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. Sequoia Energy, LLC
Mobile-equipment penalties reassessed after Commission remand
The Commission vacated $8,300 in penalties for four significant-and-substantial mobile-equipment citations at Sequoia Energy's Kentucky coal preparation plant and remanded for a clearer penalty analysis. Judge Jerold Feldman explained that his earlier reference to prior proposed penalties was…
North County Sand & Gravel, Inc. v. Secretary of Labor, MSHA
EAJA eligibility granted after unjustified special assessment
North County Sand & Gravel sought attorney fees and expenses after the judge reduced an MSHA fall-protection penalty from the Secretary's original $35,500 demand to $3,500 and modified several citation designations. Judge Richard W. Manning held that North County was a prevailing party because the…
Secretary of Labor on behalf of Lucero Zambonino v. Colonial Mining Materials, LLC and Infinity Mining Materials, LLC
Successor operators ordered to temporarily reinstate scale clerk
Lucero Zambonino worked as a ticketing agent at a Florida sand and shell mine and complained about safety and sanitation conditions before MSHA inspected the operation. Colonial Mining Materials ended her employment shortly afterward, and the parties stipulated that her discrimination complaint was…
Christopher Pulliam and Deborah L. Pulliam v. Sterling Materials
Miner-witness recording ordered for private review
Sterling Materials sought an audio recording that Christopher Pulliam planned to play at the discrimination hearing, while Pulliam argued that disclosure would identify a miner and risk retaliation. Judge John Kent Lewis held that the miner-informant privilege in Rule 61 belongs to the government…
Secretary of Labor on behalf of Fred McKinsey v. Pretty Good Sand Company, Inc.
Maintenance mechanic temporarily reinstated after safety complaints
Fred McKinsey reported mobile-equipment and highwall safety concerns to the owner of Pretty Good Sand Company and later contacted MSHA, prompting an inspection of the North Carolina sand pit. He said that management then began criticizing and harassing him, demoted him from supervisor, reduced his…
Secretary of Labor v. Farnham & Pfile Construction, Inc.
Filing error excused and penalty assessment reopened
Farnham & Pfile Construction received an MSHA proposed penalty assessment on May 1, 2013, but did not contest it within 30 days, so it became a final Commission order. The company's vice president said his filing error caused the late response on June 27. The Secretary did not oppose reopening but…
G. Santos Masonry, Inc. d/b/a Roberto Santos
Late contest dismissed despite shutdown confusion
OSHA issued G. Santos Masonry ten serious items with $13,600 in proposed penalties. An informal conference was canceled during the 2013 federal government shutdown, and OSHA internally extended the contest deadline but did not notify the company of the new date. The judge recognized that this…
KSP Enterprises, Inc.
Willful excavation violation affirmed
KSP Enterprises had workers in a 6.7-foot-deep excavation with nearly vertical Type B soil walls and no cave-in protection. The company argued that it was a family business without employees, but the judge found that a working co-owner was an employee and that another worker was also an employee…
Secretary of Labor v. Nevada Ready Mix Corporation
Unknown recipient signature excused and assessment reopened
MSHA records showed that Nevada Ready Mix's proposed assessment was delivered on May 7, 2013, but the company said an unknown person signed for it. Nevada discovered the delinquency on June 18 after receiving a different proposed assessment and sought reopening shortly afterward. The Secretary did…
Secretary of Labor v. HR Wagstaff Company, Inc.
