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 on behalf of Charles Riordan v. Knox Creek Coal Corporation
Foreman fired after ventilation complaints wins reinstatement
Charles Riordan was an experienced foreman at Knox Creek's Tiller No. 1 Mine who repeatedly raised concerns about persistent ventilation problems. After he discussed those problems with the mine president at a company picnic, his direct supervisor accused him of throwing him "under the bus," and…
Matter of Z-Z-O-, Respondent
Matter of Z-Z-O- (BIA ID 3838): predictive findings are reviewed as facts
The Board reviewed a Chinese respondent's asylum claim based on alleged pressure from family planning officials, including a notice that one spouse should undergo sterilization. The Immigration Judge denied asylum, withholding of removal, and Convention Against Torture protection after finding that…
Pocahontas Coal Company, Inc. v. Secretary of Labor and Secretary of Labor v. Pocahontas Coal Company, Inc.
Pocahontas Coal Company, Inc. v. Secretary of Labor (FMSHRC WEVA 2014-395-R, et al.): Limited fact discovery allowed into pattern-notice selection
Pocahontas Coal challenged a pattern-of-violations notice that grouped 42 enforcement actions involving roof control and emergency preparedness at its Affinity Mine. Depositions showed that attorneys in the Labor Department's Solicitor's Office, rather than MSHA personnel, had selected and grouped…
Daniel B. Lowe v. Veris Gold USA, Inc.
One amended retaliation claim allowed to proceed
Daniel Lowe sought to add several allegations and requested remedies to his private Mine Act discrimination complaint against Veris Gold. Judge William B. Moran applied Commission precedent requiring new claims in a section 105(c)(3) action to have been presented to and investigated by MSHA. He…
Secretary of Labor v. West Ridge Resources, Incorporated
Missed scrubber check brings $30,000 penalty
West Ridge Resources operated an underground coal mine where a crew cut 30 feet before completing the required scrubber-velocity check on a continuous miner. Judge Jacqueline R. Bulluck credited the MSHA inspector's account and found that the foreman's instruction to start mining violated 30 C.F.R…
Secretary of Labor v. Buzzi Unicem USA
Misaddressed penalty contest reopened
Buzzi Unicem sought to reopen a proposed penalty assessment that had become a final Commission order after the 30-day contest period expired. The company said it had prepared a timely contest but mistakenly sent the notice, together with payment for the uncontested penalties, to MSHA's payment…
Secretary of Labor v. Hanson Aggregates Southeast, LLC
Prompt reopening request granted
Hanson Aggregates missed the 30-day deadline to contest an MSHA penalty assessment. The company attributed the delay to unusual circumstances involving third-party engineers hired to evaluate the cited conditions and return visits by inspectors who monitored abatement. Hanson asked to reopen the…
Gestamp Alabama, LLC
Lockout citation vacated for lack of hazard exposure proof
Gestamp Alabama manufactured auto parts with a 400-ton mechanical blanking press at its McCalla facility. Operators periodically entered a fenced scrap area to remove rejected metal, normally using a captive-key system that powered down the press before opening the gate. OSHA observed an operator…
Secretary of Labor v. ARJ Construction Company, Inc.
