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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Benise-Dowling, Inc.
Fire-suppression and eyewash violations affirmed
OSHA cited conditions at Benise-Dowling's powder-coating facility during a follow-up inspection. The judge affirmed a serious violation because a new electrostatic spray booth lacked automatic fire suppression, rejecting the company's claim that an earlier OSHA discussion deprived it of fair…
Revoli Construction Company, Inc.
Gas-line excavation violations affirmed
A Revoli crew severed an unmarked gas main while excavating near a school. The judge found that Revoli's training was inadequately documented and was delivered in English to workers with limited English proficiency without a reliable method to ensure comprehension. He also credited a police officer…
Stillhouse Mining
Foreman's red-zone violation held unwarrantable
A Stillhouse Mining section foreman operated a continuous miner by remote control while standing in a prohibited red zone, and the machine pivoted on uneven floor and pinned him against the rib. He was knocked unconscious, suffered broken ribs, and missed several days of work. Judge William B…
Matter of D-R-
Evidence and inferences support removability for war-related conduct
The Board reviewed a Bosnian and Herzegovinian respondent's appeal from removal proceedings based on his service as a special police officer during the Bosnian War. The Board held that omitting that service from a refugee application was a willful misrepresentation of a material fact and that the…
Avcon, Inc., Vasilios Saites, and Nicholas Saites
Fall-protection violations largely affirmed with $77,350 penalty
OSHA cited numerous hazards during construction of an eighteen-story concrete building. The Commission dismissed Bill and Nick Saites individually because the Secretary added them after the six-month limitations period and did not show that their original omission resulted from a mistake that would…
American Airlines, Inc.
In re American Airlines, Inc. (EAB RCRA Appeal No. 10-01): petition dismissed as moot
American Airlines, Inc. petitioned the Environmental Appeals Board to review a hazardous-waste permit that designated American as the facility operator. The permit was issued under the Resource Conservation and Recovery Act, and American challenged the operator designation. After negotiations, the…
Winesburg Builders, LLC
Defective lifting-sling violation affirmed
Winesburg used a visibly cut and frayed nylon sling, with its safety thread showing, to lift construction beams. The judge rejected the company's argument that the sling was not defective because later testing showed it could withstand a 6,000-pound load. A foreman must be able to identify…
Big River Mining, LLC Settlement Agreement
Big River Mining, LLC (FMSHRC WEVA 2008-1627-R, et al.): 32 dockets settled for $979,230
Big River Mining and the Secretary submitted a comprehensive settlement covering 32 contest and civil-penalty dockets at the Broad Run mine. The agreement reduced total assessed penalties from $1,341,410 to $979,230, a reduction of $362,180, with the individual docket amounts listed in the…
Pine Ridge Coal Company, LLC
Final assessment reopened and remanded
Pine Ridge Coal Company asked the Commission to reopen a penalty assessment that became final when it was not contested within 30 days. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. The…
Upper Blackstone Water Pollution Abatement District
In re Upper Blackstone Water Pollution Abatement District (EAB NPDES Appeal Nos. 10-09, 10-10, 10-11, and 10-12): review denied
The Upper Blackstone Water Pollution Abatement District operates a wastewater treatment plant in Millbury, Massachusetts, under an NPDES permit issued by EPA Region 1. After the EAB remanded provisions that had identified nearby municipalities and a sewer district as co-permittees, the Region…
O-N Minerals (Michigan) Company
Final assessment reopened and remanded
O-N Minerals asked the Commission to reopen a penalty assessment that became final when it was not contested within 30 days. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. The Secretary was…
Conshor Mining LLC
Two-week-late contest accepted after mining ceased
Conshor Mining intended to contest ten citations but filed its notice two weeks late after the company had ceased active mining operations. The Secretary did not oppose reopening based on that explanation, while warning that Conshor owed more than $115,000 in delinquent penalties and should prevent…
Picenos Brothers
Five violations settled for $11,910
Picenos Brothers stipulated to five safety and training violations at its small dimensional-stone quarry but challenged the Secretary's proposed $23,707 penalty as disproportionate to the business's size. Judge Jerold Feldman questioned MSHA's treatment of missing Part 46 training certifications as…
Landmark Real Estate Management, Inc., et al.
