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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K.E.R. Enterprises, Inc., d/b/a Armadillo Underground
Pipe-explosion citation vacated for lack of a recognized hazard
Armadillo Underground installed water-line piping and pressure-tested a completed section while workers tightened bolts to stop a small leak. The pipe exploded, breaking the foreman's legs and causing minor lacerations to three other workers. OSHA alleged that tightening the bolts while the pipe…
Sierra Rock Products, Inc.
Electrical and access violations yield $23,643 penalty
Sierra Rock Products contested electrical, fall-protection, access, guarding, training, and equipment citations at its small California quarry and crusher. Judge Richard W. Manning upheld two imminent-danger orders, found several violations S&S, and affirmed or modified every litigated citation. He…
Matter of Alfonso CORTES MEDINA, Respondent
California indecent exposure with lewd intent was 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 lawful permanent resident with multiple California indecent-exposure convictions. The Board held that California Penal Code section 314(1) requires willful and…
Buckingham Coal Company
Summary decision denied in emergency-plan cases
MSHA issued five citations alleging that Buckingham Coal failed to update emergency response plans with available post-accident communication and tracking systems. Buckingham sought summary decision, arguing that the Secretary had failed to refer an emergency-plan dispute immediately for expedited…
Allied Stone, LLC
Guarding and quarry citations split, with $650 total penalties
Allied Stone contested safety citations from an inspection of its portable surface limestone mine in Wisconsin. Judge Michael E. Zielinski affirmed a highwall citation but removed its S&S designation because the loader operator was unlikely to be injured by falling rock. He vacated two guarding…
New Cingular Wireless PCS, LLC, et al.
In re New Cingular Wireless PCS, LLC, et al. (EAB MM 12-01C): consent agreement ratified
New Cingular Wireless PCS, LLC, and related respondents were parties to enforcement matters under the Emergency Planning and Community Right-to-Know Act, the Clean Water Act, and the Clean Air Act. The Environmental Appeals Board incorporated the attached Consent Agreement into its Final Order and…
Billington Contracting, Inc.
Late reopening motion denied with prejudice
Billington Contracting asked the Commission to reopen three penalty cases that had become final after it failed to answer the Secretary's petitions. The company filed its reopening motion more than one year after the default orders became effective. The Commission explained that motions based on…
River View Coal, LLC
Penalty assessment reopened after staffing lapse
River View Coal asked the Commission to reopen a penalty assessment that became final before the operator mailed its contest. The mine had been idle over the holidays, its regular clerk was on maternity leave, and temporary staff did not understand the contest deadline. The Secretary did not oppose…
Ohio County Coal Company, LLC
Late penalty contests reopened
Ohio County Coal asked the Commission to reopen two penalty assessments after its contests arrived six and seven days after the assessments became final. The operator said unexplained failures in its internal mail system delayed delivery to its safety manager, and it acted after receiving…
Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust (Cleveland Trencher Site)
In re Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust (Cleveland Trencher Site) (EAB CERCLA 106(b) Petition No. 12-03): reimbursement petition dismissed after settlement
Joseph J. Piscazzi, as trustee of the Joseph J. Piscazzi Revocable Trust, filed a petition for reimbursement concerning the Cleveland Trencher Site. The trustee later filed a notice withdrawing the petition and reported that the parties had entered a consent agreement settling all matters related…
Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust
In re Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust (EAB CERCLA 106(b) Petition No. 12-03): reimbursement petition dismissed with prejudice
Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust, filed a petition for reimbursement concerning the Cleveland Trencher Site. The petitioner later withdrew the petition and reported that the parties had entered into a consent agreement settling all matters related to it. The…
Dyno Nobel East-Central Region
Stay denied while individual-liability investigation continued
MSHA sought a $47,716 penalty against Dyno Nobel while a related investigation considered possible individual liability under section 110(c) of the Mine Act. Dyno Nobel requested a stay so any individual case could be consolidated with the operator's case and duplicate litigation could be avoided…
Highland Mining Company, LLC
Equipment and ventilation citations assessed at $7,153
Highland Mining contested six citations involving diesel exhaust systems, a conveyor pull cord, a damaged mantrip canopy, and compliance with its ventilation plan. Judge William B. Moran found two defective mini-track exhaust systems S&S because leaking exhaust created carbon-monoxide and fire…
KyKenKee, Inc.
