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. Atlantic Leaseco, LLC
Deleted calendar deadline excused one-day delay
Atlantic Leaseco missed a penalty-contest deadline after a legal assistant accidentally deleted it from the company's new computer system. The company filed the contest one day after the assessment became final. The Secretary did not oppose reopening but urged Atlantic to prevent future late…
Secretary of Labor v. Spartan Mining Company, Inc.
Mistaken payment did not waive one citation contest
Spartan Mining received a proposed assessment containing 14 citations. It timely contested 13 citations but mistakenly paid Citation No. 8148369 instead of contesting it. The Secretary did not oppose reopening and confirmed that the other citations were already docketed. The Commission reopened the…
Secretary of Labor v. Scott Carpenter
Individual penalty reopened after mail went to former address
Scott Carpenter asked the Commission to reopen an individual section 110(c) penalty assessment that became final after no contest was filed. MSHA sent the assessment and delinquency notice to an address where Carpenter said he had not lived since 2010, even though he had requested that…
Secretary of Labor v. Stollings Trucking Company, Inc.
Unopposed request reopened final assessment
Stollings Trucking Company asked the Commission to reopen a penalty assessment that had become final after the contest period expired. The official order does not state the operator's reason for missing the deadline. The Secretary did not oppose the request. After reviewing the submissions, the…
Secretary of Labor v. Carter Roag Coal Company and Pocahontas Coal Company
Explosion-related outage excused late contests
Carter Roag Coal Company and Pocahontas Coal Company missed deadlines to contest three penalty assessments. A mine explosion left their safety department without power and communications from June 29 through July 7, disrupting the companies' normal contest-processing procedures. MSHA received all…
Secretary of Labor v. Louisa Construction Company
Three late contests reopened despite opposition
Louisa Construction missed deadlines to contest three assessments after an inexperienced office clerk handled the papers. A new assistant began overseeing MSHA correspondence, mailed late contests, and later encountered further delays from citation and docket-number mistakes. The Secretary opposed…
Secretary of Labor v. Anglogold Ashanti (Colorado) Corp.
Retirement file review revealed missed contest
Anglogold Ashanti asked the Commission to reopen a penalty assessment that became final after no contest was filed within 30 days. The company's safety manager said office absences and an unexpected illness caused him to miss the deadline. He discovered the delinquency while reviewing files before…
Secretary of Labor v. Brimhall Sand & Rock
Timely contest sent to wrong office was reopened
Brimhall Sand & Rock mailed a timely penalty-contest notice and payment for uncontested citations to MSHA's St. Louis office instead of the Civil Penalty Compliance Office in Arlington. MSHA received the payment, but the contested assessment became final. The Secretary did not oppose reopening and…
Secretary of Labor v. Western Mesquite Mines, Inc.
One-day-late contest reopened with filing warning
Western Mesquite Mines discussed a proposed assessment with counsel two weeks before the contest deadline but did not ask counsel to file until late on the deadline date. Counsel saw the email the next day and faxed the contest one day late. The Secretary did not oppose reopening but warned that…
Secretary of Labor v. Diamond Creek Mill
Assessment overlooked in crowded email was reopened
Diamond Creek Mill received a proposed assessment in an email containing other time-sensitive material and inadvertently failed to address it. The assessment became final, and the company discovered the delinquency on MSHA's website about seven weeks later. Diamond revised its procedures for…
Secretary of Labor v. Iluka Resources, Inc.
Manager's deadline mistake led to new filing procedure
Iluka Resources filed a penalty contest four days after the assessment became final because its mine manager was unaware of the deadline. The company learned of the problem after receiving MSHA's delinquency notice and adopted a new procedure for timely payment or contest of assessments. The…
Secretary of Labor v. Lewis Johnson, employed by Elmore Sand and Gravel, Inc.
Unreceived individual assessment was not final
MSHA mailed Lewis Johnson an individual section 110(c) penalty assessment four days after he left Elmore Sand and Gravel. The mailing was returned unclaimed, and Johnson said he did not remember receiving it. The Secretary did not oppose Johnson's request to reopen. The Commission held that the…
Secretary of Labor v. Drummond Company, Inc.