Assessment never became final after address error
HR Wagstaff asked the Commission to reopen a proposed penalty assessment it said it never received because MSHA mailed it to a Colorado address rather than the company's Utah address of record. The Secretary discovered an error in the contractor-ID posting and withdrew his opposition. The…
Secretary of Labor v. Luminant Mining Company, LLC
Vacation oversight excused despite dissent over repeated mistakes
Luminant Mining failed to timely contest a proposed assessment after an administrative assistant returned from vacation and overlooked it. The Commission majority reopened the assessment in the interest of justice and remanded for a penalty petition, but warned that the company's bare explanation…
Secretary of Labor on behalf of Joshua D. Burkhart v. Peabody Midwest Mining, LLC
Injured ram-car driver temporarily reinstated after work refusal
Joshua Burkhart injured his shoulder while hanging cable at Peabody Midwest Mining's Francisco underground mine and received light-duty restrictions and medication that impaired driving and machinery operation. He said management nevertheless pressed him to work underground, while Peabody said it…
Fred Estrada v. Runyan Construction
Stay denied and damages schedule set after liability ruling
Judge William B. Moran had already found Runyan Construction liable for discriminating against Fred Estrada but retained jurisdiction until the parties resolved reinstatement, back pay, fees, and other relief. Runyan sought a stay and filed a petition for Commission review before the judge entered…
Boulder Scientific Company
In re Boulder Scientific Company (EAB TSCA Appeal No. 14-01C): $14,450 penalty paid and matter resolved
EPA alleged that Boulder Scientific Company violated sections of the Toxic Substances Control Act involving chemical reporting and enforcement requirements. The complaint sought a $14,450 civil penalty. Boulder Scientific paid the penalty in full, which waived its rights to contest the allegations…
Martin County Coal Corporation v. Secretary of Labor
Roof and rib citations modified, examination order vacated
MSHA cited Martin County Coal for unsupported roof and rib conditions along three conveyor belts and for inadequate on-shift examinations at its Voyager No. 7 underground mine. Judge Jerold Feldman credited the issuing inspectors enough to affirm the three roof-and-rib violations as significant and…
Fred Estrada v. Runyan Construction, Inc.
Premature review petition denied while damages remained pending
An ALJ found that Runyan Construction discriminated against Fred Estrada but retained jurisdiction to determine specific remedies and monetary damages. Runyan filed a petition for discretionary review before that relief was resolved. The Commission denied the petition because section 113(d) permits…
Secretary of Labor on behalf of Charles Riordan v. Knox Creek Coal Corporation
Economic reinstatement denied without agreed offset terms
After Charles Riordan was ordered temporarily reinstated, Knox Creek Coal proposed economic reinstatement instead of returning him to work. The parties could not agree whether income from other employment should reduce Knox Creek's payments, and both the Secretary and Riordan opposed the company's…
American Phoenix, Inc.
Combustible-dust citation partly affirmed
American Phoenix manufactured custom rubber compounds using mixers, hoppers, and multiple dust-collection systems. OSHA alleged that combustible dust in the collectors created fire and explosion hazards under the general duty clause. The judge found fire hazards in the Rotoclone, Pre-Weigh, and…
Secretary of Labor v. The American Coal Company
Mine-fire rulings vacated for lack of briefing opportunity
MSHA issued a section 103(k) order after inspectors observed smoldering combustion on a coal stockpile and cited The American Coal Company for failing to report the event immediately. The Commission had previously held that a mine fire can include smoldering combustion with a reasonable potential…
Secretary of Labor on behalf of Joshua D. Burkhart v. Peabody Midwest Mining, LLC
Merits defenses excluded from temporary-reinstatement hearing
Before Joshua Burkhart's temporary-reinstatement hearing, the Secretary moved to exclude evidence that Peabody Midwest Mining offered to justify the discharge and establish affirmative defenses. Judge Priscilla M. Rae explained that the preliminary hearing asks only whether the discrimination…
Secretary of Labor v. Sequoia Energy, LLC
Mobile-equipment penalties vacated over outdated comparison baseline
An ALJ affirmed four S&S citations involving defective exhaust and lighting, mirrors, hydraulic-oil accumulation, and an inoperative backup alarm on Sequoia Energy refuse trucks, but substantially reduced the proposed penalties. The Commission majority held that the judge improperly used older…
Secretary of Labor v. Wake Stone Corporation
Duplicate official release of horn-maintenance decision
This is a second official FMSHRC posting of the same April 18, 2014 Wake Stone decision separately listed in the agency archive. The Commission held that inoperative horns violated section 56.14132(a) even though the defects were found during pre-operational checks before the excavator and dozer…
Secretary of Labor v. Wake Stone Corporation
Inoperative horns violated maintenance rule despite pre-use discovery
An MSHA inspector found that service horns on a Wake Stone excavator and dozer did not work during pre-operational examinations conducted immediately before the equipment inspection. An ALJ vacated the citations because the checks found the defects before the machines were operated and he believed…
Ronald E. Keim, III v. Cordero Mining, LLC
Discrimination complaint dismissed for lack of causal link
