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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Newmont USA, Limited v. Secretary of Labor
Unventilated-heading barricade penalty set at $20,000
Newmont failed to install adequate barricades and warning signs at unventilated headings in its Midas Mine after shutting down auxiliary fans and tying off ventilation bags. The Commission had affirmed the violation, reversed the ALJ's S&S finding, and returned the unwarrantable-failure and penalty…
Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold U.S.A., Inc.
Self-filed temporary reinstatement request denied
Jennifer Morreale and Veris Gold had settled her Mine Act discrimination case, but Veris did not make the required payments before its mine assets were sold in bankruptcy. After the Commission reopened the case to consider possible successor liability, Morreale personally requested temporary…
Citgo Petroleum Corporation
Refinery lockout procedure citation affirmed
Citgo employees isolated a refinery pump for contractor maintenance, but an obstructed valve remained partly open and hydrocarbons escaped before a fire caused extensive property damage. OSHA cited Citgo because its written lockout/tagout procedures did not specify how employees should test and…
United Mine Workers of America on behalf of Mark A. Franks and Ronald Hoy v. Emerald Coal Resources, LP
Coercive questioning interfered with safety complaints
Mark Franks and Ronald Hoy complained to a union safety representative that firebosses were not performing adequate belt examinations at Emerald Mine No. 1. Emerald repeatedly questioned the miners in management meetings and suspended them when they refused to identify the firebosses or surrender…
Secretary of Labor v. Northshore Mining Company
Fifty-eight citations resolved for $33,764
Three Northshore Mining dockets involved 58 citations at an aboveground iron-ore processing and taconite-pellet facility in Minnesota. Judge Thomas P. McCarthy approved settlement of 54 citations for $30,261. Of the four litigated citations, he vacated a fall-protection allegation and affirmed…
Hunter Sand & Gravel, LLC v. Secretary of Labor
Late Coast Guard accident report excluded
A Hunter Sand & Gravel employee disappeared while transferring from a dredge to an adjacent barge on the Ohio River and was later declared dead. MSHA issued citations and orders concerning snow and ice, task training, flotation equipment, fall protection, and workplace examinations. After the…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Discovery allowed on additional successor entities
Daniel Lowe sought to add several Whitebox and Sprott entities and individuals as successors liable for discrimination committed by Veris Gold. Judge William B. Moran had already added Jerritt Canyon Gold, the purchaser and new mine operator, but found the existing assertions insufficient to decide…
Secretary of Labor v. Barrick Turquoise Ridge, Inc.
Contest omitted through office misunderstanding reopened
Barrick's safety staff expected its accounting office to send a contest form together with payment for the citations the company accepted. Accounting followed its normal practice of sending only the $5,309 payment, so no contest reached MSHA by the deadline. The Commission explained that partial…
Secretary of Labor v. FLSmidth, Inc.
Paid contest sent to payment office reopened
FLSmidth sent payment for uncontested citations and its notice contesting other citations to MSHA's St. Louis payment office. After a delinquency notice exposed the mistake, the company paid the remaining balance to avoid delinquent status while preserving its desire to contest. The Secretary…
Secretary of Labor v. Pinto Valley Mining Corporation
Lost internal mail assessment reopened with warning
A proposed assessment was lost between Pinto Valley's mail run and administration-building mail room, so it never reached the safety coordinator. The citations were part of a 60-citation inspection whose other matters were mostly grouped under a different case number. Pinto Valley also waited more…
Jonathan Bethel Woodward v. Carmeuse Lime and Stone
MSHA ordered to submit withheld interviews for private review
After MSHA declined to litigate Jonathan Woodward's discrimination complaint, he brought his own section 105(c)(3) case against Carmeuse Lime and Stone. Carmeuse sought MSHA's investigative file, but the agency withheld two interview statements under internal subpoena rules, the Privacy Act, and…
Secretary of Labor v. United States Steel Corporation
Two contests mailed to payment center reopened
U.S. Steel timely prepared contests for two proposed penalty assessments but sent them to MSHA's St. Louis Payment Center instead of the Civil Penalty Compliance Office in Arlington. Both assessments became final, and MSHA later sent delinquency notices. U.S. Steel retrained the responsible…
Secretary of Labor v. Lee Mechanical Contractors
Two contests sent to wrong MSHA office reopened
Lee Mechanical Contractors timely prepared contests for two proposed penalty assessments but mailed both to MSHA's St. Louis payment center instead of the Civil Penalty Compliance Office in Arlington. The company discovered the first error after receiving a delinquency notice and found the second…
Secretary of Labor v. The Silver Queen Mine, LLC