Contest mailed one day late was reopened
Drummond Company's inside counsel gave a contest form to his secretary for outgoing mail on the deadline date. The package was not postmarked until the following day, after the assessment had become final. Drummond adopted new procedures to prevent future defaults. The Secretary did not oppose…
Secretary of Labor v. Lance R. Battersby
Individual penalty reopened after move disrupted mail
Lance Battersby filed an individual section 110(c) penalty contest 17 days after the assessment became final. He said a move to Pennsylvania caused delays in forwarding his mail, and later delinquency notices were returned undelivered. MSHA eventually transferred the debt to the Department of…
Secretary of Labor v. Precision Aggregates, II, LLC
Assessment signed for by unknown person was reopened
Precision Aggregates said it never received a proposed assessment mailed to its address of record. Delivery records showed that the assessment was signed for by a person who did not work for the company. Precision learned of the problem after a delinquency notice was mailed to the same address. The…
Secretary of Labor v. Prairie State Generating Company, LLC
Misrouted contest discovered through another case
Prairie State's former safety manager mailed a timely contest and payment for uncontested citations to MSHA's St. Louis office instead of Arlington. The company became concerned that the contest had not been processed after receiving a petition in another case and contacted MSHA. The Secretary did…
Secretary of Labor v. Ohio County Coal Company, LLC
Third mail-system default reopened with warning
Ohio County Coal said an internal mail-delivery failure delayed its safety manager's receipt of a proposed assessment. The company mailed its contest seven days after the assessment became final. The Secretary did not oppose reopening solely because the delay was short, but noted that this was the…
Secretary of Labor v. Tackett Creek Mining, Inc.
President's health problems excused late contest
Tackett Creek Mining missed its penalty-contest deadline while the company's president experienced medical problems during July and August. After returning in September, the president sent the assessment to the company's representative, and MSHA received a late contest dated September 10. The…
Secretary of Labor v. Milwhite, Inc.
Unopposed assessment reopening granted
Milwhite asked the Commission to reopen a penalty assessment that had become final after the contest deadline. The official order does not state why the company missed the deadline. The Secretary did not oppose reopening. The Commission granted relief in the interest of justice and remanded the…
Secretary of Labor v. P&H MinePro Services South Central Operations
Filing responsibility mix-up excused late contest
P&H MinePro's safety manager and counsel each believed the other had filed the company's penalty contest. The assessment became final, and the company discovered the mistake after receiving a delinquency notice. P&H adopted new policies to prevent another responsibility mix-up. The Secretary did…
West Bay Exploration Co.
In re West Bay Exploration Co. (EAB UIC Appeal Nos. 13-01 & 13-02): reconsideration denied after permit withdrawal
Peter Bormuth and Sandra K. Yerman challenged an Underground Injection Control permit issued to West Bay Exploration Co. EPA Region 5 later withdrew the permit in its entirety. The Environmental Appeals Board held that the petitioners had not shown a demonstrable error in the Board's earlier…
PBS Coals, Inc.
Untimely-filing dismissal denied
PBS Coals asked the Judge to dismiss a civil-penalty petition as untimely and argued that the delay caused actual prejudice. Judge John Kent Lewis found that the record did not establish sufficient prejudice to justify dismissal and denied the request. He ordered the case to proceed to a hearing on…
Digco Utility Construction
Repeat excavation items vacated
Digco excavated to locate a gas line when an OSHA officer saw the top of a worker's hard hat from the road. By the time the officer reached the site, the foreman had deepened the excavation to 6½ feet, but no employee was inside it. The judge credited testimony that the worker had entered only…
Eastern Associated Coal, LLC v. Secretary of Labor
Belt accumulations and failed examination upheld
An MSHA inspector found extensive coal accumulations beneath a longwall belt take-up, with rollers turning in compacted coal and three frozen rollers. Judge Jacqueline R. Bulluck upheld the accumulation citation as significant and substantial, highly negligent, and an unwarrantable failure because…
Wal-Mart Stores, Inc.
