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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Lee Ranch Coal Company (El Segundo Mine)
In re Lee Ranch Coal Company (El Segundo Mine) (EAB NPDES Appeal No. 14-04): petition dismissed after settlement
Lee Ranch Coal Company sought review of conditions in an NPDES permit for the El Segundo Mine. The company moved to dismiss its petition after reaching a settlement agreement with EPA Region 6. The company stated that the executed agreement led to a permit modification proceeding that resolved the…
Cooper Tire & Rubber Company
Combustible-dust case settled and dismissed
OSHA cited Cooper Tire over alleged carbon-black dust hazards at its Tupelo tire plant. After withdrawals and a partial settlement, the judge vacated the remaining general duty, hazardous-location, and housekeeping items because the Secretary did not prove the cited combustible-dust conditions…
Daniel B. Lowe v. Veris Gold USA, Inc.
Secretary's reconsideration motion denied
Daniel Lowe had prevailed on his self-filed Mine Act discrimination complaint against Veris Gold, but the Judge had not yet determined damages or other relief. The Secretary of Labor asked the Judge to vacate that ruling, arguing that an order to file a civil-penalty petition effectively made the…
Mauricio Diaz Construction
Repeat residential fall violation affirmed
Three Mauricio Diaz Construction workers performed framing work near the peak of a two-story duplex roof. OSHA photographs showed that harnesses were not connected to lifelines or anchor points, despite the owner's claim that workers stayed tied off. The judge credited the inspector and found the…
BHP Navajo Coal Co. v. Secretary of Labor
Electrical citation reduced to moderate negligence
BHP Navajo installed an open exhaust-fan motor and unsealed electrical components above the x-ray room of its coal-sample laboratory. Judge Jacqueline R. Bulluck held that 30 C.F.R. § 77.516 incorporated the 1968 National Electrical Code, not the edition current when the motor was installed in…
Secretary of Labor on behalf of Eric Greathouse, Ricky Baker, Levi Allen, Michael Payton, Ann Martin, and Mark Richey v. Murray Energy respondents
Secretary of Labor on behalf of Eric Greathouse, et al. v. Murray Energy respondents (FMSHRC WEVA 2015-905-D, et al.): Bonus-plan interference claims allowed to proceed
The Secretary alleged that production bonus plans at six Murray Energy coal mines discouraged miners from exercising Mine Act rights. The plans withheld crew bonuses after certain S&S citations, withdrawal orders, lost-time injuries, and absences from a full shift, including time used by miner…
Secretary of Labor v. C.R. Briggs
Misrouted penalty contest reopened
C.R. Briggs did not contest a proposed penalty assessment within 30 days, so the assessment became a final Commission order. The operator said an internal processing error caused the delay and supplied letters showing that it sent a partial payment and apparently the contest form to MSHA's payment…
Secretary of Labor v. Cemex, Inc.
Reconsideration of elevator-hoist ruling denied
MSHA cited Cemex for allegedly failing to use a systematic inspection, testing, and maintenance procedure for three traction elevators at its Demopolis Plant. Judge Priscilla M. Rae had ruled on partial summary decision that the elevators qualified as hoists covered by 30 C.F.R. § 56.19120. Cemex…
Secretary of Labor v. Mach Mining, LLC
Continuous-miner red-zone citation affirmed
An MSHA inspector saw a Mach Mining employee remotely tramming a continuous mining machine while standing between its angled tail and the mine rib. That position was inside the roof control plan's red zone, where the moving machine could pin or crush the operator. Mach disputed the inspector's…
Secretary of Labor v. GMS Mine Repair
Four S&S citations affirmed
GMS Mine Repair provided underground maintenance and contracting services at the Lively Grove Mine. MSHA issued four citations after finding loose roof-bolter dust filters and silica-bearing dust beyond the filters, an inadequate on-shift examination that missed those conditions, a damaged 995-volt…
Secretary of Labor v. Dyer Quarry, Inc.
Address-change penalty default reopened
Dyer Quarry did not timely contest a proposed penalty assessment, so the assessment became a final Commission order. The operator said it never received the assessment because its address had changed. Dyer later updated its address of record with MSHA, and the Secretary did not oppose reopening…
Secretary of Labor v. Petro Chemical Insulation, Inc.
