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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Wisconsin Industrial Sand Co. v. Secretary of Labor
Expedited hearing denied for abated citation
Wisconsin Industrial Sand contested an escapeway citation and requested an expedited hearing because it viewed abatement as expensive or unnecessary and believed MSHA may have abused its discretion. Judge Thomas P. McCarthy found no extraordinary or unique circumstances requiring faster treatment…
Hagerstown Aircraft Services, Inc.
In re Hagerstown Aircraft Services, Inc. (EAB RCRA (3008) Appeal No. 14-01): default order adopted and penalty affirmed
EPA Region 3's Regional Judicial Officer found Hagerstown Aircraft Services, Inc. in default for failing to answer an RCRA enforcement complaint. The Environmental Appeals Board reviewed the default because of the two-year delay in issuing it, the death of Hagerstown's president and owner, and the…
Secretary of Labor v. Pattison Sand Company, LLC
Unwarrantable-failure citation reopened after payment error
Pattison Sand intended to contest an unwarrantable-failure citation but its human resources director mistakenly routed the assessment to accounting for payment. The company discovered the error shortly after the assessment became final, when MSHA began an individual-liability investigation. The…
Secretary of Labor v. ICG Hazard, LLC
Unwarrantable designation removed and penalty capped at $70,000
Two orders involving missing water sprays and inadequate water pressure on continuous miners remained under review. For Order No. 8315597, the ALJ affirmed unwarrantable failure without analyzing all relevant factors, and the Secretary effectively conceded that the record did not prove aggravated…
Secretary of Labor v. Buckley Powder Company
One-week-late citation contest reopened
Buckley Powder missed the deadline to contest Citation No. 8478099 by one week because of an administrative oversight. The assessment became a final Commission order before the company requested relief. The Secretary did not oppose reopening and urged Buckley to adopt procedures that would prevent…
Secretary of Labor on behalf of Cameron Garcia v. Veris Gold U.S.A., Inc.
Economic reinstatement ends when MSHA declines case
Cameron Garcia had been temporarily economically reinstated while MSHA investigated his discrimination complaint against Veris Gold. The parties' agreement provided that reinstatement would end if the Secretary declined to pursue a merits case. MSHA later found insufficient evidence, and Veris Gold…
Secretary of Labor v. Frontier-Kemper Constructors, Inc.
Late contest sent to payment center reopened
Frontier-Kemper's penalty assessment became final after the contest deadline passed. The company later sent a contest to MSHA's payment center, which received a form postmarked shortly after the assessment became final. The Secretary did not oppose reopening but urged Frontier-Kemper to send future…
Secretary of Labor v. D&S Mining & Exploration
Address failures lead to reopening and warning
D&S Mining said it never received a proposed assessment and discovered the delinquency through a collection notice. The assessment had been sent to its address of record, but the delivery address was changed by hand and the package was refused; later mailings to another address were returned…
Secretary of Labor v. D & S Mining & Exploration
Misaddressed assessment reopened with final warning
D & S Mining said it never received a proposed assessment and discovered the delinquency through a collection notice. The assessment had been sent to its address of record, but the delivery address was changed by hand and the package was refused; later mailings to another address were returned…
Secretary of Labor v. Ameron Hawaii
Assessment lost in interoffice mail reopened
Ameron Hawaii's proposed assessment became final after it was inadvertently lost in the company's interoffice mail. The company discovered the error when MSHA sent a delinquency notice. The Secretary did not oppose reopening and urged Ameron to strengthen its contest procedures. The Commission…
Secretary of Labor v. Twentymile Coal Company
Inadequate belt examination affirmed on remand
The Commission reinstated an order involving an on-shift examination and sent the case back to determine whether Twentymile's examination was inadequate. Judge David F. Barbour found that extensive coal and dry coal-fines accumulations were present along the operating belt when the examination…
Secretary of Labor on behalf of Regald Robbins v. Alden Resources, LLC
Reinstatement tolled during mine shutdown
Regald Robbins had been temporarily reinstated at Alden Resources' Mine #3. The company later shut the mine down while it investigated whether enough low-ash coal remained to support further production, laying off Robbins and 43 other miners. Robbins did not oppose tolling the reinstatement order…
Secretary of Labor v. Limestone Dust Corp.
Assessment held for later mailing reopened
Limestone Dust received a proposed assessment but mistakenly waited for another assessment before forwarding both to counsel. The first assessment became a final Commission order before the company acted, and MSHA later sent a delinquency notice. The Secretary did not oppose reopening and urged the…
Secretary of Labor v. Nordic Industries, Inc.