Calendar-entry error excused
ARJ Construction missed the deadline to contest an MSHA penalty assessment because its counsel entered January 23 instead of January 15 in the office scheduling system. ARJ said the isolated entry mistake did not reflect unreliable procedures because the office had reliably scheduled hundreds of…
Secretary of Labor v. David Vukmanic, formerly employed by Consolidation Coal Company
Secretary of Labor v. David Vukmanic (FMSHRC WEVA 2014-1998): Wrong-address assessment never became final
MSHA proposed an individual penalty against former Consolidation Coal employee David Vukmanic under section 110(c) of the Mine Act. Vukmanic asked to reopen after learning that MSHA had mailed the assessment to the wrong address. The Secretary confirmed the addressing error and reported that…
Secretary of Labor v. Justin Hershman, formerly employed by Consolidation Coal Company
Secretary of Labor v. Justin Hershman (FMSHRC WEVA 2014-1997): Wrong-address individual assessment remained open
MSHA proposed an individual penalty against former Consolidation Coal employee Justin Hershman under section 110(c) of the Mine Act. Hershman asked to reopen after learning that MSHA had mailed the assessment to the wrong address. The Secretary confirmed the addressing error and reported that…
Secretary of Labor v. Eastern Associated Coal, LLC
Safety-manager transition excuses missed contest
Eastern Associated Coal missed the deadline to contest an MSHA penalty assessment during a change in safety personnel. The safety manager responsible for reviewing citations and deciding which penalties to contest was on medical leave. A replacement manager had begun assuming those duties shortly…
Secretary of Labor v. Montana Rock & Stone, LLP
Missing citation copies justify reopening
Montana Rock & Stone received an MSHA penalty contest form listing citation numbers and proposed penalties but said it did not receive many of the underlying citations. Without the citation documents, the operator said it could not determine which penalties to contest. It sent MSHA a letter…
Secretary of Labor v. U.S. Silver - Idaho, Inc.
Misaddressed contest reopened
U.S. Silver - Idaho sought to reopen an MSHA penalty assessment that had become a final Commission order. The company said a clerical error caused its timely contest notice to be combined with payment for uncontested penalties and sent to MSHA's payment office instead of the civil-penalty…
Secretary of Labor v. Petro Chemical Insulation, Inc.
Shutdown-delayed contest remained timely
Petro Chemical Insulation attempted to contest an MSHA penalty assessment during the October 2013 federal government shutdown. The company produced a UPS delivery report and said it had requested a conference and repeatedly followed up with MSHA. The Secretary confirmed that the contest was…
Secretary of Labor v. Barnhill Contracting Company
First-time assessment mistake excused
Barnhill Contracting contested an MSHA citation but did not separately contest the later proposed penalty assessment. The company said it was unfamiliar with the two-step process and failed to send the assessment to counsel. Barnhill attributed the mistake to inexperience because this was the first…
Secretary of Labor v. U.S. Silica Company
Contest sent with payment accepted for reopening
U.S. Silica sought to reopen an MSHA penalty assessment that had become a final Commission order. The company said a clerical error caused its timely contest notice to be combined with payment for uncontested penalties and mailed to MSHA's payment office instead of its civil-penalty compliance…
Secretary of Labor v. River View Coal, LLC
Contest lost in payment mailing reopened
River View Coal said it mailed payment for several MSHA citations together with a contest form identifying the citations it wished to challenge. A mailing error allegedly prevented the Secretary from receiving the contest notice, and the assessment became a final Commission order. MSHA's payment…
Matter of Bouchra AGOUR, Respondent
Matter of Bouchra AGOUR (BIA ID 3837): adjustment of status counts as admission for a fraud waiver
The Board reviewed a Moroccan respondent's removal case after she adjusted to conditional lawful permanent resident status through her marriage to a United States citizen and later admitted submitting a fraudulent lease in support of her petition to remove the residence conditions. The Immigration…
Tewa Women United, Dr. Maureen Merritt, and Concerned Citizens for Nuclear Safety
In re Tewa Women United, Dr. Maureen Merritt, and Concerned Citizens for Nuclear Safety (EAB CAA Appeal No. 15-03): petition dismissed for lack of jurisdiction