Sixteen citations resolved with $4,960 total penalty
MSHA issued sixteen citations during inspections of the small Silver Queen underground silver mine. Judge Richard W. Manning rejected the operator's argument that the Mine Act capped the number of inspections at the statutory minimum, explaining that section 103(a) requires at least four annual…
Secretary of Labor v. Oak Grove Resources, LLC
$50,000 penalty assessed after safeguard remand
Oak Grove pushed a 24-ton shearer carrier along a main haulage road despite a safeguard requiring cars to be pulled. During the move, the carrier derailed and a miner was fatally crushed between locomotives and the carrier. The Commission had upheld the safeguard violation but reversed the judge's…
Secretary of Labor v. Eastern Associated Coal, LLC
Unexplained processing error excused and assessment reopened
Eastern Associated Coal missed the 30-day deadline to contest a proposed penalty assessment, attributing the failure to an undetermined clerical, mailing, or internal processing error. The Secretary did not oppose reopening but cautioned that the operator's office procedures were inadequate. Guided…
Secretary of Labor v. Eastern Associated Coal, LLC
Clerical or mailing error supported reopening
Eastern Associated Coal failed to contest a proposed penalty assessment within 30 days and said an undetermined clerical or mailing error caused the default. The Secretary did not oppose reopening but described the operator's office procedures as inadequate or sloppy and urged greater care. Guided…
Secretary of Labor v. Stone Plus, Inc.
Thirteen unwarrantable failures sustained with $28,000 penalty
MSHA cited Stone Plus for thirteen conditions at its small quarry, including missing berms and guards, defective loader brakes and seat belt, inadequate overtravel protection, and failure to conduct workplace and equipment examinations. Judge L. Zane Gill rejected the operator's jurisdictional…
Secretary of Labor v. Warrior Investments Co., Inc.
Missing refuge-chamber beacon readers were S&S
Warrior Investments failed on two occasions to install an inline beacon reader where a refuge-chamber lifeline met the primary escapeway lifeline, as its approved emergency response plan required. Judge David F. Barbour evaluated the violations by assuming the mine emergency the tracking system was…
Gina Hacking v. Staker & Parson Companies
Discrimination complaint dismissed after 31-month delay
Gina Hacking filed her Mine Act discrimination complaint with MSHA more than two years and nine months after Staker & Parson terminated her employment. Judge David P. Simonton held that the 60-day filing period is not jurisdictional and may be extended for justifiable circumstances, but Hacking's…
Secretary of Labor v. Amfire Mining Co., LLC
SCSR and roof-control citations affirmed
MSHA cited Amfire after finding three self-contained self-rescuers on a mantrip with pressure readings below the manufacturer's acceptable range and an area where the approved roof-control plan required rib bolts that were absent. Judge John Kent Lewis held that the low-pressure SCSRs were not…
Scott D. McGlothlin v. Dominion Coal Corporation
Agreed attorney-fee settlement approved
After Scott McGlothlin prevailed on his discrimination complaint, the parties agreed on relief that included a stipulated amount of attorney fees. The judge approved the back-pay terms but rejected the agreed fee amount and awarded about 35 percent less. The Commission held that judges may review…
Conrad Yelvington Distributors, Inc.
Rail-yard general duty citation affirmed
Conrad Yelvington Distributors operated an aggregate train through a commuter-rail construction site where a derail device had been placed on the track. The train struck the device and overturned, fatally injuring the conductor. OSHA cited the company under the general duty clause for failing to…
Matter of Nejat Ibrahim RUZKU, Beneficiary of a visa petition filed by Abdalla Ibrahim Ruzku
Matter of Nejat Ibrahim RUZKU (BIA ID 3860): sibling DNA evidence must be considered
The Board reviewed the denial of a visa petition seeking preference status for the beneficiary as the petitioner's sister. The petitioner submitted delayed birth certificates, a family photograph, an affidavit, and direct sibling-to-sibling DNA testing showing a 99.8114 percent probability of a…
Great Enterprise Company Limited, Eastern Mediterranean Maritime Limited, and Phoenix Bulk Carriers (US) LLC
In re Great Enterprise Company Limited, Eastern Mediterranean Maritime Limited, and Phoenix Bulk Carriers (EAB APPS Appeal No. 16-03C): consent agreement ratified
Great Enterprise Company Limited, Eastern Mediterranean Maritime Limited, and Phoenix Bulk Carriers (US) LLC entered a Consent Agreement with EPA. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The…
Deseret Power Electric Cooperative Bonanza Power Plant
In re Deseret Power Electric Cooperative Bonanza Power Plant (EAB CAA Appeal Nos. 15-01 and 15-02): petitions dismissed after settlement
WildEarth Guardians and the Sierra Club petitioned the Environmental Appeals Board for review of the Title V permit for Deseret Power Electric Cooperative's Bonanza Power Plant. On March 23, 2016, both petitioners moved to dismiss their petitions with prejudice. They stated that the parties had…
Croce Builders Inc.
