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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American Lifan Industry, Inc.
In re American Lifan Industry, Inc. (EAB CAA Appeal No. 14-02C): Consent Agreement ratified
American Lifan Industry, Inc. resolved an EPA Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice. The company was ordered to comply with every term…
Emerald Coal Resources, LP v. Secretary of Labor
Second amended decision assesses $8,143
Emerald Coal Resources failed to keep deteriorated structural columns in its preparation plant in good repair and failed to provide a multi-gas detector to a separate group of four contractors working underground. Judge William S. Steele affirmed both citations. He found the structural violation…
Secretary of Labor v. Oak Grove Resources, LLC
Briefing ordered on repeated flagrant violation test
MSHA designated an extensive coal-accumulations order at Oak Grove Mine as a repeated flagrant violation carrying enhanced penalty exposure. Judge Jerold Feldman found that unresolved legal questions about the repeated-flagrant standard had to be addressed before the hearing. He ordered briefing on…
Secretary of Labor v. Nally & Hamilton Enterprises, Inc.
Two haul-road control citations vacated
MSHA cited Nally & Hamilton twice under a mobile-equipment control standard after an inspector drove his own vehicle on muddy haul roads and experienced sliding. Judge William S. Steele found that the standard prohibits operating equipment without full control, but the inspector did not observe the…
Secretary of Labor on behalf of Carlos Lopez v. Sherwin Alumina, LLC, and its Successors
Secretary of Labor on behalf of Carlos Lopez v. Sherwin Alumina, LLC, et al. (FMSHRC CENT 2012-237-DM): Retaliatory termination found after safety advocacy
Carlos Lopez reported safety hazards, supported greater MSHA oversight, and reported supervisors who breached his lockout tags before hot condensate sprayed him. Sherwin Alumina suspended and fired Lopez while treating the supervisors involved in the unsafe incident more leniently. Judge Jacqueline…
Secretary of Labor v. Drummond Company
Refuge obstruction affirmed with reduced negligence
Coal, rock, and blocks had accumulated near a refuge alternative at Drummond's Shoal Creek Mine. Judge Kenneth R. Andrews found that the unexpected material could interfere with miners following a lifeline in low visibility, cause disorientation, and prevent access to breathable air during an…
La Paloma Energy Center, LLC
In re La Paloma Energy Center, LLC (EAB PSD Appeal No. 13-10): Greenhouse-gas permit review denied
EPA Region 6 issued La Paloma Energy Center, LLC a greenhouse-gas PSD permit for a natural gas-fired power plant in Harlingen, Texas. Sierra Club challenged the permit's greenhouse-gas emission limits for the possible combustion turbines and argued that the Region should have required the facility…
Matter of Jose Juan CHAVEZ-ALVAREZ, Respondent
Matter of CHAVEZ-ALVAREZ (BIA ID 3797): adjustment of status counts as admission
The Board reviewed a Mexican respondent's appeal from an order of removal based on convictions for crimes involving moral turpitude and an aggravated felony. The respondent had initially entered without inspection, later adjusted status to lawful permanent resident, and was convicted by…
Copomon Enterprises, LLC
Formaldehyde-label citation barred by prior settlement
Copomon Enterprises distributed hair straightening and smoothing products that could release formaldehyde when heated during use. OSHA cited the company because its product labels did not state that the products contained formaldehyde, even though the labels used exact language negotiated in an…
Secretary of Labor v. Lincoln Leasing Company, Inc.
Health-related office lapse excused
Lincoln Leasing missed a penalty contest deadline while its office administrator was experiencing health issues. The delinquency was not discovered until counsel received a Treasury collection notice months after MSHA had sent a delinquency notice and referred the debt for collection. The Secretary…
Secretary of Labor v. McElroy Coal Company
New supervisor's missed contest excused
McElroy Coal missed a proposed penalty contest deadline after a new safety supervisor unfamiliar with the process handled the assessment. The supervisor discovered the delinquency six days after the assessment became final when a separate assessment arrived. The Secretary did not oppose reopening…
Secretary of Labor v. Power Fuels, LLC
Coal blending terminal held subject to Mine Act
Power Fuels operated a stand-alone terminal that received coal and coal byproducts, stored and blended them to a power company's daily specifications, and then shipped the prepared fuel to the plant. Judge George A. Koutras held that these activities were the work of preparing coal, making the…
Secretary of Labor v. Con-Agg, Inc.