Ronald Keim, a welder at Cordero Mine, claimed that the company unfairly disciplined him after he complained that a coworker created a hostile environment that made safe work more difficult. His Mine Act discrimination complaint was filed 108 days after the final warning, 48 days beyond the…
Secretary of Labor v. Big Ridge, Inc. (amended)
Secretary of Labor v. Big Ridge, Inc. (FMSHRC LAKE 2013-66, et al.): Eight litigated violations resolved and 25 others settled
Big Ridge operated the underground Willow Lake Portal coal mine, where MSHA issued 33 contested violations with proposed penalties totaling $801,018. The parties settled 25 violations for $296,571, while Judge David P. Simonton decided eight after a hearing. He affirmed several accumulation…
Manuel A. Garza v. Hanson Aggregates, LLC
Retaliatory discharge found after safety complaints
Manuel Garza worked at Hanson Aggregates' Servtex Plant for 21 years and repeatedly raised concerns about wall scaling, fall protection, and other safety practices. The plant manager had criticized Garza for safety work that slowed production, demoted him, treated him harshly, and disciplined him…
Town of Uxbridge Wastewater Treatment Facility
In re Town of Uxbridge Wastewater Treatment Facility (EAB NPDES Appeal No. 13-06): petition dismissed after settlement
The Town of Uxbridge Sewer Commission sought review of an NPDES permit for the Uxbridge Wastewater Treatment Facility in Massachusetts. Uxbridge told the Environmental Appeals Board that it and EPA Region 1 had executed settlement terms and asked to withdraw its petition. Region 1 agreed to the…
Secretary of Labor v. Wolf Run Mining Company
Flagrant designation removed in $70,000 settlement
The Secretary and Wolf Run Mining proposed settling a civil penalty proceeding involving Order No. 6605922. Judge David F. Barbour approved the agreement, removed the order's flagrant designation, and reduced the penalty from $142,900 to $70,000. Wolf Run was ordered to pay within 30 days.
Robinson Masonry
Late contests dismissed
Two OSHA inspections resulted in seventeen serious items and one other-than-serious item against Robinson Masonry, with $22,400 in proposed penalties. The company attended an informal settlement conference but did not reach an agreement and did not submit a written contest within the 15-working-day…
Secretary of Labor v. Beckley Drilling & Blasting Services, Inc.
Citation contest reopened despite missing form
Beckley's president sent MSHA a letter contesting three citations, but enclosed the required contest form only for the assessment covering two of them. He sent a second letter contesting all three shortly after the penalty for Citation No. 8656936 became final, but the company did not discover the…
Secretary of Labor v. Meigs Mine Service, LLC
Two assessments reopened after staff medical issues
Meigs Mine Service missed the deadlines to contest two proposed penalty assessments. The company said three members of its safety management staff were experiencing medical issues, which caused the filing failures. The Secretary did not oppose reopening and urged Meigs to adopt reliable contest…
Secretary of Labor v. Art Wilson Company
Late-mailed penalty contest reopened
Art Wilson Company received a proposed penalty assessment on May 8, 2013, but its contest was postmarked four days after the June 7 deadline. The company representative said he had placed the form in outgoing mail on the deadline, and the Secretary did not oppose reopening while urging better…
Secretary of Labor v. G & R Mineral Services, Inc.
Mistaken combined contest allowed to proceed
G & R Mineral Services received two proposed penalty assessments, but its safety director mistakenly believed one contest covered both. After counsel identified the error and MSHA sent a late notice, the company promptly sought to reopen the assessment that had become final. The Secretary did not…
Secretary of Labor v. Mountainside Coal Company
Documented but unreceived contest reopened
Mountainside Coal said it timely mailed a penalty contest and supplied documentation of the mailing, but MSHA had no record of receiving it. After the assessment became final and MSHA sent a delinquency notice, the company asked the Commission to reopen the case. The Secretary did not oppose the…
Secretary of Labor v. Warrior Coal, LLC
Missed penalty contest reopened after internal mail error
Warrior Coal failed to contest a proposed penalty within 30 days because an unknown internal mail error kept the assessment from reaching its safety department. The assessment therefore became a final Commission order, but Warrior moved to reopen before MSHA mailed a delinquency notice. The company…
Secretary of Labor v. Peabody Caballo Mining, LLC
Ladder violation modified and conveyor citation vacated
MSHA cited two conditions at Peabody Caballo's Rawhide surface coal mine and proposed $734 in penalties. Judge Richard W. Manning found that pipes behind a fixed ladder left less than the required three inches of toe clearance and created an S&S fall hazard. Because the ladder and pipes had existed…
Ross Transport Co., Inc. and Arnold Steinman
In re Ross Transport Co., Inc. and Arnold Steinman (EAB RCRA (9006) Appeal No. 14-01): default order adopted and $23,821 penalty assessed
The EAB reviewed an Initial Decision and Default Order on its own initiative because the Board questioned whether Ross Transport Co., Inc. and Arnold Steinman had been properly served. EPA Region 3 supplied proof that the administrative complaint, Default Order, and motion for a Default Order had…
Sierra Pacific Industries, Anderson Division
In re Sierra Pacific Industries, Anderson Division (EAB PSD Appeal No. 14-01): Appeal dismissed for lack of jurisdiction
Celeste Draisner asked the Environmental Appeals Board to review what she described as a prevention of significant deterioration permit for Sierra Pacific Industries' Anderson, California, facility. The Board determined that the challenged document was instead a renewed Title V operating permit…