Contest dismissed after repeated failure to answer
OSHA issued Croce Builders five serious citation items and one other-than-serious item, proposing $32,800 in total penalties. The company filed a timely contest but did not answer the Secretary's complaint. The judge issued two show-cause orders, and court staff also warned the owner by telephone…
Secretary of Labor v. Consol Pennsylvania Coal Company LLC
Hoist violations and settlement resolved for $10,500
A newly commissioned slope hoist struck its sheave wheel after its automatic stopping systems failed, and Consol did not promptly report the accident or record required daily hoist examinations. Judge John Kent Lewis affirmed a high-negligence reporting citation, a low-negligence automatic-stop…
Tricon International Ltd., d/b/a as Tricon Energy Limited and Tricon Dry Chemicals, LLC
In re Tricon International Ltd., d/b/a as Tricon Energy Limited and Tricon Dry Chemicals, LLC (EAB TSCA Appeal No. 16-02C): consent agreement ratified
Tricon International Ltd., doing business as Tricon Energy Limited, and Tricon Dry Chemicals, LLC entered a Consent Agreement with EPA. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was…
Clintwood Elkhorn Mining Company, Inc. v. Secretary of Labor
Runaway-truck citation reduced to section 104(a)
A contract haul-truck driver lost control on Clintwood's steep haul road after the truck ran out of fuel, crossed the preparation plant access road, and overturned near a 30-foot drop. The Commission had already held that Clintwood violated the full-control standard and remanded for gravity…
Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Discovery authorized on proposed successors
After proving discrimination by Veris Gold, Matthew Varady sought to add Whitebox-related entities and individuals as successors alongside Jerritt Canyon Gold. Judge William B. Moran held that the Commission had jurisdiction to determine successor status, but that Varady's allegations and the…
Secretary of Labor v. North American Quarry and Construction Services, LLC
Parent-company discovery compelled
The Secretary sought documents, an interrogatory answer, and a corporate deposition concerning whether North American Quarry and its parent, Austin Powder, should be treated as a unitary operator. Judge Alan G. Paez held that the requested information addressed interrelated operations, common…
Polo Development, Inc., AIM Georgia, LLC, and Joseph Zdrilich
In re Polo Development, Inc., AIM Georgia, LLC, and Joseph Zdrilich (EAB CWA Appeal No. 16-01): Untimely appeal dismissed
An EPA administrative law judge found Polo Development, Inc., AIM Georgia, LLC, and Joseph Zdrilich liable for discharging dredged or fill material into navigable waters without compliance with the Clean Water Act and assessed a $32,550 penalty. The respondents sought permission to appeal after the…
David Dzenutis d/b/a Royal Construction Company
Roofing and ladder violations affirmed
Royal Construction employees performed roofing work without a compliant hazard communication program, a nearby fire extinguisher, or adequate fall protection. OSHA also cited unsafe roof access, insufficient ladder extension, carrying a load while descending, and failure to keep one hand on the…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Asset purchaser added for successor inquiry
Daniel Lowe had already proven that Veris Gold discriminated against him when he asked to add Jerritt Canyon Gold, the purchaser of Veris's mine assets, as a potential successor. Jerritt Canyon argued that the bankruptcy automatic stay, free-and-clear sale order, claim preclusion, and bankruptcy…
Rosebud Mining Co. v. Secretary of Labor
Single seal counted as a set requiring drainage
Rosebud proposed sealing an interconnected mine area with three seals at one location and a fourth seal 2,600 feet away and 123 feet lower, but planned a water drain only at the fourth seal. Judge Janet G. Harner held that the phrase "set of seals" in the drainage rule can include a single seal…
Matter of Jesus Ricardo VILLALOBOS
Legalization adjustment requires current admissibility
The Board reviewed a Mexican respondent's removal order based on controlled-substance convictions discovered after he adjusted from temporary to permanent resident status through the legalization program. The Board held that Immigration Judges and the Board may determine whether the prior…
Premuda Spa, International Maritime Organization
In re Premuda Spa, International Maritime Organization (EAB APPS Appeal No. 16-02C): consent agreement ratified
Premuda Spa entered a Consent Agreement with EPA in an Act to Prevent Pollution from Ships penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was ordered to comply with every term…
Green Spanker Shipping S.A., International Maritime Organization and Philsynergy Maritime Inc.