Missing contest reopened
Con-Agg said it mailed a timely contest of a proposed penalty assessment on February 4, 2013. MSHA received a contest from the operator on that date, but it concerned a different case, and the assessment at issue became final. The Secretary did not oppose reopening but urged the operator to improve…
Secretary of Labor v. Bindl Bauer Limestone of Spring Green, Inc.
Lost mailed contest excused
Bindl Bauer Limestone said it mailed a timely penalty contest on the same day MSHA delivered the assessment. After learning that MSHA had not received the contest, the operator mailed another copy. The Secretary did not oppose reopening but urged better procedures for future filings. The Commission…
Secretary of Labor v. Root Construction, Inc.
Predecessor's unfiled assessment contest excused
Root Construction missed a proposed penalty contest deadline. Its new safety director found the delinquent assessment while sorting through documents left by the prior safety director. The Secretary did not oppose reopening but urged the operator to improve its filing procedures. The Commission…
Secretary of Labor on behalf of David S. Wood v. Highland Mining Company, LLC
Miner temporarily reinstated after safety refusal
David Wood refused to ride a mine golf cart while his supervisor was extremely angry and, Wood said, unsafe to ride with. About two weeks later, Highland Mining suspended and discharged him, officially citing its illness-leave policy. Judge William B. Moran found Wood credible for the limited…
Secretary of Labor v. Bowman Construction Co., Inc.
Trommel covered by Mine Act but distant shed not proven covered
Bowman Construction operated a small quarry on property mostly used for its construction business and challenged MSHA's authority over equipment away from the quarry. Judge Richard W. Manning held that a trommel processing excavated earth was performing mineral milling and sizing, so MSHA had…
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, et al. (FMSHRC CENT 2013-541-D): Combined disciplinary actions may be materially adverse
BHP Navajo Coal sought dismissal of J. Don Arnold's discrimination complaint, arguing that a paid investigative suspension, a written warning, and a downgraded performance category caused no material adverse action. Judge John Kent Lewis held that the actions had to be considered together. Arnold…
PM Construction & Rehab, LLC
Trench citation reduced from repeat to serious
PM Construction & Rehab was repairing sewer pipes in Houston when an employee working in an 8- to 9-foot-deep trench was seriously injured by a rock that broke from an unprotected end wall. The company had installed hydraulic shoring along the trench's long walls but had not shored, sloped, or…
Elk Run Coal Company v. Secretary of Labor
Safeguard challenge allowed before later citation
Elk Run Coal challenged a safeguard requiring controls for mud, ledges, and water in mine travelways before MSHA issued a later citation or order under that safeguard. The Secretary argued that the Commission lacked jurisdiction until a violation was cited. Judge William S. Steele held that the…
Mark Gray v. North Fork Coal Corporation
Remand hearing limited to handwriting experts
The Commission remanded Mark Gray's discrimination case because two handwriting experts had been excluded from the original hearing. Gray then sought a broader new trial with additional lay and mine-safety witnesses. Judge Priscilla M. Rae held that the Commission's remand was limited to the two…
Secretary of Labor, MSHA v. Blue Diamond Coal Company and Gary L. Jent, Agent
Secretary of Labor v. Blue Diamond Coal Company and Gary L. Jent (FMSHRC KENT 2008-592, et al.): Flagrant designations removed and agent case dismissed
MSHA alleged four flagrant ventilation-plan and roof-control violations at Blue Diamond Coal Company's Mine No. 77 and sought personal liability against foreman Gary L. Jent for one violation. Judge Alan G. Paez found that all four conditions violated the approved plans and upheld…
Matter of Ezzat H. ABDELGHANY, Respondent
Matter of Ezzat H. ABDELGHANY (BIA ID 3796): section 212(c) relief remains available for qualifying pre-1997 convictions
The Board reviewed an Egyptian respondent's appeal from a removal order and the denial of his request for section 212(c) relief. He became a lawful permanent resident in 1987 and was convicted by guilty plea in 1995 of conspiracy to commit arson, receiving a 24-month sentence that was later reduced…
R&S Roofing, LLC
Fall-protection citation affirmed for workers treated as employees
R&S Roofing used a crew to replace a rubber roof on a one-story commercial building in Ohio. Although the company called the roofers independent contractors, the judge found they were employees because R&S controlled the workplace and the manner and timing of their work, paid them hourly, provided…
CFMOTO Powersports, Inc., CFMOTO America Inc., Zhejiang CFMOTO Power Co., Ltd., and ChunFeng Holding Group Co., Ltd.