Manlift safety citations affirmed
Petro Chemical Insulation used a mobile manlift at a coal-processing construction site with a fire extinguisher whose gauge showed that it needed recharging and a travel alarm that could not be heard over the work environment. Judge David P. Simonton found that the gauge reliably showed the…
Secretary of Labor v. Clarkson Construction Company, Inc.
Two-day-late penalty contest reopened
Clarkson Construction failed to contest a proposed penalty assessment within 30 days, making the assessment a final Commission order. The company's safety director believed counsel would file the contest, while counsel believed the safety director had already filed it. That miscommunication caused…
Pocahontas Coal Company, LLC v. Secretary of Labor
Pattern-of-violations orders affirmed
Pocahontas Coal and the Secretary jointly sought summary decision on two withdrawal orders issued after MSHA placed the Affinity Mine on a pattern of significant-and-substantial violations. One order involved inadequate fall barriers required by the ventilation plan, and the other involved an…
Secretary of Labor v. Byrne Sand & Gravel Co., Inc.
Crossed responsibility supported reopening
Byrne Sand & Gravel did not contest a proposed penalty assessment within 30 days, so the assessment became a final Commission order. The company explained that its treasurer believed the general manager would file the contest, while the general manager believed the treasurer would handle it. The…
Secretary of Labor v. Cemex, Inc.
Traction elevators treated as regulated hoists
MSHA cited Cemex for failing to complete annual inspections of three traction elevators at its Demopolis Plant under 30 C.F.R. § 56.19120. Cemex argued that traction elevators were not power-driven drums or windlasses within the regulatory definition of a hoist and that it lacked fair notice of…
Scott D. McGlothlin v. Dominion Coal Corporation
Counsel ordered to justify $112,465.48 fee request
Scott McGlothlin had already won summary decision on his claim that Dominion Coal interfered with his Part 90 pay protection. His two sets of counsel then sought $112,465.48 for 331.1 hours of legal services and expenses, using requested hourly rates of $250 and $500. Judge Jerold Feldman noted…
Ellis & Eastern Company v. Secretary of Labor
$21,450.96 fee award granted
Ellis & Eastern had won summary decision vacating an MSHA citation because the agency lacked jurisdiction over the company's railroad repair shop. The company then sought attorney fees and expenses under the Equal Access to Justice Act. Judge L. Zane Gill held that the Secretary's jurisdictional…
Secretary of Labor v. Brody Mining, LLC
Previously contested order reopened
Brody Mining failed to timely contest the proposed penalty for an order after identifying a discrepancy between the assessment and the order. The company had already filed a timely pre-penalty notice contesting the same order and had moved to consolidate and expedite it, showing a clear intent to…
Secretary of Labor v. U.S. Silver - Idaho, Inc.
Seven assessments reopened after clerical error
U.S. Silver intended to contest seven proposed penalty assessments but missed the deadline because its safety superintendent failed to submit the notice. The superintendent acknowledged the error, implemented a system to prevent recurrence, and the company moved promptly after receiving a…
Secretary of Labor v. Campbell Redi-Mix, Inc.