J. Reed Constructors, Inc.
Repeat aerial-lift tie-off violation affirmed
Two J. Reed Constructors employees installed exterior sheeting from an aerial lift about 35 feet above the ground without tying off. The company conceded the violation but disputed knowledge and asserted unpreventable employee misconduct. The judge found constructive knowledge because the condition…
Secretary of Labor on behalf of Charles Riordan v. Knox Creek Coal Corporation
Miner temporarily reinstated after ventilation complaints
Charles Riordan said Knox Creek Coal terminated him after he repeatedly complained to management about inadequate mine ventilation. Judge William B. Moran found credible evidence of protected safety activity, management hostility, termination, and a close enough timing relationship to connect the…
Secretary of Labor v. Banner Blue Coal Company
Reopening denied after unexplained six-month delay
Banner Blue Coal Company missed the deadline to contest a proposed penalty assessment after an administrative assistant failed to file the contest form. The Commission found that the lack of a procedure to confirm timely filing suggested an inadequate or unreliable internal system. Banner Blue also…
Matter of Siegfred Ara SIERRA, Respondent
Matter of SIERRA (BIA ID 3799): Nevada stolen-vehicle offense was not an aggravated felony
The Board reviewed a Filipino lawful permanent resident's appeal from an order of removal based on convictions for crimes involving moral turpitude and an alleged aggravated felony. The Board held that attempted possession of a stolen vehicle under Nevada law was not categorically a theft-offense…
Secretary of Labor v. The Doe Run Company
Default vacated and penalty case reopened
The Doe Run Company failed to answer the Secretary's petition for a civil penalty assessment, and an order to show cause became a default order. Doe Run said its safety director resigned and the replacement safety director discovered the missed filing after receiving a substitution-of-counsel…
Richard M. Robinson and Robert D. Haberlock v. Vulcan Construction Materials, LP, et al.
Late discrimination claims allowed to proceed
Vulcan Construction Materials sought dismissal of discrimination claims by miners' representatives Richard Robinson and Robert Haberlock as untimely. The miners had filed within the Mine Act's 60-day period, withdrawn after receiving information from an MSHA investigator, and later refiled through…
Alabama Salvage Auction Company, Inc., d/b/a Total Resource Auctions
Electrical and hazard-communication violations affirmed
Alabama Salvage employees used a shop vacuum in a wet car-wash area with an extension cord that had damaged insulation, exposed copper, and a severed grounding wire. The company admitted the electrical violations but argued they were not serious because the circuit had a ground-fault interrupter…
Secretary of Labor v. Elk Run Coal Company
Four roof-control violations affirmed with $172,944 penalty
MSHA cited four roof-control and examination violations in the primary escapeway at Elk Run Coal Company's Roundbottom Powellton Deep Mine. The conditions included an overwide entry with excessive roof-bolt spacing, loose draw rock above the lifeline, improperly installed wire mesh loaded with…
Secretary of Labor on behalf of Jose Villa v. Molycorp Minerals, LLC
Privileged investigation records withheld
Molycorp Minerals sought unredacted MSHA interview memoranda, witness statements, and an internal memorandum in a discrimination case brought for miner Jose Villa. Judge Alan G. Paez found that the disputed records were protected by the work-product privilege, the informant's privilege, or both…
Secretary of Labor v. Signal Peak Energy, LLC
Four citations vacated and one order modified
Signal Peak Energy contested five enforcement actions at its Bull Mountain Mine No. 1. Judge Richard W. Manning upheld a weekly-examination order because longstanding roof hazards were not corrected immediately, but reduced the likelihood finding from highly likely to reasonably likely and assessed…
Secretary of Labor v. Webster County Coal, LLC
Gas-detector citations require a factual hearing
MSHA cited Webster County Coal after three miners working alone were found with their required multi-gas detectors switched off. The operator argued that the standard required only furnishing functioning detectors, so the citations should be dismissed as a matter of law. Judge Priscilla M. Rae held…
LJC Dismantling Corp.