Three equipment citations modified to $300 total
MSHA cited Nordic Industries for an unguarded platform opening, bent excavator footholds, and a badly damaged wheel-loader seatbelt. Judge Richard W. Manning upheld all three violations but reduced the platform citation's gravity and negligence to low because access was limited and the plant was…
Hecla Limited v. Secretary of Labor; Secretary of Labor v. Cementation USA, Inc.; Secretary of Labor v. Hecla Limited
Fire-hazard order and citation vacated
An arsonist set fire to a waste pile in Hecla's underground Lucky Friday Mine, prompting MSHA to cite Hecla and contractor Cementation for allowing waste to accumulate in quantities that could create a fire hazard. The mine was safely evacuated, and no one was injured. Judge L. Zane Gill found that…
Secretary of Labor v. Campbell County Highway Department
Loader leak and blocked walkway orders upheld
MSHA issued two withdrawal orders at Campbell County's quarry for hydraulic fluid pooled in a loader cab and rock debris covering an elevated hammer-mill walkway. Judge Alan G. Paez found the fluid violation S&S and unwarrantable because the leak had been documented for five months, the loader…
Secretary of Labor v. Black Beauty Coal Company
Four combustible-accumulation orders draw $125,077
MSHA issued four orders over 40 days for loose coal, coal fines, and float coal dust accumulating around energized conveyor tailpieces at Black Beauty's gassy Air Quality #1 Mine. Judge Alan G. Paez found that each condition violated the combustible-accumulations standard and was S&S because the…
Secretary of Labor v. Mach Mining, LLC
Escapeway charger and coal accumulations affirmed
MSHA cited Mach Mining for placing a battery charging station in a primary escapeway and for extensive coal accumulations at a belt-transfer point. Judge Alan G. Paez upheld high negligence on the charger citation because the standard expressly barred charging stations in primary escapeways, an…
Secretary of Labor v. Excel Mining, LLC
Three violations settled for $10,500
Excel Mining and the Secretary resolved three training and accident-reporting violations on the scheduled hearing date. The original proposed penalties totaled $12,143, and the parties agreed to $10,500 after placing their terms and supporting reasons on the record. Judge Alan G. Paez found the…
Lu Yuan, Inc. and Zhejiang Yongkang Luyuan Industrial & Trading, Co. Ltd.
In re Lu Yuan, Inc. and Zhejiang Yongkang Luyuan Industrial & Trading, Co. Ltd. (EAB CAA 14-03C): consent agreement ratified
The Environmental Appeals Board received a Consent Agreement resolving an EPA Clean Air Act enforcement matter against Lu Yuan, Inc. and Zhejiang Yongkang Luyuan Industrial & Trading, Co. Ltd. The Board incorporated the agreement by reference into a Final Order and ratified it under 40 C.F.R. §…
Bardav, Inc., d/b/a Martha's Vineyard Mobile Home Park
Willful cave-in violation affirmed after excavation collapse
Bardav employees entered an excavation to repair a leaking water pipe after a plumbing technician warned that the unstable soil required shoring. Water flooded the excavation, its walls collapsed, and two employees were injured. The Commission affirmed a willful cave-in protection violation because…
Ryder Transportation Services
Skylight citation vacated because construction standards applied
Ryder hired an electrical contractor to install circuits, wiring, switches, and other equipment at its vehicle-parts rebuild center. A contractor employee went onto the roof to test exhaust fans, fell through an unguarded skylight, and sustained fatal injuries. OSHA cited Ryder under a general…
United States Postal Service
Recordkeeping citation narrowed under FMLA confidentiality rules
OSHA cited the United States Postal Service for failing to enter two employees' work-related illnesses on required injury and illness forms. For one employee, the only document identifying the illness as work-related was a medical certification submitted for Family and Medical Leave Act leave. The…
Secretary of Labor v. Recon Refractory & Construction
Four electrical citations affirmed and examination citation vacated
RECON, a subcontractor at Drake Quarry, was cited for an ungrounded generator, missing continuity testing, damaged extension cords with exposed wiring, missing grounding prongs, and an alleged failure to perform workplace examinations. Judge Alan G. Paez held RECON strictly liable for the…
Secretary of Labor v. Signal Peak Energy, LLC
Briefing ordered on late-reporting penalty cap
An ALJ found that Signal Peak failed to notify MSHA within 15 minutes after a roof cave-in injured a miner and increased the proposed $51,400 penalty to $74,250. Both parties agreed that amount exceeded the $70,000 general maximum for a non-flagrant violation. The Commission identified a further…
