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. Drilling and Blasting Systems, Inc.
Drill-attendance citations vacated
MSHA cited Drilling and Blasting Systems twice because a drill operator left the cab while the drill continued operating nearby. The Secretary interpreted the rule requiring drills to be attended as requiring the operator to remain within arm's reach of the controls. The Commission rejected that…
Secretary of Labor obo Lawrence D. Hagene v. Prairie State Generating Co., LLC and GMS Mine Repair & Maintenance, Inc.
Temporary reinstatement denied
Lawrence Hagene worked for contractor GMS as an electrician at Prairie State's Lively Grove Mine. After a roof fall damaged a 995-volt trailing cable, Hagene removed his personal lock and approved tag near the end of his shift and left a makeshift paper warning on the cable cathead. GMS terminated…
Secretary of Labor v. Castle Valley Mining, LLC
Mailed penalty contest reopened
Castle Valley Mining failed to contest a proposed penalty assessment within 30 days, causing it to become a final Commission order. The company asserted in a revised motion and supporting affidavit that it had timely sent the contest by first-class mail, although MSHA had no record of receiving it…
Secretary of Labor v. United States Steel Corporation
Two misdirected contests reopened
U.S. Steel failed to complete timely contests of two proposed penalty assessments, causing them to become final Commission orders. The company said it had prepared the contests on time but sent them to MSHA's payment center instead of the Civil Penalty Compliance Office. U.S. Steel retrained its…
Secretary of Labor v. KenAmerican Resources, Inc.
Misdirected penalty contest reopened
KenAmerican Resources failed to contest a proposed penalty assessment within 30 days, causing it to become a final Commission order. The employee who normally handled MSHA contests was out of the office for a serious medical issue, and an inexperienced substitute sent the contest to MSHA's payment…
Jones Bros Mfg, Inc. v. Secretary of Labor
Late imminent-danger contest allowed
Jones Bros sought review of an imminent-danger withdrawal order after the 30-day contest deadline had passed. The company had timely contested a related citation but said it lacked prior experience and did not understand that the withdrawal order had a separate deadline. Counsel later explained the…
Sammy-Mar, LLC
In re Sammy-Mar, LLC (EAB UIC Appeal No. 15-02): Brine-well permit challenge denied
EPA Region 3 issued Sammy-Mar, LLC a Class II-D Underground Injection Control permit for a brine-disposal well in Clearfield County, Pennsylvania. Shawn Agosti raised concerns about geologic data, seismic events, responsibility for replacing drinking-water wells, effects on traffic and property…
City of Nashua Wastewater Treatment Facility
In re City of Nashua Wastewater Treatment Facility (EAB NPDES Appeal No. 15-06): petition dismissed with prejudice after settlement
The City of Nashua, New Hampshire, sought review of conditions in an NPDES permit authorizing discharges from its Wastewater Treatment Facility and nine Combined Sewer Overflows into the Merrimack and Nashua Rivers. EPA Region 1 later withdrew portions of the permit, and the parties entered…
Secretary of Labor v. West Alabama Sand & Gravel, Inc.
Penalty-factor briefing ordered after remand
A customer truck driver climbed onto a loaded trailer without fall protection at West Alabama Sand & Gravel's mine. After the Commission vacated the Judge's earlier removal of the unwarrantable-failure designation, the operator stipulated that the violation involved high negligence and…
Secretary of Labor v. Pocahontas Coal Company, LLC
Direct challenge to pattern notice dismissed
MSHA issued Pocahontas Coal a pattern-of-violations notice based on 36 citations and orders concerning roof, rib, emergency-preparedness, and escapeway hazards. Pocahontas directly contested the notice before the Commission, separate from later withdrawal orders issued under the pattern provisions…
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): consent agreement ratified
Jeffrey L. Nixon and related electronic recycling businesses entered a Consent Agreement with EPA in a RCRA 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…
Secretary of Labor v. Brdaric Excavating, Inc.
Off-site garage covered by the Mine Act
Brdaric Excavating operated Buck Mountain Quarry and also owned a garage about one mile away that primarily serviced equipment used in its excavation and demolition business. The garage nevertheless repaired quarry vehicles and equipment, stored charging equipment used on quarry vehicles, and…
Secretary of Labor v. Pocahontas Coal Company, LLC
Direct safeguard challenges dismissed
MSHA issued five mine-specific safeguard notices governing transportation at Pocahontas Coal's Affinity Mine. Pocahontas directly contested the notices before any citation alleged a violation of them. The Commission majority held that safeguard notices function as mine-specific mandatory standards…
Secretary of Labor v. BCJ Sand & Rock, Inc.