Tewa Women United, Dr. Maureen Merritt, and Concerned Citizens for Nuclear Safety asked the Environmental Appeals Board to review New Mexico Title V Operating Permit No. P100-R2. The permit was issued by the New Mexico Environment Department for the U.S. National Nuclear Safety Administration’s…
The Home Depot #8954
Forklift-light violation reduced from repeat to serious
Home Depot used an electric reach truck to unload trailers at its Dublin, Georgia store after the truck's optional headlights stopped working. The receiving manager knew about the defect for at least a week but kept the truck in service, even though testing showed trailer illumination was below two…
Matter of J-H-J-, Respondent
Matter of J-H-J- (BIA ID 3836): adjustment of status does not bar a section 212(h) waiver
The Board reviewed a Chinese respondent's removal case after he adjusted his status to lawful permanent resident in the United States and was later convicted of assault in the first degree, which he conceded was an aggravated felony. The Immigration Judge found him ineligible for an inadmissibility…
CertainTeed Corporation
In re CertainTeed Corporation (EAB NPDES Appeal No. 15-01): permit review denied
CertainTeed Corporation operated a fiberglass and asphalt roofing-materials facility in Norwood, Massachusetts, that discharged to the Neponset River under an NPDES permit issued by EPA Region 1. The company challenged the timing of grab sampling, whole effluent toxicity testing requirements, and…
Matter of Margarita Del Pilar FITZPATRICK, Respondent
Matter of Margarita Del Pilar FITZPATRICK (BIA ID 3835): federal-election voting makes an alien removable without specific intent
The Board reviewed the removal case of a Peruvian respondent who became a lawful permanent resident, registered to vote in Illinois, and voted in a 2006 general election involving candidates for federal office. The Immigration Judge found her removable for voting in violation of federal law and for…
Secretary of Labor v. Spartan Mining Company, LLC
Three-year individual-liability delay gets 90-day deadline
Five citations issued to Spartan Mining on the same day had remained stayed while the Secretary investigated whether to seek individual liability against a mine foreman under section 110(c). More than three years had passed since the citations, compared with MSHA's policy of normally issuing…
Sean Miller v. Savage Services Corporation
Harassment claim survives summary decision
Sean Miller alleged that Savage Services harassed and retaliated against him after he removed unsafe commercial vehicles from service and refused to operate an overweight or uncleared replacement truck. Savage sought summary decision, arguing that the MSHA complaint was late, no actionable adverse…
Ramco Erectors, Inc.
Repeat fall-protection item vacated for lack of employer knowledge
A Ramco Erectors employee fell about 28 feet from a building under construction in Spring, Texas and sustained a broken elbow and femur. The employee wore a harness and double lanyard and had proper attachment points available, but a gust lifted insulation and distracted him as he mistakenly…
Secretary of Labor v. Alden Resources, LLC
Fan, lifeline, examination, and dust violations bring $8,262
MSHA issued five citations at Alden Resources' low-seam underground coal mine after a rock-fall cleanup and later inspections. Judge Thomas P. McCarthy affirmed an S&S violation for failing to reactivate an automatic signal on a ventilation fan, assessing $1,026, but vacated a related recordkeeping…
Secretary of Labor v. Spartan Mining Company, Inc.
One-day-late contest reopened despite repeat history
Spartan Mining filed its penalty contest one day after the assessment became a final Commission order. The company attributed the late filing to a clerical error, and the Secretary did not oppose reopening. The Commission noted that this was Spartan's fourth reopening request in two years based on…
Secretary of Labor v. Rockspring Development, Inc.
Amended contest wrongly treated as duplicate
Rockspring Development timely contested 21 proposed penalties and then filed an amended contest adding two more citations. MSHA received both filings but ignored the amendment because it mistakenly treated the document as a duplicate. The Secretary did not oppose relief and acknowledged the filing…
Secretary of Labor v. Gateway Eagle Coal Company
One-day mail-sorting delay excused
Gateway Eagle Coal filed its MSHA penalty contest one day after the assessment became a final Commission order. The company attributed the delay to an internal mail-sorting error. The Secretary did not oppose reopening but urged Gateway to improve its procedures for future 30-day deadlines. The…
Secretary of Labor v. Barrick Gold U.S., Inc.