In re Wal-Mart Stores, Inc. (EAB RCRA (3008) 13-01C and FIFRA 13-03C): $7,628,000 penalty approved
Wal-Mart Stores, Inc. was the respondent in consolidated EPA proceedings under the Resource Conservation and Recovery Act and the Federal Insecticide, Fungicide and Rodenticide Act. The EPA and Wal-Mart signed and consented to entry of a Consent Agreement. The Board incorporated that agreement into…
Wal-Mart Stores, Inc.
In re Wal-Mart Stores, Inc. (EAB RCRA (3008) 13-01C and FIFRA 13-03C): $7,628,000 penalty approved
Wal-Mart Stores, Inc. was the respondent in consolidated EPA proceedings under the Resource Conservation and Recovery Act and the Federal Insecticide, Fungicide, and Rodenticide Act. The EPA and Wal-Mart signed and consented to entry of a Consent Agreement. The Board incorporated that agreement…
Secretary of Labor v. Webster County Coal, Warrior Coal, LLC, Hopkins County Coal, LLC, and River View Coal, LLC
Dry-hole citations vacated for lack of fair notice
MSHA cited four related coal operators for mining near 117 old boreholes and for failing to label them as oil or gas wells on mine and ventilation maps. None of the holes had produced oil or gas, all were listed as dry and abandoned, and MSHA had inspected the mines for years without previously…
Secretary of Labor v. Pay Car Mining, Inc.
Medical disruption supported reopening
Pay Car Mining's representative placed two proposed assessments in his secretary's work box for contest. Unforeseen medical developments prevented the secretary from filing before the assessments became final. The Secretary did not oppose reopening but urged the representative to adopt procedures…
Secretary of Labor on behalf of Burdette Billings v. FTS International Proppants, LLC
Independent misconduct defeated discrimination claim
Burdette Billings complained to management and MSHA that miners had to stand in very hot discharged sand without adequate protection. FTS fired him five days after his MSHA complaint, citing equipment-rule violations, property damage, an off-duty mine visit, and confrontational conduct at a town…
Warrior Coal, LLC v. Secretary of Labor
Icy walkway citation reduced from fatal gravity
A Warrior Coal employee slipped on an icy walkway, fractured his ankle, experienced severe respiratory complications after surgery, and died several weeks later. Judge Jacqueline R. Bulluck held that Warrior violated the walkway standard because it lacked effective ice-removal procedures and could…
Hayward Baker, Inc.
Drill pinch-point and training items affirmed
Hayward Baker employees loaded steel casing onto a drill shaft while installing soil nails for a retaining wall. When a casing was difficult to align, the shaft moved as an employee handled it, catching and crushing his hand at an unguarded pinch point. The judge found that moving the shaft while…
AIC Marianas, Inc.
Raised bucket and worn tire items affirmed
AIC Marianas replaced a water line beside a roadway in Saipan. A parked backhoe had its rear bucket suspended above the ground without adequate blocking, leaving nearby workers exposed if the hydraulic system failed. A dump truck also had an outer rear tire with no tread and visible cracking, and…
Pinnacle Mining Company, LLC
Final assessment reopened after counsel's assistant missed deadline
Pinnacle Mining asked the Commission to reopen a penalty assessment that became final after its counsel's assistant missed the contest deadline. The company said the assistant had health problems and the office was undergoing other personnel changes. Pinnacle mistakenly paid the penalty before…
Secretary of Labor v. D & S Mining and Exploration
Unopposed requests reopened two final assessments
D & S Mining and Exploration asked the Commission to reopen two penalty assessments that had become final orders after the company did not timely contest them. The Secretary did not oppose either request, and the public order does not state why the deadlines were missed. In the interests of…
Bay Materials, LLC
Final assessment reopened with warning to counsel
Bay Materials asked the Commission to reopen a penalty assessment that became final after its counsel received the assessment but took no action for almost two months. The company was a small operator with limited experience in the assessment process, and the Secretary did not oppose reopening…
Utility Services Co., Inc.
