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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Giant Cement Holding Company
Miscaptioned answer defeats default
An ALJ entered default against Giant Cement for failing to answer the Secretary's penalty petition. Giant Cement showed that it had timely filed an answer, but the caption mistakenly listed a different docket number. The Commission's internal review confirmed that the answer had been received and…
Jesco, Inc.
Aerial-lift modification item narrowed to the clamped beam
Jesco used an aerial lift to move 31-foot, 325-pound ceiling beams at an industrial facility. It secured the first beam to the basket's guardrails with vise clamps, then moved ten later beams by resting them on the guardrails without clamps. The Commission held that the field-modification standard…
Secretary of Labor v. Granite Rock Company
Platform gap and settlement total $125
A crusher operator worked on an elevated platform with an 18-inch gap in its perimeter railing at Granite Rock's quarry. Judge Avram Weisberger held that the handrail was inadequate because the standard protects against falls and does not require the Secretary to prove that an injury was reasonably…
Secretary of Labor v. Dix River Stone, Inc.
Three violations bring $1,900
Dix River Stone contested five citations at its Kentucky surface quarry. Judge Avram Weisberger affirmed an S&S fall-protection violation because an employee worked about ten feet above the ground without a belt or line, and he assessed $1,000. He affirmed a non-S&S skid-steer violation because the…
Secretary of Labor v. Oil-Dri Production Company
Guarding and access rulings bring $8,553
Oil-Dri contested citations at its Mississippi clay mine and mill involving access, machine guards, electrical safety, alarms, and contractor training. Judge Richard W. Manning vacated a railing citation because the cited area was not regularly used or designated as a travelway. He affirmed seven…
Russell City Energy Center, LLC
In re Russell City Energy Center, LLC (EAB PSD Appeal Nos. 10-01 through 10-05): permit review denied
Russell City Energy Center, LLC sought to build a new 600-megawatt natural-gas-fired combined-cycle power plant in Hayward, California, under a prevention of significant deterioration permit issued by the Bay Area Air Quality Management District under delegated EPA authority. Five petitioners…
Teck Alaska, Incorporated
In re Teck Alaska, Incorporated (EAB NPDES Appeal No. 10-04): Red Dog Mine review denied
The Environmental Appeals Board reviewed a petition challenging monitoring conditions in the NPDES permit for Teck Alaska's Red Dog Mine, a lead and zinc mine in Alaska. The petitioners argued that EPA Region 10 abused its discretion by reducing or omitting some monitoring, relying on state…
Sharon and Walter Construction Inc.
Willful fall and repeat training violations affirmed
Two workers installed a metal roof without fall protection, and one was injured in a fall. The Commission held that both workers were employees of Sharon and Walter Construction, despite the company's attempt to treat one as an independent contractor. It affirmed the fall-protection violation as…
Secretary of Labor v. Knight Hawk Coal, LLC
Nine settlements reduce penalties to $10,710
Knight Hawk Coal settled nine citations from inspections at its Prairie Eagle and Royal Falcon mines. The parties agreed to penalty reductions on several citations and changed two citations in the LAKE 2009-523 docket to non-S&S. Judge Margaret A. Miller found the settlement consistent with the…
Matter of Dency Epen SORAM
Child endangerment can qualify as child abuse
The Board reviewed a Micronesian respondent's appeal from a removal order based on a Colorado child-abuse conviction. The Board held that an offense involving knowingly or recklessly permitting a child to be placed in a situation posing a threat of injury can categorically qualify as a crime of…
Parker-Northwest Paving Company
One reopening time-barred, one inadequately explained
Parker-Northwest asked to reopen two final penalty assessments and generally admitted negligent handling without giving specific facts. The Commission denied reopening of Assessment No. 000177107 with prejudice because the company waited more than one year after it became final, exceeding Rule…
Culp & Son, LP
Unopposed assessment is reopened
Culp & Son asked the Commission to reopen a proposed penalty assessment that had become a final order when it was not contested within 30 days. The Secretary did not oppose the request. The Commission explained that Rule 60(b) principles permit relief from a final order for mistake, inadvertence…
Secretary of Labor v. Caballo Coal Company, LLC
Snow citation reduced to non-S&S with a $100 penalty
Caballo Coal Company operates a surface coal mine in Wyoming. MSHA cited the company because snow and ice on regularly used walkways had not been sanded, salted, or cleared as soon as practicable. Judge Richard W. Manning found a technical violation because miners had used the walkways and salt was…
Pinky's Aggregates, Inc.