MSHA deadline advice supports reopening
Barrick Gold told an MSHA field-office supervisor that it intended to contest three citations but asked that the proposed assessment be placed on hold until the inspection closeout conference. MSHA acknowledged that the supervisor mistakenly believed the 30-day penalty-contest deadline could be…
Secretary of Labor on behalf of Sean Miller v. Savage Services Corporation
Safety-complaint firing found discriminatory
Sean Miller drove molten-sulfur trucks for Savage Services and repeatedly raised concerns about worn brakes, air leaks, bald tires, an overweight load, an unsafe replacement truck, a sharp detour, and a leaking sulfur hose. He also filed an MSHA hazard complaint and an earlier discrimination…
Secretary of Labor v. Premier Magnesia, LLC
Missing contest reopened after prompt inquiry
Premier Magnesia said it timely contested ten citations and mailed payment for nine uncontested citations. MSHA had no record of receiving the contest, although its payment office received a check dated before the deadline. Premier discovered the problem from a delinquency letter and promptly…
Secretary of Labor v. Mach Mining LLC
Omitted citation added back to contest
Mach Mining received an assessment covering 23 citations and timely contested nine of them. It paid the uncontested penalties but inadvertently failed to mark Citation No. 8449103 for contest, while also leaving that citation's penalty unpaid. After MSHA sent a delinquency letter, Mach promptly…
Secretary of Labor v. Pete Lien & Sons, Inc.
Missing contest form excused
Pete Lien & Sons made a $2,730 partial payment for uncontested MSHA penalties on the contest deadline. The company acknowledged that it inadvertently failed to include the MSHA form identifying which other penalties it intended to contest. The Secretary did not oppose reopening but urged the…
Secretary of Labor v. Billy Jack's Sand & Gravel
Mistaken online filing still leads to reopening
Billy Jack's Sand & Gravel said it timely contested an MSHA penalty assessment through the agency's online filing system. The company produced an email confirming an online submission, but the Secretary reported that the confirmation covered a quarterly mine report rather than a penalty contest…
Midwest Fuels, Inc. v. Secretary of Labor and Secretary of Labor v. Midwest Fuels, Inc.
Midwest Fuels, Inc. v. Secretary of Labor (FMSHRC LAKE 2013-157-M, et al.): Fuel delivery driver was not a miner
Midwest Fuels delivered diesel and other fuels to equipment at a portable crushing operation. MSHA cited the company because driver Travis Pearson had site-specific hazard training but no certified new-miner or experienced-miner training. Judge L. Zane Gill held that Part 46 clearly excludes…
Virginia Drilling Company, LLC v. Secretary of Labor and Secretary of Labor v. Virginia Drilling Company, LLC
ANFO-truck fuel-leak penalty reduced to $37,416
An MSHA inspector found diesel fuel dripping from a worn line onto the exhaust manifold of Virginia Drilling's truck, which carried ammonium-nitrate/fuel-oil blasting agent over steep mine roads. Judge Thomas P. McCarthy held that the leaking line left the truck in unsafe operating condition and…
Secretary of Labor v. Hecla Limited and Secretary of Labor v. Doug Bayer, employed by Hecla Limited
Secretary of Labor v. Hecla Limited and Secretary of Labor v. Doug Bayer (FMSHRC WEST 2014-591-M, WEST 2012-760-M-A, WEST 2012-986-M): Ground-support violations draw $280,000
Hecla Limited mined beneath long sections of waste-rock pillars at its Lucky Friday Mine without engineering additional ground support. A massive fall of ground in one stope fatally injured miner Larry Marek. Judge Richard W. Manning held that Hecla violated 30 C.F.R. § 57.3360 in that stope and…
FutureGen Industrial Alliance, Inc.
In re FutureGen Industrial Alliance, Inc. (EAB UIC Appeal Nos. 14-68 to 14-71): Carbon-sequestration permits upheld
EPA Region 5 issued FutureGen Industrial Alliance, Inc. four Class VI Underground Injection Control permits for wells designed to inject and store carbon dioxide. The petitioners challenged the size of the modeled carbon-dioxide plume, the number and placement of monitoring wells, the Region's…
Aviall Services, Inc.