Final assessment reopened after operator reported nonreceipt
Utility Services asked the Commission to reopen a penalty assessment that became final when the company did not contest it within 30 days. The company said it never received the proposed assessment and learned of it only after MSHA sent a delinquency notice. The Secretary did not oppose reopening…
Joe Estis, employed by Chemical Lime Company of Alabama, LLC
Section 110(c) reopening request dismissed as moot
Joe Estis and Chemical Lime Company of Alabama asked the Commission to reopen an individual penalty assessment that became final after Estis did not timely contest it. Counsel stated that MSHA sent the assessment to an address where Estis no longer lived, and the Secretary did not oppose reopening…
McCoy Elkhorn Coal Corporation
Timely contest confirmed and case remanded
MSHA's records showed that McCoy Elkhorn Coal's penalty assessment had become a final order, but the operator said it had filed a timely contest. McCoy supplied a copy of the contest form bearing MSHA's receipt stamp, and the Secretary confirmed that MSHA received it on time. The Commission found…
The Doe Run Company
Late contest reopened after internal mailing lapse
The Doe Run Company asked the Commission to reopen a penalty assessment that became final when its contest was not mailed on time. The company's safety director reviewed the assessment within the contest period but, because of increased responsibilities, failed to mail the contest. She discovered…
Magruder Limestone Company, Inc.
Lockout order vacated and fall-protection citation reduced
An MSHA inspector saw a Magruder Limestone plant operator standing about ten feet above the ground on an inclined conveyor while clearing a rock jam without fall protection or lockout procedures. The parties stipulated that both cited conditions were violations, but Judge Thomas P. McCarthy set…
George's Shop & Rock, Inc
. (FMSHRC WEST 2013-459-DM): Late discrimination complaint deemed timely
The Secretary alleged that George's Shop & Rock fired Michael L. Barlow because he complained about mine health conditions and participated in an MSHA inspection. The company moved to dismiss because Barlow filed his discrimination complaint more than 60 days after his termination. Judge David…
Secretary of Labor o/b/o Dustin Rodriguez
Layoff evidence required in temporary-reinstatement case
An administrative law judge temporarily reinstated Dustin Rodriguez after finding that his discrimination complaint against C.R. Meyer and Sons was not frivolously brought. The operator did not challenge that finding but argued that reinstatement should be tolled because Rodriguez would have been…
Secretary of Labor o/b/o Dustin Rodriguez
Layoff evidence required in temporary-reinstatement case
An administrative law judge temporarily reinstated Dustin Rodriguez after finding that his discrimination complaint against C.R. Meyer and Sons was not frivolously brought. The operator did not challenge that finding but argued that reinstatement should be tolled because Rodriguez would have been…
Omya California, Omya Inc.
Unchocked loader citation and $946 penalty affirmed
An Omya California front-end loader was left unattended on a five-percent grade without its wheels chocked or turned into a bank. The operator admitted violating the mobile-equipment standard but disputed the significant-and-substantial and fatal-gravity designations, pointing to the working…
Drummond Co., Inc.
Settlement filing rejected for inadequate explanations
Drummond and the Secretary submitted a proposed settlement covering 18 citations and $31,488 in originally assessed penalties. Judge Jeffrey Tureck rejected the filing because it did not provide the concrete explanations required for substantial reductions in gravity, negligence, and penalties. He…
Stansley Mineral Resources, Inc.
Penalty raised to statutory $2,000 minimum
Stansley Mineral Resources admitted a machine-guarding violation, and the administrative law judge found it significant and substantial and caused by unwarrantable failure. The judge considered the statutory penalty factors but reduced the Secretary's proposed $2,000 penalty to $1,000 because of…
Stansley Mineral Resources, Inc.
Penalty raised to statutory $2,000 minimum
Stansley Mineral Resources admitted a machine-guarding violation, and the administrative law judge found it significant and substantial and caused by unwarrantable failure. The judge considered the statutory penalty factors but reduced the Secretary's proposed $2,000 penalty to $1,000 because of…
Matter of Diana MONTOYA-SILVA
A parent’s residence cannot be imputed for cancellation eligibility
The Board reviewed a Mexican lawful permanent resident's appeal after an Immigration Judge found her removable for attempting to smuggle an alien and denied her application for cancellation of removal. The Board held that a parent's lawful permanent resident status and residence cannot be…
Four Star Resources, LLC Premium Coal Company, Inc. Virginia Fuel Corporation Double Bonus Coal Company Chief Mining, Inc. Superior Processing Inc.