Dessie L. Brumfield d/b/a Brumfield Properties, LLC
In re Dessie L. Brumfield d/b/a Brumfield Properties, LLC (EAB TSCA Appeal No. 13-04): Lead-disclosure violations added and penalty increased
EPA Region 5 appealed an administrative law judge's decision involving residential lead-based-paint disclosure requirements for housing owned by Dessie Brumfield. The ALJ found twenty violations but dismissed ten others after concluding that a contract to lease had to be written. The Board held…
Secretary of Labor v. Peabody Midwest Mining, LLC
Four mine-safety violations modified and $76,000 assessed
Peabody Midwest Mining contested four violations at its Francisco underground coal mine involving loose roof rock, entries wider than its approved roof control plan allowed, inadequate on-shift examinations, and an inoperative carbon monoxide sensor. Judge Richard W. Manning affirmed each…
United States Postal Service
Willful extreme-heat violation affirmed
A Postal Service letter carrier returned from a five-week absence and delivered mail during an excessive heat warning without an acclimatization period. He reported symptoms to his supervisor on two consecutive days, remained on his route, and died from hyperthermia on the second day. The judge…
Matter of Fidencio PINA-GALINDO, Respondent
Matter of Fidencio PINA-GALINDO (BIA ID 3816): multiple convictions barred cancellation of removal
The Board reviewed a Mexican respondent's appeal after an Immigration Judge found him removable and denied his application for cancellation of removal. The Board held that the statutory reference to an offense under section 212(a)(2) includes section 212(a)(2)(B), which covers two or more…
West Bay Exploration Co.
In re West Bay Exploration Co. (EAB UIC Appeal No. 14-66): permit review denied
Peter Bormuth challenged EPA Region 5’s permit allowing West Bay Exploration Company to construct and operate an injection well for brine wastewater from oil and gas operations in Jackson County, Michigan. He argued that the well could threaten underground drinking water supplies and endangered…
Matter of Gustavo Ribeiro FERREIRA, Respondent
Matter of Gustavo Ribeiro FERREIRA (BIA ID 3815): realistic-probability test required for drug removability
The Board reviewed a Brazilian respondent's removability based on a Connecticut conviction for selling illegal drugs. The state statute covered two opiate derivatives that were not included in the federal controlled-substance schedules when the conviction occurred. Applying the categorical…
Secretary of Labor v. Youngquist Brothers Rock, Inc.
Fall-protection citation upheld and penalty reduced
Youngquist Brothers Rock operated a surface sand, gravel, and limestone mine in Florida. An MSHA inspector saw a truck driver standing six to seven feet above the ground in a truck bed while shoveling material without a safety belt or line. Judge L. Zane Gill held that MSHA had jurisdiction because…
Secretary of Labor v. Youngquist Brothers Rock, Inc.
Fall-protection citation upheld and penalty reduced
Youngquist Brothers Rock operated a surface sand, gravel, and limestone mine in Florida. An MSHA inspector saw a truck driver standing six to seven feet above the ground in a truck bed while shoveling material without a safety belt or line. Judge L. Zane Gill held that MSHA had jurisdiction because…
Matter of Jonet DOMINGUEZ-RODRIGUEZ, Respondent
Matter of Jonet DOMINGUEZ-RODRIGUEZ (BIA ID 3814): marijuana exception required circumstance-specific review
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Cuban lawful permanent resident convicted of possessing more than one ounce of marijuana. The Board held that the exception for a single offense involving possession…
Dave's Plumbing, Inc.
Four serious ladder violations affirmed
Dave's Plumbing used an extension ladder to reach a roof at a construction site. The ladder extended only a few inches above the landing, was unsecured near an active doorway, and was climbed by an employee carrying an acetylene tank. The judge also found that the employee had not received…
Heave Ho Crane Company
Default set aside and case remanded
An administrative law judge entered a default against Heave Ho Crane Company after the self-represented employer did not submit a position statement and responded to a show-cause order without an affidavit. The employer maintained that it believed the matter had already been settled or withdrawn…
Matter of Ka A. PAEK, Respondent
Matter of Ka A. PAEK (BIA ID 3813): conditional admission triggers aggravated-felony bar
The Board reviewed a South Korean respondent's appeal after an Immigration Judge found him removable based on convictions for crimes involving moral turpitude and an aggravated felony. The respondent sought adjustment of status and a waiver of inadmissibility under section 212(h), arguing that his…
E.R. Zeiler Excavating, Inc.