Wrong-address contests reopened
Campbell Redi-Mix made partial payments on two proposed penalty assessments but did not timely contest the unpaid portions. The company said it mistakenly sent its contest forms to the wrong address. The Secretary did not oppose reopening but urged Campbell to ensure that future contests were filed…
Scott D. McGlothlin v. Dominion Coal Corporation
Counsel ordered to justify $112,465.48 fee request
Scott McGlothlin had already won summary decision on his claim that Dominion Coal interfered with his Part 90 pay protection. His two sets of counsel then sought $112,465.48 for 331.1 hours of legal services and expenses, using requested hourly rates of $250 and $500. Judge Jerold Feldman noted…
Secretary of Labor v. James L. Deck
Unwithdrawn individual penalty reopened
James Deck did not timely contest an individual civil-penalty assessment under section 110(c), so the assessment became a final Commission order. Deck said the Secretary had agreed during earlier settlement negotiations to withdraw the individual proceeding but mistakenly failed to do so. The…
Secretary of Labor v. Webster County Coal, LLC
Roof-control-plan revision citation vacated
MSHA cited Webster County Coal after four roof falls, alleging that the operator failed to propose revisions when its roof control plan became unsuitable. The first three falls involved water-related roof conditions, and Webster worked with MSHA, adopted plan changes, and implemented Technical…
Secretary of Labor v. Noranda Alumina, LLC
Paid assessment not reopened
Noranda Alumina paid a proposed penalty assessment in full instead of contesting it. The employee who normally handled assessments had left the company on the day it arrived, and replacement staff treated the assessment as an ordinary bill despite repeated contest instructions and a separate notice…
Secretary of Labor v. E&G Masonry Stone #2
Third reopening motion granted with warning
E&G Masonry Stone missed the deadline to contest a proposed penalty assessment after a miscommunication with off-site mine management. The operator pointed to an earlier notice contesting one of the citations as evidence that it intended to challenge the penalties, and the Secretary did not oppose…
Secretary of Labor v. Mid-Valley Gravel Company
Signed delivery defeated nonreceipt claim
Mid-Valley Gravel asked to reopen a final penalty assessment, claiming that it never received the proposed assessment. The Secretary produced delivery records showing that the company's corporate secretary, who was also designated to handle health and safety matters, signed for it. A later…
Secretary of Labor v. Manalapan Mining Company, Inc.
Three late reopening motions denied
Manalapan Mining sought to reopen three penalty assessments for unwarrantable-failure violations at separate mines. The company admitted receiving the assessments but said it could no longer locate them, and it waited 256 days after they became final to seek relief. The Commission found that…
Secretary of Labor v. Bussen Quarries, Inc.
Highwall fall-protection citation affirmed
A portable pump cart was positioned about four and a half feet from the edge of a 70-foot quarry highwall with its handles facing the drop. No warning line or barrier marked the rock-dust-blurred edge, and no tie-off point or fall protection was visible nearby. Judge Margaret A. Miller found it…
H&S Performance, LLC
In re H&S Performance, LLC (EAB CAA Appeal No. 15-03C): Consent Agreement ratified
H&S Performance, LLC resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered H&S Performance, LLC to comply with all terms of the Consent…
Patrick Shemwell v. KenAmerican Resources, Inc.
Discharge for unsafe-work refusal reversed
Patrick Shemwell was discharged after refusing to operate a bulldozer whose throttle had malfunctioned while he worked near the edge of a refuse pile. Judge John Kent Lewis found that Shemwell honestly and reasonably believed the equipment was unsafe, making his refusal protected activity under the…
Secretary of Labor v. Kopper Glo Mining, LLC
Late review petition considered but denied
The Secretary filed a petition for discretionary review based on the date of a corrected ALJ decision rather than the earlier original decision. Rule 69(c) normally provides that correcting a clerical error does not restart the review deadline, but the corrected decision was not labeled amended and…
Secretary of Labor v. TriCounty Stone Company, Inc.
Haul-truck steering citations vacated
MSHA cited two 35-ton haul trucks after an inspector reported three-quarters to one inch of slack in seven steering-linkage components. TriCounty Stone replaced the ball joints to abate the citations but preserved parts, videos, and an unrepaired truck for evidence. Judge L. Zane Gill found the…
Secretary of Labor v. Oak Grove Resources, LLC
Safeguard violation affirmed but S&S reversed
Oak Grove pushed a haulage car carrying a 24-ton shearer body on its main haulage road despite a mine-specific safeguard prohibiting the pushing of cars there. During the move, the carrier derailed, two locomotives rolled downhill, and a miner was pinned against the carrier and fatally injured. The…
Matter of Jorge V. CALVILLO GARCIA
Probationary treatment-facility confinement is a term of imprisonment
The Board reviewed a Mexican lawful permanent resident's eligibility for cancellation of removal after an aggravated-assault conviction. The respondent had received deferred adjudication and five years of community supervision, with a condition requiring up to one year of confinement in a Texas…
Secretary of Labor on behalf of Jeremy Jones v. Kingston Mining, Inc.
Temporary reinstatement ordered on remand
The Commission had reversed an earlier ruling against Jeremy Jones and directed the ALJ to consider evidence about safety complaints, workplace isolation, the layoff process, and later hiring. After hearing that evidence, Judge William B. Moran found that Jones met the temporary-reinstatement…
Secretary of Labor v. Cemex, Inc.