Four Star Resources, LLC, et al. (FMSHRC VA 2011-583, et al.): Nonattorney representative ordered to seek permission in 18 dockets
A nonattorney representative had filed appearances in three earlier matters without first requesting the judge's permission as required by the Commission's procedural rules. Judge Priscilla M. Rae later permitted him to appear in those matters but directed him to request permission and file notices…
Christopher Brinson, Gerald Hastings, and Ronald Colson employed by Kentucky-Tennessee Clay Co.
Delayed individual penalty cases allowed to proceed
MSHA sought individual penalties against three Kentucky-Tennessee Clay managers after a rail-car accident, but it did not issue the assessments until almost two and a half years after citing the company. Judge Jeffrey Tureck held that the Mine Act's reasonable-time period began when MSHA completed…
Matter of B-R-, Respondent
Dual national without fear in one country was not a refugee
The Board reviewed a Venezuelan respondent’s appeal from the denial of asylum and an order of removal. The respondent had been admitted as a visitor, overstayed, and claimed that pro-Chavez groups had attacked and threatened him in Venezuela. The Immigration Judge found that he was also a citizen…
Weaver's Cove Energy, LLC
In re Weaver's Cove Energy, LLC (EAB NPDES Appeal No. 13-05): petition dismissed after withdrawal
Weaver's Cove Energy, LLC was the permit holder in an NPDES appeal involving permit no. MA0004871. Cecile Scofield moved to withdraw her petition for review, which had been filed on April 18, 2013. The Board dismissed the petition with prejudice. The Board also found moot a Region 1 motion seeking…
Paramont Coal Company Virginia, LLC
Dust citation upheld and one belt-abatement order vacated
MSHA cited Paramont Coal for float coal dust along a conveyor and for a misaligned belt rubbing hangers, then issued two withdrawal orders when it concluded that the conditions were not timely abated. Judge George A. Koutras affirmed both underlying violations but kept the dust citation non-S&S and…
C.R. Meyer and Sons Company
Stay of temporary reinstatement denied
An administrative law judge ordered C.R. Meyer and Sons to temporarily reinstate Dustin Rodriguez while his discrimination case proceeded. The operator sought a stay during its Commission appeal, arguing that no work was available and that it could not recover wages and benefits if it ultimately…
Teddy Mosley Painting
Roof fall-protection and ladder items affirmed
Teddy Mosley Painting employees performed roofing work on a steep roof almost eight feet above the ground without fall protection. The ladders did not reach the roof edge or extend three feet above it, and the foreman descended by stepping on the top step while facing away from the ladder. The…
Brocato Construction, Inc.
Trench citations affirmed by default
OSHA cited Brocato Construction at two Mississippi worksites for employees working in excavations without cave-in protection and, at one site, without safe egress. The company timely contested but did not answer discovery, attend scheduled conferences, respond to orders, claim certified mail, or…
Hubbard Construction
Repeat trench cave-in item affirmed
Hubbard Construction installed storm-water pipe in a trench beside a heavily traveled highway. After the crew encountered a utility line, the foreman removed the trench box and directed two employees to work for several minutes in a six-foot-deep Type C excavation with slopes steeper than…
Manson Mowat, A Joint Venture
Barge hoist citation vacated after fatal equipment failure
Manson Mowat used a three-drum hoist to raise and lower the heavy spuds that held a construction barge in place. A ratchet wheel broke apart while a spud was being lowered, striking and killing the operator. OSHA alleged that the middle drum improperly lacked an automatic pawl release and that an…
Cranesville Block Co.
Review withdrawn and judge's ruling made final
The judge decided three consolidated dockets involving related Cranesville companies. The Secretary petitioned for Commission review only of issues in two companion dockets, not docket 10-0447. The Commission therefore severed 10-0447 and vacated its direction for review of that case. The judge's…
San Pedro Forklift, Inc.
In re San Pedro Forklift, Inc. (EAB CWA Appeal No. 12-02): Liability affirmed in part and $7,200 penalty assessed
San Pedro Forklift operated a transloading and equipment facility in Long Beach, California. EPA alleged that the company discharged storm water associated with industrial activity without a permit, failed to apply for a permit, and failed to develop and implement required storm-water plans. The…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.