Prompt reopening request granted over dissent
BCJ Sand & Rock failed to contest a proposed penalty assessment within 30 days. The company said employees handling MSHA matters did not notify management, it was unfamiliar with the contest process, and it sought reopening less than 30 days after the assessment became final. The Secretary did not…
Resolution Copper Mining, LLC v. Secretary of Labor and Secretary of Labor v. Resolution Copper Mining, LLC
Resolution Copper Mining, LLC v. Secretary of Labor (FMSHRC WEST 2013-319-RM, et al.): Hoist-speed violation was not S&S
Resolution Copper transported miners in a personnel conveyance at speeds up to 1,200 feet per minute, above the 500-foot limit for hoisting people in buckets. The Commission had already held that the conveyance was a bucket and remanded for a decision on whether the violation was significant and…
American International Chemical
In re American International Chemical (EAB TSCA Appeal No. 16-01C): consent agreement ratified
American International Chemical entered a Consent Agreement with EPA in a Toxic Substances Control Act 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…
Secretary of Labor v. Buzzi Unicem USA
Defective skid-steer citation reduced to $634
A Buzzi Unicem employee tagged out a skid steer because it continued creeping when the operator released the controls, but management returned it to service while awaiting repairs. The machine was used around foot traffic and cleanup workers, and most operators were not warned that they needed the…
Secretary of Labor obo Thomas McGary and Ron Bowersox, et al. v. The Marshall County Coal Co., et al.
Stay partly granted during interference appeal
A Judge found that five Murray-affiliated coal operators interfered with miners' rights by requiring miners who made safety complaints to MSHA to give the same complaints to management. The operators sought to stay remedies requiring policy rescission, corrective notices, a personal statement by…
United Mine Workers of America obo Mark A. Franks and Ronald M. Hoy v. Emerald Coal Resources, LP
Interference claims remanded after court reversal
A Judge found that Emerald Coal discriminated against miners Mark Franks and Ronald Hoy for protected Mine Act activity and awarded back pay. The Commission had affirmed in result, but its members split between discrimination and interference rationales. The Third Circuit vacated that decision…
Matter of Henry Javier MENDOZA OSORIO
New York child-endangerment offense qualifies as child abuse
The Board reviewed a removal order against an Ecuadorian lawful permanent resident convicted under New York Penal Law § 260.10(1) of endangering the welfare of a child. The Board held that the statute categorically defines a crime of child abuse, child neglect, or child abandonment because it…
Secretary of Labor obo Jeffrey Pappas v. CalPortland Company
Temporary reinstatement survived mine sale
Jeffrey Pappas had worked at the Oro Grande cement plant for 16 years and previously settled a discrimination complaint that returned him to work. When CalPortland bought the plant, it retained most of the existing workforce but did not offer Pappas a position after consulting the predecessor's…
Scott D. McGlothlin v. Dominion Coal Corporation
Back pay awarded and attorney fees reduced
An earlier liability ruling found that Dominion Coal interfered with Scott McGlothlin's Part 90 pay protection by reducing his pay after he sought medical-transfer status. The parties proposed $45,942.61 in back pay and expenses plus $88,975.48 in attorney fees, but Judge Jerold Feldman treated the…
Scott D. McGlothlin v. Dominion Coal Corporation
Interlocutory fee-review request denied
Scott McGlothlin's counsel asked the Judge to certify immediate Commission review of whether agreed damages and attorney fees in a discrimination case prevented the Commission from reviewing the relief for reasonableness. Judge Jerold Feldman denied certification because section 105(c)(3) limits…
Secretary of Labor obo Jesse R. Stolzenfels v. Marion County Coal Company, and its successors
Secretary of Labor obo Jesse R. Stolzenfels v. Marion County Coal Company (FMSHRC WEVA 2016-0134-D): Economic reinstatement settlement remained binding
Marion County Coal did not request a hearing on Jesse Stolzenfels's temporary-reinstatement application and instead joined a settlement providing economic reinstatement. The agreement stated that payments would continue until MSHA declined the discrimination complaint or the matter reached a final…
Secretary of Labor obo Richard B. Harrison v. Marion County Coal Company, and its successors
Secretary of Labor obo Richard B. Harrison v. Marion County Coal Company (FMSHRC WEVA 2015-0811-D): Economic reinstatement agreement remained binding
Richard Harrison was initially ordered physically reinstated, but Marion County Coal and the Secretary later agreed to temporary economic reinstatement to avoid workplace disruption. Their agreement provided that payments would continue until MSHA declined the discrimination complaint or the case…
S.J. Louis Construction of Texas
Confined-space citation vacated for lack of employer knowledge
Two S.J. Louis Construction employees died after entering an active sewer manhole containing hydrogen sulfide and very low oxygen. The judge found that the general-industry confined-space rules did not apply to the construction work, but affirmed an alternative general duty clause citation. The…
Secretary of Labor obo Cheryl Garcia v. Veris Gold USA, Inc.