Settlement approved after sawmill guarding decision
KyKenKee operated an Alabama sawmill where a worker was fatally struck by a log that fell from a debarker conveyor. An administrative law judge found that the company should have fenced or posted the hazardous area around the ring barker and its conveyors. The judge reduced the violation from…
All American Concrete, Inc.
One excavation citation vacated and one affirmed as serious
All American Concrete was upgrading a storm-water system when an excavator bucket rolled into an excavation and broke an employee's ankle. OSHA cited the contractor for materials or equipment near the excavation edge and for inadequate cave-in protection. The judge vacated the falling-materials…
Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company, LLC
Discrimination complaint dismissed on remand
On remand from the Commission after appellate review, Judge David F. Barbour reconsidered whether Highland Mining discriminated against Lawrence Pendley by firing him and by changing his work after temporary reinstatement. The judge found that mine management honestly and reasonably believed…
Lucky Plastering Corporation
Late scaffold contest dismissed
OSHA cited Lucky Plastering for four scaffold violations at a Florida construction site and proposed $12,000 in penalties. The company filed its notice of contest more than seven weeks after the 15-working-day deadline. Its president cited a family emergency, difficulty reading English, reduced…
Sierra Pacific Industries
In re Sierra Pacific Industries (EAB PSD Appeal No. 12-03): petition dismissed without prejudice as prematurely filed
Citizens for Clean Air petitioned the Environmental Appeals Board over a proposed PSD permit modification for Sierra Pacific Industries' cogeneration plant in Anderson, California. Citizens for Clean Air challenged the Region's denial of a request for a public hearing and filed before the…
Eastern Associated Coal, LLC
Hospitalization-related default reopened
Eastern Associated Coal asked the Commission to reopen a penalty assessment that became final while its general manager was unexpectedly hospitalized. The manager said he forwarded the assessment to the safety manager immediately after discovering it, and the company then filed a contest. The…
Runts Trucking, Inc.
Missing mailed contest reopened
Runts Trucking asked the Commission to reopen a penalty assessment after MSHA had no record of receiving its contest. The owner said he mailed the contest within one week of receiving the assessment and acted after MSHA later sent a delinquency notice. The Secretary did not oppose reopening but…
Freeport-McMoRan Morenci, Inc.
Untracked penalty contest reopened
Freeport-McMoRan asked the Commission to reopen a penalty assessment after MSHA had no record of receiving the operator's contest. Freeport said it mailed the contest well before the deadline but could not prove delivery because it did not use certified mail. The company stated that this departed…
West States Skanska, Inc.
Misplaced assessment reopened after personnel changes
West States Skanska asked the Commission to reopen a penalty assessment that became final after recent personnel changes caused it to be misplaced. The company's safety director discovered the problem while investigating a different outstanding assessment. The Secretary did not oppose reopening…
Chemical Lime Company of Virginia, Inc.
Missing contest form excused
Chemical Lime asked the Commission to reopen a penalty assessment after it mailed payment for uncontested penalties but mistakenly omitted the contest form. MSHA had no record of receiving the form, although its payment center received the company's check. The Secretary did not oppose reopening and…
Ararat Rock Products
Misaddressed penalty contest reopened
Ararat Rock Products asked the Commission to reopen a penalty assessment after it apparently mailed its contest to the wrong location. The operator said it discovered the delinquency during a hearing in another case and paid the contested penalties under protest to avoid additional charges. The…
RoxCoal, Inc.