In re Green Spanker Shipping S.A., International Maritime Organization and Philsynergy Maritime Inc. (EAB APPS Appeal No. 16-01C): consent agreement ratified
Green Spanker Shipping S.A. and Philsynergy Maritime Inc. entered a Consent Agreement with EPA in an Act to Prevent Pollution from Ships penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The…
Secretary of Labor v. Pinnacle Mining Company, LLC
Vacation mail error supported reopening
Pinnacle's safety manager was on Christmas vacation when another employee signed for a proposed assessment but failed to deliver it to him. Pinnacle also said it had no record of receiving MSHA's later delinquency notice and moved to reopen after counsel discovered the default. The Commission…
Austin Powder Company v. Secretary of Labor
Parent and subsidiaries held a unitary operator
Austin Powder argued that its regional limited-liability subsidiaries alone should answer for mine-site violations. Judge Kenneth R. Andrews applied the Commission's four-factor unitary-operator test and found interrelated operations, common management, centralized health-and-safety control, and…
Secretary of Labor v. Prairie State Generating Company, LLC
Managers personally liable for missed preshift exam
Prairie State sent miners to rock-dust an area that had not received the required preshift or supplemental examination and contained loose roof and rib hazards. Judge Alan G. Paez affirmed the violation as S&S, highly negligent, and an unwarrantable failure, finding systemic management failures in…
Secretary of Labor v. Ten-Mile Coal Company, Inc.
Lost interoffice assessment reopened
Ten-Mile's mine manager received a proposed assessment, but it was lost while being sent to the secretary-treasurer's office 60 miles away. The operator adopted a new process requiring assessments to be scanned and emailed, and the Secretary did not oppose reopening. The Commission majority…
Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold USA, Inc.
Unpaid settlement justified reopening
Veris Gold settled Jennifer Morreale's discrimination case and represented that a bankruptcy monitor had approved the required payments, but neither Morreale nor MSHA was paid before the mine assets were sold. The judge later dismissed Morreale's effort to compel payment for lack of jurisdiction…
Secretary of Labor on behalf of Jeffrey S. Brewer v. Monongalia County Coal Company, et al.
Temporary reinstatement ordered
Jeffrey Brewer alleged that Murray Energy discharged him after he filed repeated section 103(g) safety complaints and that supervisors showed hostility toward miners who contacted MSHA. The operator did not timely request a hearing on the Secretary's temporary-reinstatement application. Judge…
Key Energy Services, LLC
Lightning hazard citation vacated
Three Key Energy employees and another contractor's employee were injured when lightning struck a rural gas-well worksite. OSHA cited Key Energy under the general duty clause and proposed training, stopping work during severe weather, and weather radios as abatement. The judge found that Key Energy…
Secretary of Labor obo Cheryl Garcia v. Veris Gold USA, Inc.