In re Aviall Services, Inc. (EAB TSCA Appeal No. 15-02C): $470,050 penalty paid and matter resolved
Aviall Services, Inc. faced an EPA Toxic Substances Control Act complaint alleging that it failed to comply with section 12(b) reporting requirements. The complaint proposed a $470,050 penalty. Aviall provided payment of the full amount, which waived its rights to contest the allegations and appeal…
Secretary of Labor v. Dulin Construction, Inc.
Gravel-blocked ladder citation affirmed at $100
A three-foot-deep pile of crushed gravel blocked the base of the only ladder to a conveyor head pulley and work platform at Dulin Construction's small gravel pit. The company said the pile also served as a berm protecting the ladder and conveyor from a wheel loader. Judge David F. Barbour held that…
Secretary of Labor v. Wake Stone Corp.
Two inoperative-horn penalties set at $100 each
MSHA found inoperative service horns on an excavator and a dozer at Wake Stone's Nash County Quarry. The Commission had already held that both conditions violated 30 C.F.R. § 56.14132(a) and remanded only for penalty assessment. Judge L. Zane Gill found low negligence and unlikely injury because…
Los Alamos National Laboratory
In re Los Alamos National Laboratory (EAB NPDES Appeal No. 14-02): petition dismissed after permit modification
The U.S. Department of Energy and Los Alamos National Security, LLC petitioned the Environmental Appeals Board over NPDES Permit No. NM 0028355. After discussions with the petitioners, EPA Region 6 modified the permit to remove the requirements they challenged. The parties jointly asked the Board…
Brand Energy Solutions LLC
Scaffold housekeeping item vacated under specific-standard preemption
Brand Energy Solutions installed insulation at a Texas refinery after Hurricane Ike damaged existing insulation across a large area. The Commission held that the project was construction work because it was large, complex, nonroutine, and included installation of new insulation. OSHA cited Brand…
Wal-Mart Distribution Center #6016
Site-specific PPE assessment affirmed, three equipment items vacated
Wal-Mart relied on a personal-protective-equipment hazard assessment performed at an Arkansas distribution center as a global assessment for its New Braunfels, Texas facility. The Commission affirmed the hazard-assessment item because Wal-Mart had not verified that conditions at the two locations…
Secretary of Labor v. Regent Allied Carbon Energy, Incorporated
Unlocked cable-work citation affirmed at $11,500
During a mine-wide power outage, a Regent Allied foreman directed unqualified miners to handle, inspect, and re-tape splices along a shuttle-car trailing cable without locking and tagging out the cable's disconnect. Power was restored while the work area was not visible from the power center…
Secretary of Labor on behalf of J. Don Arnold v. BHP Navajo Coal Company and Its Successors
Secretary of Labor on behalf of J. Don Arnold v. BHP Navajo Coal Company (FMSHRC CENT 2013-541-D): Safety-complaint retaliation results in $20,000 penalty
Electrician and miners' representative J. Don Arnold repeatedly raised concerns about an open fan motor in BHP Navajo Coal's laboratory, helped cause a section 103(g) inspection, and supplied photographs to MSHA. BHP then held him out of service indefinitely without pay, although it later paid him…
Delek Refining, Ltd.
Four refinery safety items affirmed and two vacated
OSHA cited six conditions at Delek's Texas oil refinery under the process safety management, machine guarding, and hazard communication standards. The Commission affirmed PSM items for failing to resolve process-hazard-analysis and audit findings inherited from the prior owner, holding that the…
Turpin, Inc.
Unprotected excavation violation reduced from willful to serious
A newly hired Turpin employee entered an 8.7-foot excavation in unstable soil to mark grade points before a trench box was installed. The judge found constructive employer knowledge because Turpin rarely inspected jobsites, inadequately trained workers, and showed no credible system for monitoring…
Shamokin Filler Company, Inc. v. Secretary of Labor and Secretary of Labor v. Shamokin Filler Company, Inc. and Secretary of Labor v. William Rosini, employed by Shamokin Filler Company, Inc.