Commission reopens defaulted penalties after finding an overlooked letter
Pinky's Aggregates failed to contest $463 in proposed penalties within 30 days, and the assessment became a final Commission order. The Commission had twice denied reopening because the operator had not adequately explained the late filing. A three-member majority later found an overlooked letter…
Secretary of Labor v. Newtown Energy, Inc.
Roof-control citation affirmed with negligence reduced
Newtown Energy operated the underground Coalburg Number One Mine in West Virginia. MSHA cited the company because deteriorated roof conditions and ineffective bolts exposed the weekly examiner to a roof-fall hazard in a worked-out area awaiting approval for sealing. Judge David F. Barbour affirmed…
Secretary of Labor v. U.S. Silica Company
Three plant citations result in $700
U.S. Silica operated a sand-processing plant in Jackson, Tennessee. Judge Margaret A. Miller affirmed an S&S guarding citation because sharp edges protruded from a loose conveyor guard in an area employees regularly entered, and she assessed $500. She also affirmed two housekeeping citations for…
Secretary of Labor v. Musser Engineering, Inc., and PBS Coals, Inc.
PBS mapping violation affirmed and Musser citation vacated
The case followed the Quecreek Mine inundation, in which nine miners were trapped for 77 hours after mine workings broke into a flooded abandoned mine. The Commission unanimously affirmed that PBS Coals violated the mine-mapping standard by failing to maintain an accurate map of adjacent workings…
Deer Park Roofing, Inc.
Fall citation vacated for supervisory misconduct
A Deer Park Roofing foreman worked near the edge of a low-slope canopy roof without fall protection, about 12 feet 8 inches above the lower level. The judge found that the standard applied, the foreman was exposed, and no permitted fall-protection method was in use. Deer Park nevertheless proved…
Fresenius USA Manufacturing, Inc. d/b/a TruBlu Logistics
Medical-availability and cable items vacated
OSHA inspected a Fresenius distribution warehouse after an employee reported an electric shock while disconnecting a forklift battery. The judge vacated the allegation that medical personnel were not readily available, finding that the cited rule did not require contact within a fixed time and that…
Secretary of Labor v. Three Way Portable Crushing, Inc.
High-wall citation affirmed with negligence reduced
Three Way Portable Crushing was a small crushed-stone operator working below a roughly 200-foot quarry wall. MSHA cited loose rock, dead trees, and other unconsolidated material on the wall while a loader worked near an incomplete berm. Judge David F. Barbour affirmed the violation and its S&S…
Aracoma Coal Company, Inc.
Commission refuses to reopen a $200,000 assessment
Aracoma Coal asked the Commission to reopen a penalty assessment exceeding $200,000 after missing the 30-day contest deadline. The company said a newly adopted internal process should have placed the contest in the mail on July 27, 2009. The record instead showed a September 2 postmark, and Aracoma…
Harvey Trucking, Inc.
Reopening requests denied without prejudice
Harvey Trucking asked the Commission to reopen two proposed penalty assessments that became final when the company did not contest them within 30 days. The Secretary did not oppose reopening. The Commission found the company's explanations too general because one request cited an office closure due…
Long Branch Energy
Misplaced assessment explanation is too vague for reopening
Long Branch Energy sought to reopen penalties for three citations after its proposed assessment form was misplaced. The company described the missed deadline only as inadvertence or mistake. The Commission found that explanation too conclusory, particularly because the Secretary identified another…
Secretary of Labor v. Wolf Run Mining Company
Safeguard violations may be designated S&S
Wolf Run Mining violated a mine-specific safeguard requiring a safe way to cross a moving conveyor belt after someone crossed beneath a return belt with no crossover. The parties stipulated to the violation, moderate negligence, a $1,304 penalty, and facts supporting serious injury, but the…
L.G. Everist, Inc.