In re CFMOTO Powersports, Inc. and related respondents (EAB CAA Appeal No. 14-01C): Consent Agreement ratified
CFMOTO Powersports, Inc., CFMOTO America Inc., Zhejiang CFMOTO Power Co., Ltd., and ChunFeng Holding Group Co., Ltd. resolved an EPA Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under…
Secretary of Labor, MSHA v. Taft Production Company
Secretary of Labor v. Taft Production Company (FMSHRC WEST 2012-1484-M): Four housekeeping citations affirmed
MSHA cited four powder and material accumulations at Taft Production Company's California cat-litter mine under the housekeeping standard for workplaces and passageways. Judge James G. Gilbert rejected Taft's arguments that the milling areas fell outside Mine Act jurisdiction, that the areas were…
Secretary of Labor, MSHA v. US Silica Company
Secretary of Labor v. US Silica Company (FMSHRC WEVA 2013-425): Breaker-label citation vacated
MSHA cited an unlabeled two-switch breaker box in a paint trailer at US Silica's Berkeley Plant. Judge David Barbour did not decide whether the box was a principal power switch under section 56.12018. Instead, he found that the circuits could be readily identified by location because visible wiring…
Secretary of Labor, MSHA v. Remington LLC
Secretary of Labor v. Remington LLC (FMSHRC WEVA 2009-1498): Unsupported-roof and preshift violations affirmed
At Remington's underground Winchester Mine, a punch-through cut left about 30 feet of unsupported roof without the reflectors required by the approved roof-control plan. The midnight-shift foreman then performed an inadequate preshift examination that missed or misreported the unsupported roof, an…
Secretary of Labor, MSHA v. Payson Concrete & Materials, Inc.
Secretary of Labor v. Payson Concrete & Materials, Inc. (FMSHRC WEST 2013-0819-M): Quarterly reporting penalties cut to $350
Payson omitted an owner-operator's work hours from 14 quarterly MSHA employment reports. Judge Margaret A. Miller held that each inaccurate quarterly report supported a separate citation because section 50.30(a) imposes a reporting duty for every calendar quarter. She nevertheless found that the…
Secretary of Labor, MSHA v. Northshore Mining Company
Secretary of Labor v. Northshore Mining Company (FMSHRC LAKE 2011-818-M, et al.): Four plant citations affirmed with two reductions
After the parties settled 65 citations, four citations remained for trial at Northshore Mining Company's Minnesota taconite plant. Judge John Kent Lewis affirmed violations involving a deteriorated conveyor guard, material accumulations, an uncovered energized junction box, and a wet walkway. He…
Secretary of Labor, MSHA v. Miller Springs Material, LLC
Secretary of Labor v. Miller Springs Material, LLC (FMSHRC CENT 2012-906-M): Intermittent stockpile loading kept quarry open
Miller Springs had stopped crushing at Cove Quarry while its crusher was under repair, but it continued filling customer orders from existing stockpiles. MSHA cited the company for failing to report the quarry as closed under section 56.1000. Judge Jerold Feldman held that intermittent loading at…
Secretary of Labor, MSHA v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2012-416): Remaining citations settled for $88,125
Oak Grove and MSHA settled the two citations that remained after an earlier partial settlement. One order alleged combustible accumulations under section 75.400, while the other involved conditions identified during preshift examinations. Oak Grove disputed the violations and unwarrantable-failure…
Secretary of Labor, MSHA v. Martin Marietta Materials, Inc.
