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 v. Nally & Hamilton Enterprises
Seat-belt violation was S&S but warranted a $200 penalty
A rock truck overturned at Nally & Hamilton Enterprises' Chestnut Flats Mine while its driver was not wearing a seat belt. The driver suffered a lower-back injury and missed work. The Commission had already held that the operator violated the seat-belt standard and remanded for a…
Secretary of Labor v. Cypress Pointe Incorporated
Flood-damaged berm could be rebuilt without violating standard
MSHA cited Cypress Pointe Incorporated after flooding left about 100 feet of roadway without a berm at its Milam Rock Pit. The mine was closed, and its superintendent was using a front-end loader to drain water, fill washed-out areas, and rebuild the berm. Judge Priscilla M. Rae held that the berm…
Secretary of Labor v. Consolidation Coal Company
Thirty citations settled for $48,000
MSHA and Consolidation Coal Company settled 30 citations involving conditions at the Robinson Run No. 95 Mine. The settlement vacated Citation 8058726 and modified the negligence, gravity, injury, or affected-person findings for several other citations. The cited conditions included combustible…
Signal Peak Energy, LLC v. Secretary of Labor
MSHA could require dual-entry ventilation plan
Signal Peak Energy proposed changing the Bull Mountains Mine No. 1 from a dual-entry tailgate return to a single-entry return. The company argued that its proposal would reduce oxygen entering the gob and lessen spontaneous-combustion, roof, and material-handling risks. MSHA rejected the change…
Secretary of Labor v. Original Sixteen to One Mine, Inc.
Eleven violations upheld and nine dismissed
Original Sixteen to One Mine, Inc., an underground gold operator, challenged 22 citations involving its Sixteen to One and Plumbago mines across seven dockets. Judge William B. Moran held that Plumbago was a mine under the Mine Act and rejected the operator's claim that the proposed penalties would…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Uncertain sample location defeated rock-dust citation
MSHA cited Consol Pennsylvania Coal after a sample from the Harvey Mine contained less incombustible material than the rock-dust standard required. The standard did not require rock dusting within 40 feet of the working face, so the sample's location determined whether a violation existed. The…
Secretary of Labor v. Carter Roag Coal Company
Timely contest made reopening unnecessary
Carter Roag Coal Company asked the Commission to reopen a proposed penalty assessment that appeared to have become final. The Secretary reported that Carter Roag had timely contested the assessment and that an active penalty case already covered it. The Commission held that the assessment never…
Essroc Cement Corp. v. Secretary of Labor
Late imminent-danger contest accepted
Essroc Cement received an imminent-danger withdrawal order but missed the 30-day deadline to seek Commission review. Its safety manager mistakenly expected the order to appear in a later proposed penalty assessment and did not understand that an imminent-danger order carries no assessment that…
Secretary of Labor v. The Silver Queen Mine LLC
Reopening denied after one-year limit
The Silver Queen Mine asked to reopen a penalty assessment more than one year after it became a final Commission order. The operator attributed the missed contest to limited MSHA experience, the cost of professional help, and a misunderstanding about how repeated violations affect later penalties…
Secretary of Labor v. Marigold Mining Company
Lost mailed contest supported reopening
Marigold Mining Company asked the Commission to reopen a penalty assessment after its notice contesting three citations did not reach MSHA's contest office. The operator had mailed payment for a fourth citation and included an assessment form showing the other contests, but it did not use certified…
Secretary of Labor v. Jesse Creek Mining, LLC
Misrouted assessment reopened over dissent
Jesse Creek Mining missed its penalty-contest deadline after reassignment of its safety director caused the assessment to reach the wrong employee and led to an erroneous partial payment. The operator said its lawyer's effort to investigate the assessment's delivery also delayed the reopening…
Jones Brothers, Inc. v. Secretary of Labor and Secretary of Labor v. Jones Brothers, Inc.