Trench violations affirmed as serious, not willful
E.R. Zeiler Excavating had four employees working in an approximately 10-foot-deep trench without an adequate cave-in protection system or safe means of exit. The violations were not disputed on review, but the Secretary sought willful classifications based on the company's prior excavation…
Matter of E. E. HERNANDEZ, Respondent
Matter of E. E. HERNANDEZ (BIA ID 3812): gang-enhanced malicious vandalism is a crime involving moral turpitude
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Mexican national without prejudice. The respondent had been convicted in California of malicious vandalism with a gang enhancement requiring that the offense benefit a…
Secretary of Labor v. Higman Sand and Gravel, Inc. and Secretary of Labor v. Mike Huber, employed by Higman Sand and Gravel, Inc.
Secretary of Labor v. Higman Sand and Gravel, Inc. and Mike Huber (FMSHRC CENT 2012-080-M): Electrical-box citation modified and individual case dismissed
Higman Sand and Gravel operated an intermittent wash plant in Iowa where a damaged cover left a gap in a 480-volt electrical switch box near wet sand and standing water. Judge Richard W. Manning held that the admitted violation was significant and substantial because water or other material could…
Affinity Coal Company, LLC v. Secretary of Labor
Safeguard contests stayed pending Commission jurisdiction ruling
Affinity Coal Company filed five contests challenging MSHA notices to provide safeguards before any citations or orders had been issued for violating them. The Secretary argued that the Commission lacked jurisdiction until MSHA issued an enforcement citation or order, while Affinity argued that…
Secretary of Labor v. Emerald Coal Resources, LP
Commission approves $110,000 settlement
An ALJ found that Emerald Coal Resources allowed combustible material to accumulate and failed to record the hazardous accumulations during a preshift examination. The ALJ upheld both violations as significant and substantial and unwarrantable failures, assessing penalties of $90,000 and $40,000…
Secretary of Labor v. American Coal Company
Seven mine-safety citations decided and $9,782 assessed
American Coal Company contested seven citations at its underground New Era Mine involving a safeguard for supply-car clearance, roof and rib conditions, a ventilation-plan requirement, and combustible accumulations. Judge L. Zane Gill affirmed all seven violations but removed the…
Secretary of Labor v. Oak Grove Resources, LLC
Interlocutory review of flagrant-violation order denied
An ALJ set out proposed criteria for proving repeated flagrant violations and ordered the Secretary to file a prehearing statement applying those criteria. The ALJ later certified the order for interlocutory review after finding that the Secretary's statement did not clarify the controlling legal…
Secretary of Labor v. Pickett Mining Group
Tractor-guarding citation vacated for lack of Mine Act jurisdiction
Pickett Mining Group operated a commercial gold mine on property that also contained a separate recreational campground and gold-panning business. MSHA cited an antique tractor with unguarded fan blades and a drive belt while it was parked in a shared storage area near the mine. Judge Priscilla M…
Secretary of Labor, on behalf of Kenneth P. Lear, Jr. v. Kenamerican Resources, Inc.
Miner temporarily reinstated pending discrimination case
Kenneth Lear alleged that Kenamerican Resources ended his employment after he refused an assignment that he believed would disrupt mine ventilation and endanger miners. Kenamerican disputed that he received the assignment, engaged in protected activity, or was fired, arguing that he quit or was…
Secretary of Labor v. Carl Moore, employed by Calvary Coal Corporation
Secretary of Labor v. Carl Moore (FMSHRC VA 2012-356): Mine foreman ordered to respond or risk default
The Secretary sought a $3,300 individual penalty against Calvary Coal foreman Carl Moore under section 110(c) after combustible accumulations were cited at the mine. Judge Jerold Feldman explained that Moore's knowledge of the accumulations might support the operator's unwarrantable-failure finding…
Secretary of Labor v. Lhoist North America of Virginia, Inc.