Late-disclosed expert allowed with continuance
The Secretary disclosed an MSHA engineer as an expert witness two days after the business-day deadline in the hearing notice. Cemex moved to exclude the witness, arguing that the late disclosure was unfair and conflicted with discovery and summary-decision rules. Judge Priscilla M. Rae found that…
Pepper Contracting Services, Inc.
Highway work-zone struck-by citation affirmed
Pepper Contracting supervised a highway milling operation where an employee was assigned to uncover a utility box in the path of moving dump trucks. A subcontractor's truck struck the employee, who later died from his injuries. The judge found that Pepper knew workers and vehicles could conflict…
Secretary of Labor v. O & G Industries, Inc.
Contest mailed with payment reopened
O & G Industries intended to contest part of a proposed penalty assessment but mailed the contest form with its partial payment to MSHA's payment office. Because that office was not the designated contest address, the assessment became a final Commission order. The Secretary did not oppose…
Secretary of Labor v. Emerald Processing, LLC
Three-day deadline miscalculation excused
Emerald Processing missed the penalty-contest deadline by three days. The company explained that a warehouse technician who received the assessment departed from the established procedure and miscalculated the due date. The Secretary did not oppose reopening but urged the operator to handle future…
Secretary of Labor v. Howard R. Hensley, employed by Mill Branch Coal Co.
Secretary of Labor v. Howard R. Hensley (FMSHRC VA 2015-29): Individual penalty reopened after address change
Howard Hensley did not timely contest an individual penalty assessment under section 110(c). He said he never received the assessment because his home address had changed, and postal records showed that the mail was refused and returned to MSHA because the addressee was unknown. The Secretary did…
Secretary of Labor v. Elmore Sand & Gravel, Inc.
Resignation-related contest default reopened
Elmore Sand & Gravel's safety director resigned near the time a proposed penalty assessment arrived and did not tell anyone about it. The company submitted the contest form one day after the assessment became final, and counsel's travel contributed to delay in filing the reopening motion. Elmore…
Secretary of Labor v. Empresas Ortiz Brunet, Inc.
Case confusion supported reopening
Empresas Ortiz Brunet failed to submit a penalty-contest form because confusion with other cases led the company to believe the form had already been sent. The company contacted MSHA to resolve the matter a little more than a month after the assessment became final. The Secretary did not oppose…
Secretary of Labor v. J.M. Huber Corporation
Omitted contest form supported reopening
J.M. Huber made a partial payment on a proposed penalty assessment but mistakenly failed to submit the contest form for the remaining penalties. The assessment therefore became a final Commission order. The Secretary did not oppose reopening but urged the company to submit future contests on time…
Matter of Miguel Angel CASTRO-LOPEZ
NACARA presence period starts at the latest removal ground
The Board reviewed the grant of special rule cancellation of removal under NACARA to a Salvadoran respondent who entered the United States without inspection and was later convicted of cocaine possession. The Board held that the 10-year continuous-presence period for the applicable criminal ground…
Secretary of Labor v. Peabody Twentymile Mining, LLC
Spray-foam stopping citation affirmed
Peabody Twentymile used non-strength-enhancing polyurethane foam to seal the perimeter of a dry-stacked concrete-block ventilation stopping. Judge David P. Simonton held that traditionally accepted block-stopping construction under 30 C.F.R. § 75.333(e)(1) required a strength-enhancing perimeter…
Secretary of Labor v. Jim Reeves, employee of Rodeo Creek Gold, Inc.
Secretary of Labor v. Jim Reeves (FMSHRC WEST 2014-83): Personal-service issue made reopening moot
MSHA delivered an individual penalty assessment for Jim Reeves to the mine where he had worked as a shift foreman. Reeves said he never personally received it, and the Secretary conceded that personal service may not have occurred. Because the 30-day contest period begins upon the individual's…
Secretary of Labor v. U.S. Coating Applicators, LLC
Unsigned delivery supported reopening
MSHA's first mailing of a proposed penalty assessment to U.S. Coating Applicators was returned undelivered. MSHA mailed it again, but the operator said it still did not receive the assessment and produced postal tracking showing that it had not signed for the delivery. The Secretary did not oppose…
Secretary of Labor v. The Doe Run Company
Four near-deadline contests reopened
Doe Run filed contests for four proposed penalty assessments a few days after they became final Commission orders. The Secretary opposed reopening, noting that the operator did not dispute the missed deadlines and that its safety director should have known the contest procedures. The Commission…
All Steel, Inc.