Secretary of Labor v. Martin Marietta Materials, Inc. (FMSHRC CENT 2013-332-M): Skid-loader headlight citation vacated
An MSHA inspector found that the headlights on a skid-steer loader at Martin Marietta's daylight-only quarry did not work. The lights had worked the previous day, and the loader had not yet been inspected or used on the day of the citation. Judge Priscilla M. Rae held that the Secretary did not…
Secretary of Labor, MSHA v. Freeport-McMoRan Morenci, Inc.
Secretary of Labor v. Freeport-McMoRan Morenci, Inc. (FMSHRC WEST 2013-766-M): Bent stair upheld as S&S
A heavily constructed stair at Freeport-McMoRan's Morenci copper mine had a 25-inch section bent downward along the tread. An MSHA inspector lost his balance on the step, and miners regularly used the stairway while carrying tools to conveyor equipment. Judge Margaret A. Miller found that the…
Secretary of Labor, MSHA v. Webster County Coal, LLC
Secretary of Labor v. Webster County Coal, LLC (FMSHRC KENT 2012-438): Dust-skirt citations upheld and oil-leak gravity reduced
MSHA cited Webster County Coal after roof-bolter dust skirts remained missing through maintenance shifts and hydraulic oil covered another bolter's operator deck. Judge David P. Simonton found that the missing skirts violated the approved ventilation plan and exposed two bolter operators to…
Secretary of Labor, MSHA v. Black Castle Mining Company and Michael Vira
Secretary of Labor v. Black Castle Mining Company and Michael Vira (FMSHRC WEVA 2006-891-R, et al.): Pipeline-examination vacatur affirmed
A bulldozer operator died when his machine ruptured a buried natural-gas pipeline at Black Castle's surface coal mine. MSHA alleged that the operator and superintendent Michael Vira failed to identify and correct inadequate pipeline markings during required examinations of active working areas. The…
Secretary of Labor, MSHA v. Maxxim Rebuild Company, LLC
Secretary of Labor v. Maxxim Rebuild Company, LLC (FMSHRC KENT 2013-989): MSHA jurisdiction and electrical citations affirmed
MSHA cited electrical cable-entry and maintenance conditions at Maxxim Rebuild's Kentucky fabrication shop. Maxxim stipulated to both violations and the proposed penalties but preserved its argument that the off-site equipment repair facility was not a mine under the Mine Act. Judge Margaret A…
Secretary of Labor, MSHA v. Brody Mining, LLC
Secretary of Labor v. Brody Mining, LLC (FMSHRC WEVA 2013-674): Roof-bolter oil citations settled for $44,000
MSHA cited two oil leaks on a Fletcher roof bolter and proposed total penalties of $71,400. Brody Mining would have presented evidence that its foreman reasonably believed the leaks did not require the machine's immediate removal from service and that the oil was unlikely to ignite or cause serious…
United Taconite, LLC v. Secretary of Labor and Secretary of Labor, MSHA v. United Taconite, LLC
United Taconite, LLC v. Secretary of Labor (FMSHRC LAKE 2012-687-M, et al.): Fall and oily-walkway violations affirmed with reductions
At United Taconite's Minnesota plant, a miner worked without fall protection beside an open slurry-filled box, and another area had oily walkways and saturated absorbent pads around a compressor. Judge John Kent Lewis affirmed the imminent-danger order and found the fall-protection violation S&S…
Matter of M-E-V-G-, Respondent
Matter of M-E-V-G- (BIA ID 3795): the particular social group test requires social distinction
The Board reconsidered a Honduran respondent's asylum and withholding-of-removal claims on remand from the United States Court of Appeals for the Third Circuit. The respondent said that members of the Mara Salvatrucha gang persecuted him and his family and threatened him because he refused to join…
Matter of W-G-R-, Respondent
Matter of W-G-R- (BIA ID 3794): particular social group requires social distinction and a persecution nexus
The Board reviewed a Salvadoran respondent's appeal from the denial of asylum, withholding of removal, and protection under the Convention Against Torture. The respondent said that members of the Mara 18 gang attacked him after he left the gang, including shooting him in the leg, and that he feared…
Applied Aquatic Management, Inc.