Treasury collection recall authorized in one docket
RoxCoal paid two approved settlement amounts but said it never received the judge's payment orders and asked the Commission to remove added interest and collection charges. One docket had already been referred to the Treasury Department, while the other had been fully paid and closed. The…
Secretary of Labor on behalf of Peter L. Dunne v. Vulcan Construction Materials, LP
Temporary reinstatement dissolved after court mandate
The Commission had previously upheld Peter Dunne's temporary reinstatement after the Secretary declined to pursue his discrimination claim and Dunne continued on his own behalf. The Seventh Circuit reversed, holding that temporary reinstatement cannot continue after the Secretary decides not to…
Custom Built Marine Construction, Inc.
Eye-protection citation affirmed for jackhammer work
Custom Built Marine was renovating a Florida boat ramp when OSHA saw an employee use a jackhammer without eye protection while a supervisor stood nearby, also without eye protection. Two pairs of protective eyewear were available at the site. The judge vacated the item after concluding that the…
Extra Energy, Inc.
Refuse-pile hazards upheld with $34,600 penalties
Extra Energy mined coal refuse from the middle of a steep pile instead of following its approved ground control plan from top to toe or in controlled lifts. Judge Jacqueline R. Bulluck found that the method destabilized the pile and exposed a foreman working below roughly 100 feet of unconsolidated…
Appleton Papers, Inc. (Lower Fox River and Green Bay Site)
In re Appleton Papers, Inc. (Lower Fox River and Green Bay Site) (EAB CERCLA § 106(b) Petition No. 12-04): reimbursement petition dismissed without prejudice
EPA Region 5 issued a unilateral administrative order requiring Appleton Papers and other potentially responsible parties to perform cleanup work at the Lower Fox River and Green Bay Superfund Site in Wisconsin. Appleton sought reimbursement of approximately $174 million in costs, arguing that a…
Appleton Papers, Inc., Lower Fox River and Green Bay Site
In re Appleton Papers, Inc. (EAB CERCLA § 106(b) Petition No. 12-04): reimbursement petition dismissed without prejudice
EPA Region 5 issued a unilateral administrative order requiring Appleton Papers and other potentially responsible parties to perform cleanup work at the Lower Fox River and Green Bay Superfund Site. Appleton Papers petitioned for reimbursement of about $174 million in costs, arguing that a federal…
Tri County Coal, LLC
Equipment and examination violations yield $39,472
Tri County Coal faced citations involving defective ram-car brakes, unsupported roof, damaged cable splices, an inadequate electrical examination, a roof-bolter dust collector, and inaccurate escapeway maps. Judge Michael E. Zielinski affirmed every litigated violation but modified negligence…
Stommes Construction, Inc.
Five reopening motions denied with prejudice
Stommes Construction sought to reopen four final penalty assessments and one default order, asserting that it had not received the underlying documents. Three motions were filed more than one year after the assessments became final and were untimely. Delivery records contradicted the operator's…
Peter L. Dunne v. Vulcan Construction Materials, L.P.
Discrimination complaint dismissed
Peter Dunne alleged that Vulcan fired him because he had earlier reported finding a blasting cap and booster on his roof bolter. Judge L. Zane Gill found that the earlier report was protected activity and that Dunne barely established an initial inference of discrimination. The evidence…
Fox Ridge Stone Co., LLC
Undocketed show-cause response supports reopening
Fox Ridge Stone asked the Commission to reopen a default order involving one specially assessed citation. The operator had timely contested all assessments from the inspection but later failed to answer penalty petitions in two related dockets. It sent a response to the show-cause orders without…
Cloverlick Coal Company, LLC
Reopening case dismissed after payment
Cloverlick Coal asked the Commission to reopen a final penalty assessment. The operator later paid the assessment in full. The Secretary told the Commission that the payment indicated Cloverlick no longer wished to pursue reopening, and the operator did not respond. The Commission treated the…
Ehle, Inc.