In re Landmark Real Estate Management, Inc., et al. (EAB TSCA Appeal No. 11-01): penalty order remanded for clarification
The EPA Regional Judicial Officer found seven property owners and managers liable for violations of the Toxic Substances Control Act and the Residential Lead-Based Paint Hazard Reduction Act. The default order assessed a combined administrative penalty of $227,700, but it did not clearly identify…
Oak Grove Resources, LLC
Duplicate official release of safeguard decision
This is a separate official FMSHRC posting of the March 28, 2011 Oak Grove safeguard decision, with text identical to se-2009-261-r-alj-2. The ALJ vacated a $55,000 haulage-safeguard citation because the safeguard prohibited pushing cars but did not state the hazard it was intended to address. The…
Oak Grove Resources, LLC
Third official release of safeguard decision
This is a third official FMSHRC posting of the March 28, 2011 Oak Grove safeguard decision, with text identical to se-2009-261-r-alj-2 and se-2009-487-p-alj. The ALJ vacated a $55,000 haulage-safeguard citation because the safeguard prohibited pushing cars but did not state the hazard it was…
Oak Grove Resources, LLC
Haulage safeguard citation vacated
A miner was fatally pinned between a locomotive and a 24-ton shearer body while Oak Grove Resources was moving the equipment along a main haulage road. MSHA cited the company under a safeguard prohibiting the pushing of cars on main haulage roads, based on hazards associated with visibility, load…
Stillhouse Mining, LLC
Four flagrant violations yield $761,000 penalty
Stillhouse Mining intentionally shut off its main mine fan for about six hours while miners remained underground, electrical equipment stayed energized, and the company continued producing coal. MSHA cited the company for failing to withdraw miners after the fan stopped, intentionally changing…
Crown Cork & Seal USA, Inc.
Press-cleaning violations affirmed and pathogen items vacated
An employee lost a finger while cleaning a running can-end press near the unguarded rear of a pulley. The judge found it reasonably predictable that employees would clean beyond the machine's front because they had done so regularly and were never clearly prohibited from cleaning the rear. Crown…
North Fork Coal Corporation
Temporary economic reinstatement modified, stay denied
North Fork Coal sought reconsideration and a stay of a Commission decision requiring temporary economic reinstatement of miner Mark Gray while his discrimination case continued. The Commission held that wages from other employment do not ordinarily offset temporary reinstatement because that relief…
Drummond Company, Inc.
Missed counsel email excused over dissent
Drummond Company management emailed counsel instructions to contest an assessment while counsel was caring for his wife during and after surgery. The email escaped counsel's notice, and the contest was not filed on time. The Secretary did not oppose reopening, and a four-member Commission majority…
Austin Powder Company
Inactive email account excused late contest
Austin Powder Company attempted to send its penalty contest to counsel by email, but the message went to an inactive account and the contest was not filed on time. The company discovered the error after MSHA sent a delinquency notice. The Secretary did not oppose reopening but warned that the…
Bonham Concrete, Inc.
Reopening denied for unexplained late contest
Bonham Concrete said it did not contest a 12-citation assessment because it thought the penalty was automatic and did not know it could request a reduction. The Secretary opposed reopening, noting that the assessment stated the deadline, the company had successfully contested assessments before…
Mach Mining, LLC
Four accumulation violations modified, two citations vacated
Mach Mining operated an underground coal mine where MSHA cited combustible accumulations on roof bolters and belt drives, an inadequate preshift examination, and unguarded moving parts on a ratio feeder. Judge Richard W. Manning affirmed four accumulation violations but removed their S&S…
Sapphire Coal Company
Reopening denied for unexplained four-month delay
Sapphire Coal asked the Commission to reopen two penalty assessments that became final orders. The company said it had faxed contest forms to MSHA six business days after the assessments were issued, although the fax confirmation did not identify the documents or case numbers. MSHA had no record of…
Matter of Alfred Kebbie SESAY
Qualifying K-1 marriages can support adjustment after divorce
The Board reviewed a Sierra Leonean respondent's appeal after the denial of adjustment-of-status applications based on a K-1 fiancé visa and later marriage. The Board held that a K-1 visa holder may adjust status based on a bona fide marriage to the fiancé(e) petitioner made within 90 days, even if…
C-E Minerals
Reopening denied for incomplete late-contest explanation
C-E Minerals asked the Commission to reopen a one-citation penalty assessment issued to Mullite Company of America. C-E said the citation had been contested but did not explain its relationship to Mullite or why the contest was late. The Secretary stated that the assessment was delivered on October…
Smith Farm Enterprises, LLC
In re Smith Farm Enterprises, LLC (EAB CWA Appeal No. 08-02): jurisdiction, liability, and $34,000 penalty affirmed
Smith Farm Enterprises, LLC appealed an administrative law judge's remand decision concerning wetlands at Smith Farm. The Environmental Appeals Board held that the wetlands were within EPA's Clean Water Act jurisdiction because they had a significant nexus with downstream navigable waters. The…
Brown Excavation Company, Inc.