Jones Brothers, Inc. v. Secretary of Labor (FMSHRC SE 2016-246, et al.): Nine citations affirmed for jurisdiction appeal
Jones Brothers challenged MSHA's jurisdiction over its highway-project operation, arguing that the site was a borrow pit rather than a mine. Judge Margaret A. Miller had rejected that argument in an earlier order. The parties then agreed that Jones Brothers would not otherwise contest the nine…
Secretary of Labor v. Rising Sun Development LLC
Reliance on mine operator supported reopening
Rising Sun Development, a contractor for Pine Branch Mining, missed the deadline to contest an MSHA penalty assessment. Rising Sun said it was unfamiliar with mine penalty procedures and gave the assessment to Pine Branch after being assured that the mine operator would contest it, but no contest…
Secretary of Labor v. Redhawk Mining LLC
Prompt response supported reopening
Redhawk Mining asked the Commission to reopen a penalty assessment that became final after no timely contest was filed. The mine's authorized representative said he never received the assessment and first learned it was delinquent from MSHA's notice. MSHA's records showed that someone signed for…
Secretary of Labor v. Zeotech Corporation
Second accident assessment reopened
Zeotech Corporation received two separate proposed penalty assessments arising from one accident investigation. It timely contested one assessment but did not realize that the second assessment covered different citations until MSHA sent a delinquency notice. Zeotech then asked the Commission to…
Warrior Coal, LLC v. Secretary of Labor and Secretary of Labor v. Warrior Coal, LLC
Warrior Coal, LLC v. Secretary of Labor (FMSHRC KENT 2011-1084-R, et al.): Roof and rib violations yielded $129,250 penalty
MSHA cited Warrior Coal after inspectors found an excessively wide entry and extensive unstable roof and rib conditions in the Cardinal underground coal mine's No. 2 unit. The case covered a roof-control-plan violation, an imminent-danger order involving roof bolters beside an overhanging rock rib…
Matter of Rogelio FLORES-ABARCA
Transporting a loaded firearm is a firearms offense
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied cancellation of removal based on his conviction for transporting a loaded firearm under Oklahoma law. The Board held that the firearms ground of deportability is broad enough to cover transporting a firearm because…
JX Nippon Chemical Texas Inc.
In re JX Nippon Chemical Texas Inc. (EAB TSCA Appeal No. 17-01Q): $350,000 penalty paid and matter resolved
EPA alleged that JX Nippon Chemical Texas Inc. violated the Toxic Substances Control Act's chemical data reporting regulations. EPA's complaint sought a $350,000 penalty. JX Nippon paid the full amount by cashier's check, which waived its right to contest the allegations and appeal the Final Order…
Secretary of Labor v. Armstrong Coal Company, Inc.
Stay continued with deadline for liability decision
MSHA sought an $8,893 penalty against Armstrong Coal for allegedly allowing repairs beneath raised dragline equipment that was not securely blocked at the Midway Mine. The penalty case had been stayed while the Secretary considered personal liability under Mine Act section 110(c). Two years after…
Secretary of Labor v. ARJ Construction Company, Inc.
Default entered after repeated nonresponse
ARJ Construction contested one $154 citation at the Taylor No. 1 Mine. Its counsel did not respond to the Secretary's simplified-proceeding disclosures, missed two scheduled conference calls, and failed to contact opposing counsel after saying the company would pay the penalty. Judge Priscilla M…
Secretary of Labor v. Consolidation Coal Company
Hearing limited to narrow flagrant analysis
The Secretary designated an accumulation order at Consolidation Coal's Blacksville No. 2 Mine as a repeated flagrant violation and also alleged an inadequate preshift examination. Judge Jerold Feldman had severed three alleged predicate cases so the hearing could focus on whether the cited…
Bing Materials v. Secretary of Labor and Secretary of Labor v. Bing Materials
Bing Materials v. Secretary of Labor (FMSHRC WEST 2017-68, et al.): Forty-two interrogatories exceeded presumptive limit
Bing Materials contested four enforcement actions involving alleged crane defects, missing task training, intoxicating beverages near the mine office, and missing new-miner training. In discovery, Bing served 42 interrogatories and moved to compel answers to all of them. Judge William B. Moran…
Secretary of Labor v. Red River Coal Company, Inc.
Unwarrantable designations removed from five orders
The consolidated cases involved coal-dust accumulations, an on-shift examination, an unsafe elevated walkway, accident reporting, alteration of an accident scene, and three settled conditions at Red River Coal's No. 1 Prep Plant. Judge Jerold Feldman affirmed the accident-reporting order, the…
Secretary of Labor v. Portable, Inc.