Vague mistake claim does not justify reopening
L.G. Everist asked the Commission to reopen a penalty assessment covering eight citations and one order after missing the 30-day contest deadline. The company said it intended to contest one proposed penalty, but the assessment form was not processed on time because of inadvertence and mistake by…
Performance Coal Company
Stay denial was not ready for Commission review
Performance Coal operated the Upper Big Branch Mine, where an April 2010 explosion caused multiple fatalities. The Secretary sought to stay 44 civil penalty dockets because of a related criminal investigation, and the operator agreed that a temporary stay was appropriate. The judge denied a stay…
Trivette Trucking
Three final assessments reopened
Trivette Trucking asked the Commission to reopen three penalty assessments that had become final orders after the contest deadline passed. The Secretary did not oppose the requests. After reviewing the circumstances, the Commission reopened all three matters and remanded them for further…
Matter of CHAWATHE
Publicly traded U.S. corporations can qualify as American firms
The Administrative Appeals Office reviewed an applicant's appeal from the denial of an application to preserve residence for naturalization purposes. It held that a publicly held corporation can qualify as an American firm or corporation when the applicant shows that the corporation is incorporated…
Matter of AL WAZZAN
An unapproved petition is not valid after 180 days
The Administrative Appeals Office reviewed an applicant's appeal from the denial of an application to adjust status to permanent resident. The applicant argued that an employment-based immigrant visa petition should remain valid after 180 days under the job-portability provision, even though USCIS…
Twentymile Coal Company
Dust and examination violations yield $143,538 penalty
Twentymile operated the large underground Foidel Creek coal mine in Colorado. Judge Richard W. Manning affirmed two coal-dust accumulation orders as S&S and unwarrantable failure, and he found a related inadequate preshift examination S&S while reducing its negligence to moderate. He modified…
Blue Mountain Production Co.
Seven citations affirmed and one guarding citation vacated
Blue Mountain operated the Jasper Creek Mine in Mississippi and contested eight citations from August 2008 inspections. Judge Margaret A. Miller affirmed an S&S and unwarrantable-failure citation for operating a conveyor with accessible, unguarded moving parts, assessing $2,000 for that violation…
Secretary of Labor o/b/o Jose A. Chaparro v. Comunidad Agricola Bianchi, Inc.
Dismissal and deposition motions denied
The Secretary brought a discrimination case on behalf of Jose A. Chaparro against Comunidad Agricola Bianchi and three individual respondents. The respondents sought dismissal, arguing that the individuals were not operators or persons under the Mine Act and that an amended complaint was untimely…
Eastern Associated Coal Corp.
Roof-control unwarrantable-failure analysis remanded
MSHA cited seven areas of inadequate roof support in a 7,000-foot entry used to store mine cars at Eastern Associated Coal's Federal No. 2 Mine. The judge affirmed the S&S roof-control violation but found no unwarrantable failure and assessed $3,000. The Commission majority held that the judge used…
Marfork Coal Company, Inc.
Paid penalties make reopening request moot
Marfork Coal asked the Commission to reopen a $23,788 assessment covering 20 violations after filing its contest one day late. The Secretary did not oppose reopening but reported that Marfork had already paid the penalties by two checks. Marfork did not dispute that the assessment was paid in full…
Joshua Coal Company
Timely contest sent to wrong MSHA office excused
Joshua Coal sought to contest a $500 assessment covering five violations. The company mailed a timely hearing request to MSHA's Denver District Office rather than the Civil Penalty Compliance Office listed on the assessment notice. The district office did not know that the proposed assessment had…
Sumitomo Metal Mining Pogo, LLC
Final assessment reopened without opposition
Sumitomo Metal Mining Pogo asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose reopening. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings…
Smith Farm Enterprises, LLC
In re Smith Farm Enterprises, LLC (EAB CWA Appeal No. 08-02): wetlands jurisdiction affirmed, decision later vacated
Smith Farm Enterprises, LLC appealed an administrative law judge's decision about wetlands on its property and discharges made without Clean Water Act permits. The Environmental Appeals Board held that the wetlands had a significant nexus with downstream navigable waters and therefore fell within…
Parkstone
Late reopening request and jurisdiction defense rejected
Parkstone asked to reopen an assessment almost two years after it became a final Commission order, saying it mistakenly believed the citations had been dismissed in other litigation. Chief Judge Robert J. Lesnick held that the mistake claim was untimely and lacked enough detail to show…
Dynamic Energy, Inc.