Citations vacated because OSHA did not prove employer status
Ehle owned rental properties and hired contractors to construct its apartment buildings. OSHA observed several people installing roof sheathing without fall protection and issued two serious citation items totaling $1,200. The judge found that OSHA did not prove carpenter Chuck Brandau was an…
Loren Cook Company
Machine-guarding items vacated over standard applicability
Loren Cook manufactured fans and blowers using small manual spinning lathes. A 12-pound metal workpiece was ejected from a lathe and fatally struck an employee in the head. OSHA withdrew three personal-protective-equipment items during the hearing and pursued seven willful machine-guarding items…
Pennsy Supply, Inc.
Late accident report affirmed with reduced negligence
A customer truck driver was found unresponsive and not breathing at Pennsy Supply's scale, and CPR began immediately. Mine management called 911 promptly but did not notify MSHA until nearly two hours later, after learning that the driver had died. Judge George A. Koutras held that the driver had…
Bradley R. Ashby v. Ohio County Coal Company
Discrimination complaint dismissed for lack of protected activity
Bradley Ashby alleged that Ohio County Coal ended his employment after he raised concerns about how ram cars were operated at the Freedom Mine. Judge Jeffrey Tureck found that Ashby told supervisors only that he knew a better or more productive method, not that the existing routes were unsafe…
Shelter Creek Capital, LLC
Counsel's filing error did not justify reopening
Shelter Creek sent a proposed assessment to its lawyer, but office staff placed the contest form in the client file instead of mailing it to MSHA. The operator asked the Commission to reopen the final assessment and moved to strike the Secretary's late opposition. The Commission held that a client…
Cementation USA, Inc.
Management-change default reopened
Cementation USA initially asked the Commission to reopen a penalty assessment without explaining the missed deadline. After the Commission requested more information, the contractor attributed the default to management changes and a recent office move and described new procedures to prevent another…
Greg Perkins, employed by Black Fuel Energy, LLC
Misaddressed individual assessment reopened
Greg Perkins asked the Commission to reopen a penalty assessment that he did not receive before it became delinquent. MSHA had mailed the assessment to an incorrect address, and the mailing was returned as undeliverable. The Secretary did not oppose reopening. The Commission reopened the assessment…
Sapphire Coal Company
One-day-late contest reopened
Sapphire Coal filed its penalty contest one day late because it mistakenly calculated January as having 30 days. The operator acted promptly after receiving MSHA's delinquency notice and had paid the uncontested penalties. The Secretary did not oppose reopening but urged Sapphire to ensure future…
E & G Masonry Stone #2
Incomplete contest form reopened
E & G Masonry Stone asked the Commission to reopen a penalty assessment, stating that it mailed a timely contest and later resubmitted it. MSHA had received one sheet of the contest form before the deadline but did not process it because the submission was incomplete. The Secretary did not oppose…
Ratliff Ready Mix, L.P.
Unmarked contest form reopened
Ratliff Ready Mix timely submitted a penalty contest form but failed to mark which citations it intended to contest. The operator discovered the mistake after receiving an MSHA delinquency notice. MSHA confirmed that it had received one sheet of the form, and the Secretary did not oppose reopening…
Munce's Superior Petroleum Products, Inc.
In re Munce's Superior Petroleum Products, Inc. (EAB CWA Appeal No. 12-04): Default order and penalty affirmed
Munce's Superior Petroleum Products, Inc. failed to answer an EPA administrative complaint alleging violations involving an EPA information request and spill prevention, control, and countermeasure plans. The EPA hearing officer found the company in default, held it liable, and assessed a $46,403…
International Masonry, Inc.
Scaffold citations produced a mixed result and $4,000 penalty
Three International Masonry employees fell about 37 feet when a scaffold platform supported by a modified corner bracket collapsed. One employee died and another was seriously injured. The Secretary withdrew four items, and the judge vacated allegations involving a damaged bracket, ladder…
Duke's Sand & Gravel
Misplaced delivered assessment reopened
A former Duke's Sand & Gravel employee who was not authorized to accept packages signed for a proposed assessment. The assessment was later found misplaced under a box on a workbench after the contest deadline had passed. The Secretary did not oppose reopening but urged the operator to improve its…
Northern Filter Media, Inc.