Late contest dismissed for lack of excusable neglect
OSHA issued All Steel two citations containing four items and proposed $2,800 in penalties. The company filed its notice of contest 53 days after the statutory deadline, explaining that family illness and the demands of keeping the business operating caused the delay. The judge found those general…
Secretary of Labor v. Nine Mile Mining, Inc.
Electrical-examination order affirmed
Nine Mile's required electrical examinations did not identify five loose lights and a broken light globe on a continuous miner and roof bolter. The equipment had been idle or nearly idle for five days, so Judge Priscilla M. Rae found that the defects existed when the examinations were performed and…
TXI Operations LP v. Secretary of Labor
Settlement denied for unsupported 80% reduction
The Secretary and TXI Operations proposed reducing total penalties from $7,314 to $4,294 and vacating a related imminent-danger order. One citation would have fallen from $3,784 to $764 even though the inspector described a leaning platform with one broken support bolt, two bent bolts, observed…
Secretary of Labor v. Hammerlund Construction, Inc.
Crusher stockpiles fell within MSHA jurisdiction
Hammerlund operated a portable crusher at a county-owned gravel pit and disputed whether MSHA jurisdiction extended beyond the crusher to the unprocessed dump and processed stockpile. Judge Jacqueline R. Bulluck found that Hammerlund retrieved material from the dump, controlled the crushing and…
Matter of Y-S-L-C-
Hostile questioning requires a new hearing
The Board reviewed a 15-year-old Guatemalan respondent's appeal from the denial of withholding of removal under the Convention Against Torture. The Board held that testimony about events the respondent personally experienced is not expert opinion requiring qualification under the Federal Rules of…
Secretary of Labor v. Con-Agg of Mo, LLC
Berm citation vacated for lack of proof and fair notice
Con-Agg of Mo operated Huntsville Quarry, where MSHA cited an allegedly inadequate boulder berm after a haul truck left the road and its driver died. Judge Priscilla M. Rae granted Con-Agg's motion for a directed verdict because the Secretary's two witnesses contradicted each other about whether…
Charles W. Mason, DDS, & Associates, PLLC
Chemical training and sharps disposal violations affirmed
Clinical assistants at an orthodontic practice handled hydroquinone film-developing solution without effective hazard training and disposed of blood- or saliva-contaminated dental wires in plastic trash bags. The Commission found the chemical hazardous and held that training begun after OSHA's…
Pennrock Construction LLC
LLC members treated as employees for roofing citations
Pennrock Construction performed residential roofing about 15 feet above the ground without fall protection and used a ladder that did not extend three feet above the roof. The company argued that the workers were one-percent LLC members and therefore owners rather than employees covered by the OSH…
Dana Container, Inc.
Confined-space program and willful entry violations affirmed
Dana Container employees entered truck tanks when mechanical washing left residue. A supervisor entered a dirty tank without atmospheric testing, an entry permit, or a retrieval system and was found unconscious. The Commission found his deliberate rule violations foreseeable because management had…
Secretary of Labor obo Thomas McGary and Ron Bowersox, et al. v. The Marshall County Coal Co., et al.
Mandatory reporting rule interfered with confidential MSHA complaints
Murray Energy's CEO held mandatory meetings at five West Virginia underground coal mines and told miners that anyone making a safety complaint to MSHA was also required to report it to management. Judge Margaret A. Miller found that the policy and statements connecting complaints to mine closures…
Scott D. McGlothlin v. Dominion Coal Corporation
Unconditional confidentiality denied while relief remained under review
Scott McGlothlin and Dominion Coal submitted proposed relief after an earlier ruling found that Dominion interfered with McGlothlin's Part 90 pay-protection rights. Their revised filing preserved the liability finding because Dominion waived its right to appeal, but the parties asked to keep the…
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.