Paid penalties made reopening request moot
Brown Excavation asked the Commission to reopen two penalty assessments that had become final orders. MSHA's data system showed that Brown had since paid the civil penalties covered by the request. The Commission ordered Brown to explain within 30 days why the request should not be denied as moot…
Colowyo Coal Company
Final assessment reopened and remanded
Colowyo Coal asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
DBS, Inc.
Final assessment reopened and remanded
DBS asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief Administrative Law…
Cemex de Puerto Rico
Unscheduled absence supported reopening
Cemex de Puerto Rico sought to reopen two penalties from an assessment covering 11 citations. The assessment was left unopened on the responsible official's desk because he was expected to return soon from a business trip, but he instead took an unscheduled vacation. His assistant did not recognize…
Shell Gulf of Mexico, Inc. and Shell Offshore, Inc.
In re Shell Gulf of Mexico, Inc. and Shell Offshore, Inc. (EAB OCS Appeal Nos. 10-01 through 10-04): review denied in part and PM2.5 issue remanded
The EAB considered four additional issues arising from Shell Gulf of Mexico's and Shell Offshore's OCS permits for the Frontier Discoverer drilling unit and associated vessels. The Board upheld the Region's conclusions that Icebreaker #2 was not part of the OCS source while setting or retrieving…
Arsi Corporation
Final assessment reopened and remanded
Arsi Corporation asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
Darrell Lambert, employed by LVI Environmental, Inc.
Failed delivery left individual assessment nonfinal
MSHA assessed an individual penalty against Darrell Lambert under section 110(c) but sent the assessment to LVI Environmental's former Seattle office after Lambert had been laid off, relocated to New Jersey, and arranged mail forwarding. Lambert learned of the delinquency in late June 2010…
Parkwood Resources, Inc.
Secretary's reopening request granted
The Secretary asked the Commission to reopen a penalty assessment involving Parkwood Resources that had become a final order. Parkwood did not oppose the request. After reviewing the circumstances, the Commission reopened the matter and directed the Secretary to issue a new proposed assessment…
Centex Materials, LLC
Missing mailed contest assessment reopened
Centex Materials received an assessment covering six citations and said it mailed payment for three penalties together with a contest of the remaining penalties to MSHA's St. Louis office. MSHA had no record of receiving the contest in either St. Louis or Arlington, where the form should have been…
AKM LLC d/b/a Volks Constructors
Four recordkeeping violations treated as continuing
Volks failed to create incident reports and log entries for numerous injuries, review its logs for completeness, obtain executive certification of annual summaries, and keep one annual summary posted for the full required period. The Commission majority held that the first four omissions continued…
Copeq Trading Company, Inc.
In re Copeq Trading Company, Inc. (EAB TSCA Docket No. TSCA-HQ-2011-5005): penalty paid and case resolved
The EPA alleged that Copeq Trading Company, Inc. violated section 8(a) of the Toxic Substances Control Act by failing to comply with the statute's reporting requirements. EPA proposed a civil penalty of $74,536. Copeq paid the full proposed penalty, which provided a quick resolution under the…
Chemson Inc.
In re Chemson Inc. (EAB TSCA Docket No. TSCA-HQ-2011-5003): penalty paid and case resolved
The EPA alleged that Chemson Inc. violated section 8(a) of the Toxic Substances Control Act. EPA proposed a civil penalty of $260,872. Chemson paid the full proposed penalty, which provided a quick resolution under the Consolidated Rules of Practice. The Environmental Appeals Board issued a Final…
Matter of Khanh Hoang VO
Attempt offenses can qualify as crimes involving moral turpitude
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Vietnamese lawful permanent resident. The Board held that when the substantive offense underlying an attempt conviction is a crime involving moral turpitude, the…
Heff's Tuckpointing
Residential roof fall-protection violation affirmed
Heff's employee worked on a steep residential roof about eleven feet above the ground while removing bricks from a chimney without conventional fall protection. The judge found that the nearby scaffold did not reliably prevent a fall and that Heff's had not shown anchors, guardrails, or other…
Diversified Maintenance Systems
Medical-response planning citation vacated
OSHA cited Diversified Maintenance because its only onsite employee's first-aid and CPR certifications had expired. The judge held that OSHA cited the planning requirement in § 1926.50(b), not the separate certification requirement in § 1926.50(c). Before work began, the company had identified an…
Vulcan Construction Materials, LP
In re Vulcan Construction Materials, LP (EAB PSD Appeal No. 10-11): permit remanded for PM2.5, monitoring, and margin analysis
The Illinois Environmental Protection Agency issued Vulcan Construction Materials, LP a PSD permit for renewed operation of a lime manufacturing plant in Manteno, Illinois. The Sierra Club challenged the permit's particulate-matter limits, preconstruction monitoring, NOx and carbon-monoxide limits…
Big Ridge, Inc.