Fee dispute dismissed after settlement
Portable prevailed in the underlying penalty case when a Commission judge vacated the citation against it. Portable then sought fees under the Equal Access to Justice Act, and the judge awarded the requested $62,217.82 after finding that the Secretary's position was not substantially justified. The…
Samsson Construction, Incorporated
Scaffold violations affirmed with $30,000 in penalties
Samsson Construction was the general contractor for a Florida retail construction project where employees used an incompletely planked scaffold without required guardrails and climbed the scaffold frame for access. A stucco-crew supervisor knew the planking and guardrail setup did not comply with…
Vickie R. Arline v. Arcilla Mining & Land, LLC
Discrimination complaint dismissed for failure to state a claim
A truck driver at the Sheppard Mine was injured in June 2014 when another truck struck her vehicle, and she was laid off later that year after declining to return to full duty. She filed a Mine Act discrimination complaint arguing she was let go because she had hired an attorney to pursue her…
Accurate Elevator Fire Door Corp.
Citations affirmed after contest dismissed by default
OSHA cited Accurate Elevator Fire Door after an elevator technician was struck by falling brick while working below façade work and later died. The citation alleged inadequate hazard instruction and failure to protect employees from falling objects. After contesting, Accurate repeatedly failed to…
Secretary of Labor v. Sims Crane, Inc.
Amicus participation limited to compliant applicants
Numerous crane-industry companies and organizations sought to support Sims Crane during Commission review. Twenty-four filed notices but never submitted the required motions, so the Commission denied them amicus status. Twelve applicants filed compliant motions and short briefs, and the Commission…
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation and Chestnut Land Holdings, LLC
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation (FMSHRC VA 2017-69 D): Temporary reinstatement did not require higher pay
Aaron Anderson was temporarily reinstated after his discharge from A&G Coal's Strip No. 12 Mine. After that mine was idled, some employees transferred to the Bishop mine at a higher pay rate, while Anderson was placed in a similar rock-truck job at an A&G reclamation site with his former $16.50…
Secretary of Labor v. Buckley Powder Company
Backup alarm violation upheld but S&S finding vacated
Buckley Powder Company was a blasting contractor at the North Troy Quarry, a surface mine in Oklahoma. An MSHA inspector asked a driver to put a dewatering truck in reverse, the backup alarm did not sound, and the inspector issued a citation designating the violation significant and substantial…
Secretary of Labor obo Aaron Lee Anderson v. A&G Coal Corporation and Chestnut Land Holdings, LLC
Secretary of Labor obo Aaron Lee Anderson v. A&G Coal Corporation (FMSHRC VA 2017-69-D): Layoff did not toll a miner's temporary reinstatement
A haul truck driver at a Virginia surface coal mine complained over the CB radio that dust was blocking his visibility, then collided with another truck he said he could not see. The company fired him three days later, and he filed a discrimination complaint. An ALJ ordered him temporarily…
Employment 2000 Corp.
Late contest dismissed and settlement left unapproved
OSHA mailed Employment 2000 a five-item serious citation with proposed penalties totaling $25,200, and a sales manager signed for it. The company filed its notice of contest months after the statutory deadline and did not show excusable neglect despite receiving another opportunity after a…
Secretary of Labor v. Rockwell Mining, LLC
Settlement approved with a note on look-alike penalty cuts
MSHA cited Rockwell Mining nine times at the Gateway Eagle Mine, an underground coal mine, and originally assessed $4,611 in penalties. The parties proposed settling for $3,704, with several citations modified. Two ventilation-plan citations and two trailing-cable citations were reduced from…
Best Touch Tub & Tile, LLC
Citation affirmed after repeated failure to answer
OSHA issued Best Touch Tub & Tile a citation alleging serious violations with proposed penalties totaling $25,200. After contesting, the company did not answer the Secretary's complaint. The judge sent three orders to show cause, including notices to updated counsel and directly to the company's…
Bayer CropScience, LP
In re Bayer CropScience, LP (EAB FIFRA Appeal No. 17-01C): Consent Agreement ratified
Bayer CropScience, LP resolved an EPA enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the respondent to comply with all terms of the Consent Agreement…
Sanderson Farms, Inc.
Poultry-line guarding citation vacated
Sanderson Farms operated poultry-processing cone lines with a small gap between a splashguard and a moving conveyor. An employee reached for trapped chicken material and suffered an amputated finger when her hand became caught. OSHA amended its citation to allege a machine-guarding violation under…
Secretary of Labor v. ARJ Construction Company, Inc.
Default entered on $32,100 in penalties after a year of nonresponse
MSHA sought $32,100 in penalties from ARJ Construction Company over two alleged violations at the Taylor # 1 mine. The company answered the petition, but then let the case sit. Its counsel did not complete settlement discussions with the Solicitor over roughly nine months, missed a December 6…
Jones Brothers, Inc. v. Secretary of Labor and Secretary of Labor v. Jones Brothers, Inc.