Airboat-collision citation vacated
Applied Aquatic Management used airboats to perform aquatic plant management work in Florida. Two company airboats collided in a blind trail after one operator entered a dead end and turned back, seriously injuring one employee and causing the death of another. OSHA alleged that the company had not…
Brody Mining, LLC v. Secretary of Labor, MSHA
Brody Mining, LLC v. Secretary of Labor (FMSHRC WEVA 2014-82-R, et al.): Interlocutory review granted on pattern rule
The Chief Administrative Law Judge certified questions concerning MSHA's 2013 pattern-of-violations rule for immediate Commission review. The Commission agreed that the issues involved controlling questions of law and that immediate review could materially advance the cases. It granted review of…
Western World, Inc.
Theme-park firearms safety citation affirmed
Western World operated Wild West City, a New Jersey theme park where employees used firearms in staged gunfights. An employee was seriously injured when he was shot during a performance after live ammunition had been brought to the worksite. Although the company prohibited live ammunition, it…
Charter Communications, Inc.
In re Charter Communications, Inc. (EAB MM 14-01C): Consent Agreement ratified
Charter Communications, Inc. resolved related EPA enforcement matters under the Clean Air Act, Clean Water Act, and Emergency Planning and Community Right-to-Know Act through a Consent Agreement. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under…
All Star Realty Co., Inc.
Roofing and ladder citations vacated for lack of employment relationship
All Star Realty had a contract to demolish a strip mall, where OSHA found two brothers removing metal roofing without fall protection and using an improper ladder. The brothers had previously done odd jobs for All Star's owner, but he told them they could take the roofing only after the building…
Brody Mining, LLC v. Secretary of Labor, MSHA
Brody Mining, LLC v. Secretary of Labor (FMSHRC WEVA 2014-82-R, et al.): Pattern-rule ruling certified for review
Chief Judge Robert J. Lesnick had upheld MSHA's 2013 pattern-of-violations rule against Brody Mining's facial, due-process, and retroactivity challenges. On his own motion, he certified that ruling for immediate Commission review. He found that the rule's validity was a controlling legal question…
Brody Mining, LLC v. Secretary of Labor, MSHA
Brody Mining, LLC v. Secretary of Labor (FMSHRC WEVA 2014-82-R, et al.): Pattern-of-violations rule upheld at summary decision
Brody Mining challenged MSHA's revised pattern-of-violations rule and the withdrawal orders issued after its pattern notice. Chief Judge Robert J. Lesnick held that the Commission lacked jurisdiction to review the notice itself but could review the resulting enforcement orders and consider…
Secretary of Labor, MSHA v. Small Mine Development, LLC
Secretary of Labor v. Small Mine Development, LLC (FMSHRC WEST 2012-1171-M, et al.): Forklift citation vacated, training and windshield violations modified
The case addressed a miner adjusting raised forklift forks, incomplete task training, and a remix truck operated with a badly cracked windshield at Small Mine Development's underground metal mine. Judge Thomas P. McCarthy vacated the forklift-operation citation because adjusting the forks was not…
Secretary of Labor, MSHA v. Bob Bak Construction
Secretary of Labor v. Bob Bak Construction (FMSHRC CENT 2011-372-M): Default did not take effect after timely answer
Bob Bak Construction asked the Commission to reopen a penalty case after a show-cause order was treated as a default. The operator produced an answer that it had mailed to MSHA and the Commission months before the show-cause order, and the Secretary agreed that the record showed proper filing and…
Secretary of Labor, MSHA v. Portable, Inc.