Successor-liability briefing ordered
A default had been entered against Veris Gold USA in Cheryl Garcia's discrimination case after the company stopped participating while liquidating through an asset sale. Before assessing penalties or damages, Judge David P. Simonton sought to determine whether the mine's new operator, Jerritt…
Ellis & Eastern Company v. Secretary of Labor
Fees awarded for litigating fee application
Ellis & Eastern had already received $21,450.96 under the Equal Access to Justice Act for fees and expenses in the underlying case. It then requested another $5,248.49 for the cost of successfully litigating the fee application itself. Judge L. Zane Gill held that the EAJA covers all phases of…
Hudson River Park Trust
In re Hudson River Park Trust (EAB CWA Appeal No. 16-01): petition dismissed with prejudice
The City Club of New York, Robert Buchanan, and Tom Fox asked the Environmental Appeals Board to review a matter involving the Hudson River Park Trust and a U.S. Army Corps of Engineers public notice. After the Board issued an order to show cause, the petitioners withdrew their request for review…
Michael Wilson v. Jarrod Farris, David Taylor, & Ross Glazer
No adverse action from miners' inquiry
Michael Wilson, a nonemployee miners' representative, alleged that three ram-car drivers asked an MSHA inspector how they could remove him as a representative and keep him off mine property. He sought training and cease-and-desist relief against the miners individually, not their employer. Judge…
Carbon Injection Systems, LLC
In re Carbon Injection Systems, LLC (EAB RCRA (3008) Appeal No. 15-01): ALJ decision vacated and enforcement case dismissed on other grounds
EPA Region 5 charged Carbon Injection Systems, LLC and its owner/operators with storing and treating hazardous waste without a permit after the company supplied liquid hydrocarbon materials for injection into an iron blast furnace in Warren, Ohio. The dispute centered on whether the materials were…
Carbon Injection Systems, LLC
In re Carbon Injection Systems, LLC (EAB RCRA Appeal No. 15-01): ALJ dismissal vacated and enforcement action dismissed
Carbon Injection Systems supplied liquid hydrocarbon materials for use in an iron blast furnace in Warren, Ohio. EPA alleged that the materials were hazardous waste and that the company and its owners stored and treated waste without a permit. The Board held that burning the injectants for…
Secretary of Labor v. Lone Mountain Processing, Inc. and Lone Mountain Processing, Inc. v. Secretary of Labor
Secretary of Labor v. Lone Mountain Processing, Inc. (FMSHRC KENT 2014-817, et al.): Rock-burst citations settled for $75,000
A rock burst during deep-cover retreat mining at Lone Mountain Processing's Huff Creek mine killed continuous-miner operator Lenny Gilliam and seriously injured two other miners. MSHA issued three citations alleging failures to respond to pressure data, follow retreat-mining protocol, and stop…
Secretary of Labor v. Apogee Coal Company, LLC
Unverified clerical-error claim did not justify reopening
Apogee Coal failed to contest a proposed penalty assessment within 30 days and later sought reopening based only on a claimed clerical error, inadvertence, or mistake. The assertion came from counsel without facts, supporting documents, or an affidavit from anyone with direct knowledge. Apogee also…
Secretary of Labor v. Lee Mechanical Contractors, Inc.