Jones Brothers, Inc. v. Secretary of Labor (FMSHRC SE 2016-218, et al.): Road-fill rock pit was a mine, not an exempt borrow pit
A highway contractor opened a rock pit beside a Tennessee road project to supply its own fill material, and MSHA inspected the pit and issued nine citations and orders. Jones Brothers moved for summary decision, arguing the pit was a "borrow pit" that falls under OSHA rather than MSHA under the…
Secretary of Labor v. Essroc Cement Corp.
Substantial response and continued talks excused default
Essroc failed to file its answer with the Commission, and an unanswered show-cause order became a final default. The company had sent MSHA a detailed position statement and continued settlement communications with both the conference representative and the Solicitor's Office, leading it to believe…
Secretary of Labor v. Willits Company, Inc.
Ongoing negotiations justified reopening default
Willits Company did not timely answer the Secretary's penalty petition, and an unanswered show-cause order became a final default order. Willits said it did not understand how the case had closed because it had been negotiating the penalty with the Solicitor's Office. The Secretary confirmed that…
Jim Walter Resources, Inc. v. Secretary of Labor and Secretary of Labor v. Jim Walter Resources, Inc.
Jim Walter Resources, Inc. v. Secretary of Labor (FMSHRC SE 2007-203 R, SE 2007-294): Fatal roof-control violation carried $35,500 penalty
A miner repairing a ventilation stopping at Jim Walter Resources' No. 7 Mine was killed when a large rock fell from the roof. A prior judge vacated the roof-control citation, but the Commission reversed and remanded for an S&S determination and penalty. Judge Jacqueline R. Bulluck rejected requests…
Secretary of Labor v. South Central Coal Indiana, LLC
Default vacated where filings never reached the operator's attorney
South Central Coal Indiana did not answer a penalty petition, so the Chief ALJ issued a show cause order that became a default order when no answer arrived within 30 days. The company asked the Commission to reopen, explaining that it had hired an outside attorney for MSHA matters and that an…
Matter of Kwan Ho KIM
California mayhem is a crime of violence
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a South Korean lawful permanent resident convicted in California of mayhem. The Board held that the offense necessarily involves violent force because it requires a malicious act resulting in great…
Secretary of Labor on behalf of Steve Glosson v. Lopke Quarries, Inc.
Loader records compelled without delaying hearing
The Secretary sought discovery in Steve Glosson's discrimination case against Lopke Quarries, including service records for loaders Glosson had operated. Lopke missed extended deadlines, produced incomplete interrogatory answers, and sent unlabeled documents that did not appear to include the…
Hunter Sand & Gravel, LLC v. Secretary of Labor and Secretary of Labor v. Hunter Sand & Gravel, LLC
Hunter Sand & Gravel, LLC v. Secretary of Labor (FMSHRC KENT 2014-391 RM, et al.): Dredge safety violations yielded $50,530 penalty
A Hunter Sand & Gravel dredge hand disappeared while taking a draft reading from a snow-covered barge on the Ohio River and was presumed to have fallen into the water and drowned. Judge David F. Barbour vacated the snow-removal citation because the Secretary did not prove that sanding, salting, or…
Secretary of Labor v. Ash Grove Cement Company
Contractor training citations vacated
MSHA cited Ash Grove Cement twice for alleged failures to ensure that independent-contractor employees received 24 hours of new-miner training at its Foreman Quarry and Plant. Judge Priscilla M. Rae held that three hazmat workers cleaning spilled hydraulic oil were not miners because they performed…
BML Construction
Contest dismissed after company abandoned case
OSHA cited BML Construction for two serious violations at a Missouri construction site and proposed penalties totaling $4,320. After filing a notice of contest, BML did not communicate with the Secretary, attend the pretrial conference, respond to a sanctions motion, or answer the judge's order to…
Gene Estella v. Newmont USA Limited
Review denied until remedies were decided
A Commission judge found that Newmont USA discriminated against miner Gene Estella and directed the parties to address the remedies still due. Newmont filed a protective petition asking the Commission to review the discrimination finding before the monetary relief was determined. The Commission…
Brower Dental Health, P.C.