Eight contested violations affirmed, electrical-exam citation vacated
Big Ridge faced 78 alleged violations across four dockets at its Willow Lake underground coal mine, with proposed penalties totaling $481,148. The parties settled all but nine matters. Judge Margaret A. Miller affirmed eight contested violations involving combustible accumulations, a 20-foot gap in…
Highland Mining Company, LLC
Three S&S violations affirmed with $64,752 penalty
MSHA cited Highland Mining at its Highland 9 Mine for excessive roof-bolt spacing under the approved roof-control plan, extensive combustible accumulations along a belt entry, and a belt rubbing its structure in unsafe operating condition. Judge William B. Moran credited the inspectors' accounts…
Emerald Coal Co.
85% settlement reduction denied for inadequate support
The Secretary proposed settling six orders against Emerald Coal for $30,773, reduced from original assessments totaling $208,685. The individual reductions ranged from 76% to 97%, but Judge William B. Moran found that the motion offered terse conclusions instead of facts explaining the changes. He…
Drummond Company, Inc.
Unexplained five-month delay defeated reopening
Drummond's counsel said he missed a penalty-contest deadline after failing to save a mobile-phone calendar reminder while traveling in an area without data service. The company discovered the omission during a later file audit and described the missed reminder as an isolated inadvertent error. The…
Cantera Hipodromo, Inc.
Undelivered show-cause order supported vacating default
An ALJ entered a default against Cantera Hipodromo after the company did not answer a penalty petition or respond to a show-cause order. The record showed that the show-cause envelope was returned as undeliverable, and Cantera said it never received the order. The Secretary did not oppose relief…
Alsop Sand Company, Inc.
Final assessment reopened and remanded
Alsop Sand asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief Administrative…
Matter of Samuel Esaul GUEVARA ALFARO
Statutory rape can qualify as a crime involving moral turpitude
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Salvadoran lawful permanent resident. The Board held that the Attorney General's interpretation of statutory rape involving a victim under 16 as a crime involving…
Shawn Telsi, d/b/a Life Time Homes, Green Pines, and/or Telsi Builders
Excavation violations affirmed with $91,200 penalty
Telsi controlled a temple-construction site where subcontractor employees worked in a deep excavation with vertical walls, large spoil piles at the edges, no nearby safe egress, uncovered holes, defective ladders, and uncapped rebar. The judge found Telsi was both the controlling and creating…
Paramount Advanced Wireless, LLC
$19,276.65 EAJA award granted
Paramount prevailed after a fall-protection citation arising from a fatal tower accident was vacated, then sought fees under the Equal Access to Justice Act. The judge found the Secretary's litigation position was not substantially justified because it rested on a readily correctable…
Liggett Mining, LLC
Unconfirmed emails insufficient to reopen assessments
Liggett Mining asked the Commission to reopen three assessments covering 54 citations and $67,544 in penalties. Its human-resources manager said the assessments were emailed to the company's representative for contesting, but the company could not confirm that the emails were received. The…
Emerald Coal Resources, LP
Two unwarrantable violations modified, $38,709 assessed
MSHA issued Emerald Coal two section 104(d) orders for extensive combustible accumulations and an inadequate preshift examination at Emerald Mine No. 1. Judge Kenneth R. Andrews found that the accumulations and examination failures were caused by unwarrantable failure and high negligence. He…
Fox Knob Coal Company
Berm citation vacated, steering violations modified
MSHA cited Fox Knob Coal at a surface mine for an inadequate dump-site berm and unsafe steering mechanisms on two large rock trucks. Judge L. Zane Gill vacated the berm citation because a dozer operator was actively spotting trucks by radio, which qualified as a similar means of preventing…
Spartan Mining Company
Final assessment reopened and remanded
Spartan Mining asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
Thunder Basin Coal Company, LLC
Final assessment reopened and remanded
Thunder Basin Coal asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
Johnson Construction Materials
Office move and unforwarded mail supported reopening
Johnson Construction Materials asked the Commission to reopen an assessment it did not receive on time after relocating its office. A business at the former location had signed for Johnson's mail but did not forward it. The Secretary did not oppose reopening but noted that operators must keep their…
Holschbach Excavating, Inc.
Final assessment reopened and remanded
Holschbach Excavating asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
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.