Abandoned paperwork supported reopening
Lee Mechanical's safety coordinator delegated a penalty contest to an accounts-payable employee because of a heavy workload. The employee resigned unexpectedly, and the company discovered that the contest and other paperwork had not been completed or mailed. Lee changed its filing procedures, and…
Secretary of Labor v. U.S. Silica Company
Impact-inspection workload did not excuse late contest
U.S. Silica missed a penalty-contest deadline while handling added paperwork and responsibilities from an impact inspection. Its counsel had contacted the company around the deadline, and the company stated that it intended to contest, but it still waited 38 days after finality to seek reopening…
Secretary of Labor v. Thelen Sand & Gravel, Inc.
Counsel's leave supported reopening
Thelen Sand & Gravel's general counsel took a leave of absence, and the company's president assumed responsibility for reviewing MSHA assessments. The first assessment received during that period was not routed directly to him, and he could not locate it despite intending to contest the citation…
Secretary of Labor v. Southern Ohio Sand
Missing assessment supported reopening
Southern Ohio Sand said it did not receive a proposed penalty assessment before the contest deadline. When it contacted MSHA and obtained a copy, it mailed a contest the same day, which the Secretary confirmed. The operator then changed its contest procedures, and the Secretary did not oppose…
Secretary of Labor v. Black Beauty Coal Company
Modified belt-travelway safeguard upheld
MSHA issued Black Beauty Coal a safeguard requiring 24-inch travelways beside belt conveyors after fallen coal and rock blocked both sides of a belt. A later modification required those travelways to be clear of mud and water, and MSHA issued four citations for violating the modified safeguard. The…
Secretary of Labor v. Kentucky Fuel Corporation
Settlement denied for insufficient factual support
The Secretary proposed reducing two penalties against Kentucky Fuel from $69,400 to $45,000. One citation described numerous defects on a grease truck, including braking, steering, access, tire, wheel, fuel, and fluid hazards; the other alleged mine-wide failures to record and correct hazardous…
Sterling Technologies, Inc.
Incomplete settlement order set aside and remanded
OSHA issued Sterling Technologies a serious citation with two items. The judge approved an informal settlement that resolved only one item but mistakenly submitted the order for final docketing. Before the order became final, the parties filed an amended settlement resolving both items, but the…
Secretary of Labor obo Adam Whiton v. Wharf Resources (USA), Inc.
Economic reinstatement terms approved
Adam Whiton and Wharf Resources agreed to temporary economic reinstatement instead of returning him to work while his discrimination complaint was investigated and litigated. The agreement preserved his former pay, qualifying company 401(k) contributions, health insurance, and other payroll…
Peco Foods, Inc.
Eye-protection citation affirmed on poultry debone line
Peco Foods did not allow employees on its poultry debone line to wear safety glasses, although liquid and chicken residue splattered around the work area. OSHA inspected after an employee cut his eyelid with a knife, but the judge found that knives were not among the hazards covered by the cited…
Mark L. Lujan v. Signal Peak Energy, LLC
Medical absence did not prove Mine Act discrimination
Mark Lujan alleged that Signal Peak suspended and discharged him after he stayed home during a gout flare-up because he believed working would endanger himself and others. Judge David F. Barbour excused Lujan's late complaint because the operator did not show material prejudice, but held that…
Secretary of Labor v. State of Alaska, Dept. of Transportation
Five highway-equipment citations vacated
Alaska used loaders and mobile screeners to process sand, gravel, and rock from pits for maintenance of the Dalton Highway. An earlier ALJ decision treated the work as exempt borrow-pit activity, but the Commission held that MSHA had jurisdiction over the open-pit sand-and-gravel operations and…
Thyssenkrupp Elevator Americas v. Secretary of Labor and Secretary of Labor v. Thyssenkrupp Elevator Americas
Thyssenkrupp Elevator Americas v. Secretary of Labor (FMSHRC WEST 2015-33-RM, et al.): Elevator-maintenance citations vacated
Thyssenkrupp Elevator was repairing a cement-plant elevator that had been out of service since a major flood. MSHA cited the contractor for leaving no warning at a door where the car sat above the landing and for failing to de-energize and block the elevator against motion. Judge Richard W. Manning…
Town of Salisbury Sewer Commission
In re Town of Salisbury Sewer Commission (EAB NPDES Appeal No. 15-11): petition dismissed with prejudice
The Town of Salisbury Sewer Commission sought review of an NPDES permit matter. The Town moved to withdraw its petition and jointly asked the Board to dismiss the proceedings, explaining that the parties had settled their differences through an administrative order to comply with the Final Permit…
Secretary of Labor v. Apogee Coal Company, LLC
Reopening denied as more than one year late
Apogee Coal Company asked the Commission to reopen a penalty assessment that had become a final order after the company did not timely contest it. Apogee attributed the missed deadline to a clerical error and noted that it had contested the underlying citation. The Commission explained that…
Secretary of Labor obo Jeffrey Pappas v. CalPortland Company
Temporary reinstatement ordered after mine sale
Jeffrey Pappas had worked at the Oro Grande cement plant for 16 years and previously obtained reinstatement after filing a Mine Act discrimination complaint against the former owner. CalPortland bought the operation, hired nearly all of its workers, and did not hire Pappas. Judge Alan G. Paez found…
Secretary of Labor v. Chase Crushing, LLC
Reopening denied for unexplained delay
Chase Crushing asked the Commission to reopen a penalty assessment that became a final order after the company did not timely contest it. Chase said the failure to contest was inadvertent. MSHA later sent a delinquency notice, but Chase waited more than 30 days to seek reopening. Because Chase did…
Christian Landers v. Peabody Powder River Mining, LLC and Joy Global Surface Mining, Inc.