Exposure-control-plan violation affirmed with reduced penalty
Brower Dental Health operated dental offices where employees encountered blood and other potentially infectious material in their daily work. During OSHA's inspection, employees could not locate or identify the required written exposure control plan, and the owner did not produce one until about…
Manuel P. Ruiz v. Pinto Valley Mining Corporation
Crane-safety refusal was protected activity
Manuel Ruiz told Pinto Valley that he did not have enough practical experience to operate cranes safely after more than two years without using the equipment. Management initially accepted the concern, arranged refresher training, and later agreed that he needed supervised seat time, but the mine…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC and Matthew Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Daniel B. Lowe and Matthew Varady v. Veris Gold USA, Inc. (FMSHRC WEST 2014-614-DM, WEST 2014-307-DM): Bankruptcy and successor issues set for briefing
Daniel Lowe and Matthew Varady had established discrimination claims against Veris Gold before the company entered bankruptcy and sold the Jerritt Canyon Mill assets. They sought remedies from purchaser Jerritt Canyon Gold and proposed successor WBox, while the bankruptcy court ordered them to stop…
Perdue Foods, Inc.
Partial settlement order remanded for unresolved item
Perdue Foods and the Secretary submitted a settlement agreement that expressly excluded Citation 1, Item 2 because Perdue intended to continue contesting it. The judge nevertheless approved the settlement and the order was docketed, even though the agreement did not resolve the entire case. Within…
Secretary of Labor v. The American Coal Company
Unwarrantable findings restored for belt hazards
Three orders at American Coal's Galatia Mine involved energized electrical work, extensive combustible accumulations along a belt, and failure to record hazardous conditions during on-shift examinations. The Commission affirmed the judge's treatment of the electrical violation as S&S and highly…
Kenneth L. Wolff v. Bridger Coal Company
Nearly four-year delay barred discrimination claim
Kenneth Wolff alleged that Bridger Coal placed him on crisis suspension after he discussed and criticized the company's handling of safety concerns, leading him to resign in 2012. He did not file with MSHA until April 2016, even though an inspector had encouraged him to file shortly after the…
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation and Chestnut Land Holdings, LLC
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation (FMSHRC VA 2017-69 D): Dust complaints supported temporary reinstatement
Aaron Anderson alleged that A&G Coal discharged him three days after he repeatedly complained that heavy dust was making it unsafe to see and operate his haul truck at the Strip No. 12 Mine. He also had raised concerns about berm height and a broken truck handrail. Judge Kenneth R. Andrews found…
Secretary of Labor v. Pocahontas Coal Company, LLC
Mine shutdown disruption supported reopening
Pocahontas Coal missed the deadline to contest a proposed penalty after the Josephine No. 2 Mine had shut down and personnel and duties were reassigned. The operator said those changes prevented the assessment from being properly processed and sent to counsel. The Secretary did not oppose reopening…
Secretary of Labor v. Alcoa World Alumina, LLC
Negligence reduced and unwarrantable findings deleted
A Turner Industries contractor supervisor was seriously burned by heated caustic process liquor while a crew cleared a blocked pipe at Alcoa's Bayer Alumina Plant. Alcoa conceded three violations and their significant and substantial designations but disputed the high-negligence and…
Secretary of Labor v. North American Quarry and Construction Services, LLC, et al. and Secretary of Labor v. Marty Harrington formerly employed by North American Quarry and Construction Services, LLC
Secretary of Labor v. North American Quarry and Construction Services, LLC, et al. (FMSHRC YORK 2013-212-M, YORK 2015-134-M): Parent company added under unitary-operator theory
MSHA issued four alleged flagrant violations to North American Quarry and Construction Services after investigating a fatal accident at the Mt. Marion Pit and Mill, and it separately sought individual liability against foreman Marty Harrington. Before the hearing, the Secretary moved to add parent…
Matter of Yovany CALCANO DE MILLAN
Rehabilitative relief did not erase a qualifying conviction
The Board reviewed a petitioner's appeal from the denial of a visa petition filed for a spouse. The petitioner had a California sexual-battery conviction involving a minor, but later obtained rehabilitative relief that set the conviction aside under state law. The Board held that the federal…
Secretary of Labor v. Gabel Stone Company
Both violations upheld, penalties cut from $212 to $45
Gabel Stone operates a small family-owned limestone quarry in Missouri. MSHA cited owner Gary Gabel for not completing and documenting eight hours of annual refresher training, and it separately cited a flywheel guard that ended eight inches below the required height. Judge William B. Moran upheld…
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.