. Jones Brothers, Inc.
New judge ordered after Appointments Clause ruling
A Commission judge had ruled that Jones Brothers' operations were subject to the Mine Act, then entered a final order affirming nine citations and orders so the company could appeal the jurisdiction issue. The Sixth Circuit vacated those decisions because the judge had not been constitutionally…
Huang v. Ultimo Software Solutions, Inc.
H-1B judgment-renewal review declined
Dongsheng Huang asked the Board to review an ALJ's denial of a motion to renew a judgment and a later denial of reconsideration in an H-1B case involving Ultimo Software Solutions. The governing regulation required the Board to notify the parties and adjudicative offices within 30 calendar days if…
In re Corrections Corporation of America and United Government Security Officers of America, Local 315
In re Corrections Corporation of America and UGSOA Local 315 (DOL ARB 2016-074 and 2016-075): detention-officer wage variance not proved
UGSOA Local 315 sought to replace collectively bargained wages for detention officers working under a federal immigration-detention contract because it said the rates were substantially below prevailing local wages. The Board held that the Service Contract Act's substantial-variance procedure can…
Secretary of Labor v. Pennsy Supply, Inc.
Five alleged lead-safety violations vacated
MSHA issued Pennsy Supply five citations after a former employee alleged lead exposure while using a torch to remove bolts and washers from a sand screw. The citations alleged failures to report an occupational illness, maintain a safety data sheet, train miners, provide special protective…
Matter of M-S-, Respondent
Attorney General required detention after credible-fear transfer
The Attorney General overruled Matter of X-K- and held that an alien transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. The alien must remain detained until the removal…
Matter of A. VASQUEZ
Kidnapping under 18 U.S.C. § 1201 is not an aggravated felony
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's termination of removal proceedings against a lawful permanent resident from Mexico. DHS argued that his federal kidnapping conviction under 18 U.S.C. § 1201(a) was an aggravated felony under INA section…
Henry Marine Service, Inc.
Tugboat access and flotation citations vacated
Henry Marine operated a tugboat on the Mobile River, where an employee was found dead in the water near the vessel. OSHA cited the company for an unsafe means of boarding and leaving the vessel and for failing to provide a personal flotation device. The judge granted Henry Marine summary judgment…
Michael Deuso v. Shelburne Limestone Corp.
New safety allegation required prior MSHA investigation
Michael Deuso filed a discrimination case nearly 19 months after MSHA told him it could not assist with his age-discrimination and assault allegations. Judge Thomas P. McCarthy excused the late filing because MSHA had not told the self-represented miner about his right to bring his own Commission…
Tampa Electric Company
Ammonia emergency-response items vacated
An anhydrous ammonia release occurred at Tampa Electric Company's Big Bend power plant. OSHA cited the company's emergency response plan and the respiratory protection used by employees who investigated the release. The judge found that the Secretary improperly treated the emergency-response…
Outback Steel Services, LLC
Steel-joist securing and training citations vacated
Outback Steel Services was erecting structural steel for a new convenience store when steel joists fell and injured two plumbers working below. OSHA cited the company for failing to secure landed joists and for failing to provide training through a qualified person. The judge found that the…
Stearns v. Union Pacific Railway Company
No protected activity tied to yardmaster discharge
Union Pacific yardmaster Timothy Stearns was on probation for an earlier rules violation when he argued with and belittled a coworker, then threw a steak knife at a wall while describing what he wanted to do toward that coworker. He admitted the threatening comments and knife-throwing incident, and…
Williams v. D.L.F., Inc.
Employer review petition dismissed after bankruptcy stay ended
D.L.F. notified the Board of a bankruptcy filing and asked it to close the appeal administratively until the automatic stay ended. Public records later indicated that the bankruptcy proceeding may have closed or terminated in September 2016, but neither side provided further information. In…
Barr v. CTL Transportation, LLC, Comcar Industries, Inc., and HireRight Solutions, Inc.
Barr v. CTL Transportation, LLC (DOL ARB 2018-0034): procedural interlocutory appeal dismissed
Alfred Barr sought immediate Board review of procedural orders entered during his Surface Transportation Assistance Act case. While that request was pending, the ALJ dismissed the underlying complaint on the merits. Barr did not timely appeal that final decision, so it became the Secretary of…
Apollo Auto Sales & Service, Inc.
Late contests denied
OSHA issued Apollo Auto citations with $6,652 in proposed penalties and later issued a $25,868 failure-to-abate notification. Apollo Auto missed both 15-working-day contest deadlines and filed its contest months after receiving the original citation. The judge found no deception by OSHA, excusable…
Wynnewood Refining Co., LLC
Twelve refinery process-safety violations affirmed
A boiler exploded during a refinery turnaround at Wynnewood's Oklahoma facility, killing two employees. The Commission held that OSHA's process safety management standard applied because the boiler was interconnected with covered refinery processes and was located where a release could involve…
Secretary of Labor v. James C. Scott and Donnie B. Thomas, employed by Mill Branch Coal Corp.
Secretary of Labor v. James C. Scott and Donnie B. Thomas (FMSHRC VA 2018-103): Secretary ordered to explain 36-month delay
MSHA sought individual penalties against James Scott and Donnie Thomas for allegedly knowingly failing to report a mine inundation within 15 minutes. The penalty notices were issued about 36 months after the underlying order and 20 months after the operator's liability had been settled. Judge…
Quick Transport of Arkansas, LLC
Vacuum-truck explosion citation vacated
Quick Transport drivers used a propane torch to thaw frozen valves on vacuum-truck trailers used to haul produced water from oil and gas operations. An explosion occurred while a driver was preparing a trailer, and the driver died. The Commission majority found that the Secretary did not provide…
Knight Hawk Coal, LLC v. Secretary of Labor
Evidence limits denied in ventilation-plan case
Knight Hawk contested MSHA's revocation of its ventilation plan for perimeter mining at the Prairie Eagle Underground Mine. Before hearing, the Secretary sought to exclude evidence about other mines, information not presented to the district manager during negotiations, and testimony from a former…
Budri v. FirstFleet, Inc.
STAA complaint dismissed as late, later vacated
Adriano Budri alleged that FirstFleet retaliated for safety concerns by reporting an accident and his termination to a consumer reporting agency used by trucking companies. He filed his Surface Transportation Assistance Act complaint 225 days after learning about the report, beyond the 180-day…
Brooks v. Agate Resources, LLC
SOX complaint dismissed as untimely
Michael Brooks alleged that Agate Resources discharged him for protected activity and later threatened him and his son. His employment ended on September 27, 2013, but he did not file the Department of Labor complaint until April 4, 2016. The ALJ granted summary decision to the company, finding the…
Hensel Phelps Construction Co.
Controlling-employer trench citation affirmed on remand
This supplemental decision followed a Fifth Circuit ruling that OSHA may cite controlling employers at multi-employer worksites for standards violations. Applying that ruling and the judge's earlier findings, the trench-protection citation against Hensel Phelps was affirmed. The item was…
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.