Five blasting-rig violations affirmed and $44,040 assessed
After its regular blasting rig failed, Lhoist directed miners to convert a Ford pickup into a temporary rig for transporting and loading ANFO explosive material. Judge Priscilla M. Rae upheld five violations involving unsafe access to the ANFO tank, missing pressure-relief and pressure-indicating…
Dickenson-Russell Coal Co., LLC v. Secretary of Labor
Direct safeguard contest dismissed for lack of jurisdiction
Dickenson-Russell Coal challenged an MSHA notice requiring sanding devices on certain track-mounted personnel carriers before MSHA issued any citation or order for violating the safeguard. The operator argued that the safeguard functioned like a citation and that due process required immediate…
Footprint Power Salem Harbor Development, LP
In re Footprint Power Salem Harbor Development, LP (EAB PSD Appeal No. 14-02): PSD permit review denied
Massachusetts issued Footprint Power Salem Harbor Development, LP a Clean Air Act prevention-of-significant-deterioration permit for a combined-cycle electric generating facility in Salem, Massachusetts. Four petitioners challenged the best available control technology analysis, including limits…
Marshall J. Justice v. Gateway Eagle Coal Co.
Subpoena enforcement requested and continuance denied
Marshall Justice sought MSHA interview memoranda and related documents for his miner-filed discrimination case after the Secretary declined to produce them for the judge's private review. Judge David F. Barbour found the narrowed materials relevant and discoverable and concluded that resolving the…
United Mine Workers of America, on behalf of Mark A. Franks v. Emerald Coal Resources, LP United Mine Workers of America, on behalf of Ronald M. Hoy v. Emerald Coal Resources, LP
UMWA on behalf of Mark A. Franks and Ronald M. Hoy v. Emerald Coal Resources, LP (FMSHRC PENN 2012-250-D): Discipline for withholding fireboss names violated miners' rights
Mark Franks and Ronald Hoy confidentially reported suspected inadequate preshift examinations to their union safety representative and later refused repeated demands to identify the firebosses during MSHA and company investigations. Emerald Coal suspended each miner for seven days without pay, and…
Secretary of Labor v. Uehlin Quarry
Seven violations upheld and $20,124 assessed after crusher accident
A Uehlin Quarry truck driver was permanently paralyzed after a steel pry bar struck him while miners cleared a rock jam with the crusher's impeller still running. Judge L. Zane Gill upheld seven violations involving powered-equipment maintenance, fall protection, machine guarding, an unprotected…
Secretary of Labor v. Brody Mining, LLC
Pattern-of-violations rule upheld against facial and retroactivity challenges
Brody Mining challenged MSHA's 2013 pattern-of-violations rule after receiving a notice based on numerous significant-and-substantial citations and resulting withdrawal orders. The Commission held that section 104(e) permits MSHA to consider citations and orders before they become final Commission…
Secretary of Labor v. Recon Refractory & Construction
Four electrical citations affirmed and examination citation vacated
RECON, a subcontractor at Drake Quarry, was cited for an ungrounded generator, missing continuity testing, damaged extension cords with exposed wiring, missing grounding prongs, and an alleged failure to perform workplace examinations. Judge Alan G. Paez held RECON liable for the electrical…
Town of Concord Department of Public Works
In re Town of Concord Department of Public Works (EAB NPDES Appeal No. 13-08): Aluminum and pH limits remanded
EPA Region 1 issued the Town of Concord, Massachusetts, an NPDES permit for discharges from its wastewater treatment plant to the Concord River. Concord challenged limits for aluminum, pH, wastewater flow, and di(2-ethylhexyl) phthalate monitoring, along with sewage-collection mapping, operations…
Secretary of Labor v. Marfork Coal Company, Inc.
Unguarded conveyor shaft violation affirmed and settlement approved
At Marfork's Allen Powellton Mine, an inspector found that a loose rubber guard did not fully cover a rotating shaft at a conveyor tail pulley. Judge Margaret A. Miller held that the condition violated 30 C.F.R. § 75.1722(b) because miners cleaned the area every shift while the belt ran and could…
Mona Kerlock v. Asarco, LLC
Dust-complaint discrimination case survives dismissal request
Mona Kerlock alleged that she and other miners complained about dust near mine work areas and that Asarco later placed her on medical leave without full pay instead of assigning her elsewhere. Asarco sought dismissal, arguing that her health complaints were personal rather than protected…
Secretary of Labor v. Twentymile Coal Company
Cable-insulation and sprinkler citations vacated
MSHA issued two citations because Twentymile had not manually wrapped extra insulation around communication cables where they crossed power conductors, plus a third citation for rock dust on fire-suppression sprinklers. The Commission held that 30 C.F.R. § 75.516-2(c) requires sufficient additional…
Secretary of Labor v. Twentymile Coal Company
Examination issue remanded and cable-insulation citation vacated
MSHA cited Twentymile Coal for an allegedly inadequate on-shift examination and for a communication cable that crossed power cables without added insulation. The Commission held that the judge misunderstood the shift evidence because Twentymile's own representations showed that the cited…
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.