Shamokin Filler Company, Inc. v. Secretary of Labor, et al. (FMSHRC PENN 2011-129-M, et al.): Jurisdiction stay lifted and $70,900 ordered paid
A 2012 final decision resolving dozens of Shamokin Filler contest and penalty proceedings was stayed while the company challenged MSHA's jurisdiction over its carbon plant. After the Third Circuit affirmed jurisdiction and the Supreme Court denied review, Judge John Kent Lewis lifted the stay. He…
Secretary of Labor v. The American Coal Company
Operator's appeal dismissed and safeguard issues remanded
The Commission had granted American Coal's petition to review proceedings covering more than 70 citations and then stayed briefing. American Coal later moved without opposition to dismiss its appeal, agreed to pay penalties consistent with three 2011 ALJ decisions, and said the parties had amicably…
Matter of Ulices MONTIEL, Respondent
Matter of Ulices MONTIEL (BIA ID 3834): proceedings may be administratively closed during a direct criminal appeal
The Board considered a joint request to administratively close removal proceedings while the respondent pursued a direct appeal of the criminal conviction underlying the removal charge. The respondent, a lawful permanent resident from Mexico, had been convicted of unlawfully transporting aliens and…
Matter of Cristoval SILVA-TREVINO, Respondent
Matter of Cristoval SILVA-TREVINO (BIA ID 3833): Attorney General vacates the three-step moral-turpitude framework
The Attorney General reviewed the prior opinion in the removal case of a respondent whose Texas conviction for indecency with a child had been treated as a crime involving moral turpitude under a three-step framework. The Fifth Circuit later rejected that framework because it allowed adjudicators…
Secretary of Labor v. Rockhouse Energy Mining
Rib-control penalty reduced to $100, preshift citation vacated
A miner was injured by falling rib material while Rockhouse Energy was rehabilitating an idle section before resuming production. Judge L. Zane Gill found that the inspector exaggerated widespread rib and brow conditions after the accident and that neutral and mine witnesses had not observed a…
Alpha Highwall Mining, LLC and Revelation Energy, LLC, successor in interest v. Secretary of Labor and Secretary of Labor v. Alpha Highwall Mining, LLC and Revelation Energy, LLC, successor in interest
Alpha Highwall Mining, LLC and Revelation Energy, LLC v. Secretary of Labor (FMSHRC KENT 2012-1207-R, et al.): Safety-equipment settlement held pending proof
Alpha Highwall and successor Revelation Energy proposed resolving two highwall-safety citations by converting both section 104(d)(1) actions to section 104(a) citations and reducing the penalty from $90,000 to $5,000. Revelation also committed at least $55,000 for handheld radios, cameras, and…
Matter of SIMEIO SOLUTIONS, LLC
A worksite change requiring a new labor condition application is material
The Administrative Appeals Office reviewed the revocation of an H-1B petition for an information technology services company. The petition identified Long Beach, California, as the beneficiary's worksite, but the company later reported worksites in Camarillo, California, and Hoboken, New Jersey…
Matter of CHRISTO’S, INC.
Fictitious marriage documents alone do not trigger the marriage-fraud bar
The Administrative Appeals Office reviewed an immigrant-worker petition for a restaurant seeking to employ a beneficiary as a cook. The beneficiary had been named in a separate marriage-based petition supported by a fictitious marriage certificate, but he credibly established that he had never met…
Matter of LEACHENG INTERNATIONAL, INC.
Related-company services can establish that a petitioner is doing business
The Administrative Appeals Office reviewed an immigrant-worker petition by a United States subsidiary of a Chinese clothing manufacturer seeking to employ a beneficiary as a multinational manager or executive. The Director denied the petition after finding that the petitioner had not been doing…
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.