Discrimination case stayed for Commission guidance
The Secretary brought a Mine Act discrimination case for Cheryl Garcia against Veris Gold USA, which later dissolved after selling its mine assets to Jerritt Canyon Gold through bankruptcy. A default had been entered against Veris Gold, but the parties disputed whether Jerritt Canyon Gold could be…
Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Asset purchaser added for successor inquiry
Matthew Varady had already proven that Veris Gold discriminated against him when he asked to add Jerritt Canyon Gold, the purchaser of Veris's mine assets, as a potential successor. Jerritt Canyon argued that the bankruptcy automatic stay, free-and-clear sale order, claim preclusion, and bankruptcy…
Jeffrey L. Nixon d/b/a EarthEcycle, EarthEcycle, LLC, EarthEcycle, LLP, AABC Computer and Electronics Recycling, AABC Computer Company, Earth Computer and Electronics Recycling, United Recyclers of America
In re Jeffrey L. Nixon d/b/a EarthEcycle and related entities (EAB RCRA Appeal No. 16-01C): effective date clarified and consent agreement ratified
EPA alleged that Jeffrey L. Nixon and related electronic recycling businesses failed to properly manage hazardous wastes under RCRA and authorized Pennsylvania requirements. The parties resolved the matter through a Consent Agreement. The Environmental Appeals Board clarified that the agreement's…
Traylor Mining, LLC v. Secretary of Labor
Attorney-fee application denied
Traylor Mining prevailed in part in an underlying case after an excavator boom struck a production supervisor at the Bulldog Mine. The judge had removed the unwarrantable-failure designation, reduced negligence from high to moderate, and cut the penalty from $52,500 to $1,000. Traylor then sought…
In re: Disciplinary Referral
Attorney disciplinary referral terminated
A complainant asked the Commission to investigate whether an attorney made a false statement while withdrawing from a Mine Act discrimination hearing. The attorney had said he hoped his firm would represent the successor mine operator, although the firm was already serving as that company's Nevada…
Secretary of Labor v. Hibbing Taconite Company
Arbitrary abatement deadlines invalidate withdrawal orders
MSHA issued four section 104(b) withdrawal orders after Hibbing Taconite did not finish correcting three housekeeping violations and a damaged fan housing by 8:00 a.m. the morning after the citations. The inspector used the same next-morning deadline to prompt quick action even though some…
Secretary of Labor v. Mach Mining, LLC
Five citations affirmed and one penalty reduced
MSHA cited Mach Mining for unsafe truck transportation, broken elevated handrails, inadequate face ventilation, defective roof-bolter dust collectors, and inadequate conveyor guarding. Judge Kenneth R. Andrews affirmed the truck safeguard violation as S&S and highly negligent because two miners…
Sandra G. McDonald v. George King, Mark Toler, Frasure Creek Mining, LLC and Guardco Security, LLC
Sandra G. McDonald v. George King, et al. (FMSHRC WEVA 2014-387-D): Complainant ordered to justify adding two companies
Sandra McDonald alleged that she was fired from a mine-site security job after protected safety complaints. After the Commission allowed her to amend the case, she added mine operator Frasure Creek and security company Guardco to the individual respondents. Judge Jerold Feldman questioned whether…
The Davey Tree Expert Company
Line-clearance logging citations vacated
A Davey Tree crew was felling dead trees near power lines when two trees fell toward the crew and one fatally struck an employee. OSHA pursued two logging-standard items concerning first-aid kit contents and spacing between workers. The Commission applied its companion Davey Tree decision and held…
The Davey Tree Expert Company
Logging citation vacated for utility line-clearance work
A Davey Tree crew was clearing trees near utility lines when a falling tree struck other trees and dislodged a limb that fatally injured an employee. OSHA cited the company under the logging rule for inadequate spacing between workers. The Commission held that the logging standard covers the…
Secretary of Labor v. Rex Coal Company, Inc.
Fire-reporting and preshift violations affirmed
A foreman discovered an underground fire while only one other miner was working below ground, searched for that miner, and did not notify MSHA within the required 15 minutes. MSHA also found from the foreman's gas-detector data that he could not have completed the recorded preshift methane and…
United Steelworkers, Local No. 5114, on behalf of Miners v. Hecla Limited
Compensation limited to miners who worked during noncompliance
Hecla failed to take stress-gauge readings required by an amendment to a section 103(k) order at the Lucky Friday Mine. Nineteen miners continued working in the affected area until a second rock burst led to their withdrawal, while the union sought compensation for 218 miners idled during the full…
Jonathan Bethel Woodward v. Carmeuse Lime and Stone
MSHA ordered to submit discrimination investigation file
Jonathan Woodward brought his own Mine Act discrimination case against Carmeuse Lime and Stone after an MSHA investigation. Carmeuse requested a subpoena for MSHA's investigative file, while an earlier Freedom of Information Act request faced a delay that would make production too late for the…
Matter of Elvis GUZMAN-POLANCO
Puerto Rico aggravated battery is not categorically a crime of violence under section 16(a)
The Board reviewed a Dominican respondent's removal order based on a Puerto Rico aggravated-battery conviction. The Board held that a state offense qualifies as a crime of violence under 18 U.S.C. § 16(a) only if the statute requires the use, attempted use, or threatened use of violent physical…
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.