Joy Global added to discrimination case
Christian Landers sought to add Joy Global Surface Mining to his Mine Act discrimination case against Peabody Powder River Mining. Landers had identified both companies as his employers in his statement to MSHA, but MSHA's notice declining the case named only Peabody. Joy argued that it had not…
Daniel B. Lowe v. Veris Gold USA, Inc.
Commission lacked jurisdiction to advise on interlocutory relief
Daniel Lowe prevailed before a Judge on a discrimination complaint against Veris Gold, but the Judge had not yet awarded damages or other relief. Because Veris Gold had entered bankruptcy and sold its mining assets, the Judge asked the Commission how to proceed when no successor had been joined…
Secretary of Labor v. South River Stone, LLC
Reopening denied for unexplained delay
South River Stone asked the Commission to reopen a penalty assessment that became final after the company did not timely contest it. The company explained that the employee responsible for reviewing assessments was on leave because of a family illness when the assessment arrived. MSHA later sent a…
Michael Wilson v. Jarrod Farris, David Taylor, & Ross Glazer
Discovery request denied
Michael Wilson, a nonemployee miners' representative at the Parkway Mine, alleged that three ram-car drivers interfered with his Mine Act rights by asking an MSHA inspector how to remove him as a representative and keep him off mine property. Wilson sought permission to depose the three respondents…
Secretary of Labor v. Highland Mining Company, LLC
Reopening motion withdrawn
Highland Mining filed a motion asking the Commission to reopen this docket. The company later asked to withdraw that motion. The Commission granted withdrawal and dismissed the case without addressing whether reopening would otherwise have been justified.
Secretary of Labor v. Specialty Sand Company
Reopening denied for unexplained delay
Specialty Sand Company asked the Commission to reopen a final penalty assessment, saying that it never received the proposed assessment. The company intended to pay the full amount and sought reopening only to avoid collection costs. MSHA had sent a delinquency notice, but Specialty waited more…
SSA Pacific, Inc.
Gangway citation vacated for lack of employer knowledge
SSA Pacific was unloading vehicles from a ship when someone tied a short plank to a midship gangway that had been designated unsafe and raised out of service. The plank lacked required rails and obstructed passage, and a superintendent used it while trying to have the condition corrected. The judge…
Secretary of Labor v. Buzzi Unicem USA
Quarry lighting citation vacated
Buzzi Unicem operated a small limestone quarry where employees walked across docked barges before sunrise while wearing cap lights. MSHA cited the company under 30 C.F.R. § 56.17001 after a miner said he could not see past the second barge and the inspector identified a possible trip-and-fall…
Comcast Cable Communications, LLC
In re Comcast Cable Communications, LLC (EAB MM Appeal No. 15-01C): consent agreement ratified
Comcast Cable Communications, LLC entered a Consent Agreement with EPA in a Clean Water Act and Emergency Planning and Community Right-to-Know Act penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of…
Rheem Manufacturing Co., Inc.
Late-contest ruling set aside for an evidentiary hearing
Rheem Manufacturing filed its notice of contest three weeks late after a security guard signed for the OSHA citation but the document never reached the responsible personnel. Rheem sought relief for excusable neglect and described its mail-handling procedures through an affidavit. The judge denied…
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.