Reopening motion denied as untimely
Northern Filter Media sought to reopen a final penalty assessment after discovering that an employee with memory and confusion problems had treated an earlier letter as a sufficient contest. The Secretary opposed reopening because the company had not monitored the employee's compliance work and…
Noranda Alumina, LLC
One-day filing delay reopened after manager departure
Noranda Alumina filed its penalty contest one day late after its safety manager departed and failed to follow the company's standard procedure. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. In the interests of justice, the Commission reopened…
Northern Aggregates
Training citation settled with a $100 penalty
MSHA cited Northern Aggregates for a training violation and specially assessed a $1,500 penalty. In settlement, the Secretary stated that the cited worker was a service worker employed by another company rather than a miner and that the citation and inspector's notes did not address that issue. The…
LHC, Inc.
Late contest denied after citation remained in company inbox
OSHA issued LHC four serious citation items carrying $10,780 in proposed penalties. The company's president received and signed for the citation, but it remained in his inbox while he tried to gather information from employees working elsewhere in Montana. LHC notified OSHA of its intent to contest…
Matter of Jorge Isaac SANCHEZ-LOPEZ
California stalking conviction qualifies as a crime of stalking
The Board reviewed a Peruvian lawful permanent resident's appeal after an Immigration Judge found him removable for a California stalking conviction and denied cancellation of removal as a matter of discretion. The Board held that a conviction under California Penal Code section 646.9 is a crime of…
Secretary of Labor on behalf of Robert Jackson v. Lafarge North America, Inc.
Economic reinstatement settlement approved
The Secretary sought temporary reinstatement for Robert Jackson after Lafarge North America terminated his plant-operator employment. The parties agreed to economic reinstatement retroactive to November 9, 2012, with Jackson receiving his regular pay, increases, bonuses, and benefits. Judge Richard…
Bridger Coal Company
Expedited hearing denied, prompt hearing directed
Bridger Coal contested a citation issued after MSHA demanded copies of miner statements taken during an accident investigation. Bridger claimed work-product protection and asked for expedited review, while the Secretary argued there was no continuing harm or hardship. Judge William B. Moran found…
Secretary of Labor on behalf of Robert Mitchell v. Vulcan Construction Materials, LP
Economic reinstatement settlement approved
The Secretary sought temporary reinstatement for Robert Mitchell after Vulcan Construction Materials terminated his front-end loader employment. The parties agreed that similarly situated miners were on seasonal layoff and that Mitchell would be economically reinstated when his seniority would…
C & E Concrete, Inc.
Conveyor guarding citation vacated
MSHA cited C & E Concrete after an inspector saw two unguarded return rollers on an operating conveyor at its crushed-limestone mine. The company relied on the exception for moving parts at least seven feet away from walking or working surfaces. Judge Jeffrey Tureck treated that exception as an…
Wormley Brothers Enterprises, Inc.
Repeat ladder violation affirmed
Wormley Brothers was finishing a flat roof on a Georgia bank project when OSHA observed five employees, including the foreman, use a portable ladder to leave the roof. The roof was about 17 feet high, but the ladder rails extended only 18 inches above the landing instead of the required 3 feet. The…
Secretary of Labor on behalf of Todd Fagg v. Baker Hughes, Inc.
Economic reinstatement agreement approved
The Secretary sought temporary reinstatement for Todd Fagg after Baker Hughes suspended and terminated his employment at the Argenta Mine and Mill. The parties agreed to economic reinstatement without Baker Hughes admitting that Fagg's discrimination complaint was not frivolously brought. The…
Twin Pines Construction, Inc./Teles Construction
Six items affirmed by default
OSHA issued Twin Pines Construction/Teles Construction two serious items and four other-than-serious items after a Massachusetts inspection. The allegations involved an obstructed or slippery emergency exit, forklift refresher training, injury and illness records, record production, and forklift…
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.