Secretary of Labor v. Portable, Inc. (FMSHRC WEST 2013-526-M): Advance-notice theory added and second deposition allowed
MSHA originally alleged that Portable impeded an inspection and later sought to add an alternative claim that the company gave advance notice of the inspection. Judge William B. Moran allowed the new theory because it involved the same conduct and Portable had not shown that it could not prepare…
Secretary of Labor, MSHA v. Gila Rock Products, LLC
Secretary of Labor v. Gila Rock Products, LLC (FMSHRC WEST 2013-1081-M): Reopening denied after one-year deadline
Gila Rock Products sought to reopen an uncontested penalty assessment that had become a final Commission order. The company said its lawyer mailed a pre-penalty contest that MSHA did not receive and that the owner was not served with the later assessment. The Secretary responded that another listed…
Secretary of Labor, MSHA v. Rocky Point Rock, Inc.
Secretary of Labor v. Rocky Point Rock, Inc. (FMSHRC SE 2013-420-M): Reopening denied as more than one year late
Rocky Point Rock asked the Commission to reopen a penalty assessment that had become final after the company failed to contest it within 30 days. The operator said it mistakenly believed that it had contested the citations and never checked with counsel. The Secretary opposed reopening and noted…
Jim Walter Resources, Inc. v. Secretary of Labor, MSHA
Jim Walter Resources, Inc. v. Secretary of Labor (FMSHRC SE 2012-681-R): Methane imminent-danger order affirmed
Jim Walter Resources contested an imminent-danger withdrawal order issued at its underground No. 7 coal mine after an MSHA inspector measured methane above the explosive threshold in a roof cavity. Judge James G. Gilbert found that several fixed electrical sources were too far downwind to pose a…
Secretary of Labor, MSHA v. Apex Quarry, LLC
Secretary of Labor v. Apex Quarry, LLC (FMSHRC KENT 2010-784-M): Equipment and training citations split
MSHA brought thirteen training, electrical, mobile-equipment, guarding, and roadway allegations against Apex Quarry, a small Kentucky limestone operation. Judge Thomas P. McCarthy affirmed six citations involving an incomplete training plan, defective parking brakes and headlights, and an uncovered…
Secretary of Labor, MSHA v. E & G Masonry Stone #2
Secretary of Labor v. E & G Masonry Stone #2 (FMSHRC CENT 2013-461-M): Paid assessment not reopened after deadline
E & G Masonry Stone sought to reopen a penalty assessment after learning that one inspection had produced multiple assessments. The company discovered the problem from a delinquency notice, later paid the debt, and had previously moved to reopen a different assessment from the same inspection. The…
All Erection & Crane Rental Corp.
Medical-services and asbestos-survey items vacated
All Erection & Crane Rental supervised temporary workers cleaning debris from a deteriorated building in Cleveland. One worker suffered a head injury when a table leg struck her, and a supervisor offered to take her to a nearby hospital, but she declined. The Commission held that the offer made…
Brenda A. Cullinan v. Peabody Twentymile Mining LLC
Discrimination complaint dismissed
Former fire boss Brenda Cullinan alleged that Peabody Twentymile fired her because she repeatedly reported safety hazards at the Foidel Creek Mine. Judge Richard W. Manning found that her hazard reports were protected activity and that management knew of them and showed some hostility toward her…
Stewart Electric Co., Inc.
Arc-flash citations vacated for lack of employer knowledge
A Stewart Electric crew leader and helper were severely burned by an arc flash while replacing a circuit breaker inside an energized 480-volt panel at an automobile dealership. The crew leader did not use the two sets of protective equipment supplied at the site and used a non-insulated…
M.V.P. Piping Co., Inc.
Willful trench penalty increased to $22,000
M.V.P. Piping sent two employees into a 6-foot-4-inch-deep excavation with vertical walls and no cave-in protection. The company used gravel backfill, an exit ramp, and spotters as a temporary safety plan, but none of those measures could prevent a potentially fatal collapse. The Commission held…
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.