Overhead-hazard item affirmed, scaffold items vacated
LJC Dismantling employees took apart a rooftop water tank while another employee worked below on a scaffold. A cut metal tank strap swung around, struck the scaffold worker, and caused him to fall to the roof. The Commission vacated an improper-planking item because the scaffold existed only…
Secretary of Labor v. Black Beauty Coal Company
Three violations vacated and four modified
Black Beauty Coal Company contested seven enforcement actions at the Air Quality #1 Mine. Judge Richard W. Manning vacated a muddy-travelway citation because MSHA did not prove that less than 24 inches remained clear, and vacated two seal-examination orders because the cited flooding was not shown…
Matter of C-J-H-, Respondent
Matter of C-J-H- (BIA ID 3798): asylees cannot readjust after becoming permanent residents
The Board reviewed a Chinese respondent's appeal from an order of removal and the denial of his application to readjust status. He had entered the United States as an asylee, later adjusted to lawful permanent resident status, and then was convicted of conspiracy to traffic in counterfeit goods…
Secretary of Labor v. Eastern Associated Coal, LLC
Late penalty contest reopened
Eastern Associated Coal missed the deadline to contest a proposed penalty assessment. Its safety manager said he received the assessment later than MSHA's delivery record showed and believed the contest mailed on March 15 was timely. The Secretary did not oppose reopening and noted that Eastern…
Secretary of Labor v. Clean Harbors Environmental Services, Inc.
Separate assessment contest requirement excused
Clean Harbors Environmental Services did not separately contest a proposed penalty assessment because it believed its earlier contest of the underlying citations was sufficient. Counsel discovered the missed requirement after receiving MSHA's late notice. The company said it had corrected its…
Secretary of Labor v. South Akers Mining, LLC
Assessment reopened after consultant reported nonreceipt
South Akers Mining missed the deadline to contest a proposed penalty assessment. Its consultant said he did not receive the assessment and learned of the problem from MSHA's late notice, although MSHA received a contest form 12 days after the assessment became final. The Secretary did not oppose…
Secretary of Labor v. Continental Cement Company, LLC
Misrouted contest reopened
Continental Cement said it timely mailed its penalty contest with payment for uncontested penalties to MSHA's payment center in St. Louis. That office processes payments but does not recognize or process contest forms, so the assessment became final. Continental acted promptly after receiving a…
CSA Equipment Company, LLC
Forklift-hazard case remanded for abatement analysis
CSA Equipment used forklifts to move large steel coils while checkers worked nearby, and an employee was struck by a forklift and later died from his injuries. An administrative law judge affirmed a general duty clause citation after finding that moving the checking operation to a separate dock…
Energy Answers Arecibo, LLC (Arecibo Puerto Rico Renewable Energy Project)
In re Energy Answers Arecibo, LLC (EAB PSD Appeal Nos. 13-05 through 13-09): Permit remanded in part and review denied in part
EPA Region 2 issued Energy Answers Arecibo, LLC a PSD permit to construct and operate a resource recovery facility in Arecibo, Puerto Rico. Five petitions challenged the permit's scope, environmental justice analysis, public participation, administrative record, air-quality analysis, and specific…
Secretary of Labor v. Armstrong Coal Co., Inc.
Duplicate formatted release of 24-citation dismissal
This official release contains the same amended dismissal text as the separately posted kent-2013-185-alj release, with layout differences only. The Secretary failed to comply with an order requiring the parties to confer and submit joint stipulations, then did not explain the failure after an…
Secretary of Labor v. Armstrong Coal Co., Inc.
Twenty-four citations dismissed for ignored court order
Armstrong Coal sought relief after the Secretary failed to comply with an order requiring the parties to confer and submit joint factual stipulations within 45 days. Months passed without the required conference, and the Secretary acknowledged delay but did not explain the failure after an order to…
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.