Grader-assisted trucks were not under full control
Dynamic Energy used a steep dirt and gravel haul road at its Coal Mountain surface mine in West Virginia. When loaded coal trucks lost traction on the grade, a motor grader pushed them uphill until they could continue alone. The judge held that the truck driver shared acceleration and deceleration…
Maybell Enterprises, Inc.
Unopposed reopening request granted
Maybell Enterprises asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Michael R. Lee v. Genesis, Inc.
Performance-based discharge was not discrimination
Michael Lee worked at Genesis's Troy Mine, an underground copper and silver operation in Montana, and made several safety complaints during his employment. Genesis acknowledged that the complaints were protected and that Lee's discharge was an adverse action. Judge Alan G. Paez found no causal…
Bill Smith Sand and Gravel
Two assessments reopened
Bill Smith Sand and Gravel asked the Commission to reopen two penalty assessments that had become final orders after the contest periods expired. The Secretary did not oppose either request. After reviewing the circumstances, the Commission reopened both assessments and remanded them for further…
American Coal Company v. Secretary of Labor, MSHA
No-flame mine-fire ruling later reversed
MSHA issued a section 103(k) control order after inspectors saw smoke and white ash at five locations on American Coal's New Future stockpile and smelled burning coal, but observed no flames. The parties agreed that whether a mine fire existed would decide the contest. Judge Avram Weisberger relied…
Mach Mining, LLC
Escapeway examination violation held S&S but not unwarrantable
Mach Mining left gob, loose concrete blocks, track material, and crib ties in a primary escapeway for about five weeks without recording the conditions in weekly examination reports. Judge Avram Weisberger held that failing to record the hazards violated section 75.364(h) and was S&S because the…
United Salt Corporation
Final assessment reopened and remanded
United Salt asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It directed…
Sequoia Energy, LLC
Four S&S truck citations affirmed with reduced penalties
Sequoia Energy faced eleven citations involving equipment at its Kentucky coal preparation plant. After three citations were vacated and four were settled for $3,343, Judge Jerold Feldman decided four S&S citations involving defective exhaust and lighting, damaged or missing mirrors, hydraulic oil…
Performance Coal Company v. Secretary of Labor, MSHA
Upper Big Branch investigation protocols upheld
After the accident at Performance Coal's Upper Big Branch Mine, MSHA and West Virginia officials adopted protocols governing underground investigation teams, photography, mapping, dust sampling, and evidence testing. Performance sought to modify the section 103(k) order so it could conduct more of…
Secretary of Labor v. Blue Diamond Coal Company and Gary L. Jent
Estoppel and witness-exclusion motions denied
Blue Diamond argued that an earlier decision barred relitigation of airflow at the last open crosscut. Judge Alan G. Paez denied the motion because the earlier case concerned missing stoppings under section 75.333(b)(2), while the current order alleged a ventilation-plan violation under section…
Double Bonus Coal Company
Signed certified mail defeats reopening requests
Double Bonus Coal sought to reopen two penalty assessments, first claiming it had not received them because MSHA used certified mail rather than Federal Express. The record showed that both assessments were delivered to the operator's legal address and signed for. Double Bonus then acknowledged…
M & M Clays, Inc.
Unopposed assessment reopening granted
M & M Clays asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It directed…
Richard C. Budine
Final assessment reopened without opposition
Richard C. Budine asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Casella Construction Inc.
Final assessment reopened and remanded
Casella Construction asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Climax Molybdenum Company
Final assessment reopened and remanded
Climax Molybdenum asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Sierra Rock Products
Final assessment reopened and remanded
Sierra Rock Products asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
German Alaverez v. Loudoun Quarries / Chantilly Crushed Stone
Discrimination case dismissed as moot
German Alvarez alleged that he was fired for reporting a broken dump-truck seat to an MSHA inspector and initially sought reinstatement and back pay. At the hearing, he repeatedly testified that he had not wanted to return to the employer from the day after his discharge onward. His counsel agreed…
Oak Grove Resources LLC
Final assessment reopened without opposition
Oak Grove Resources asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Keystone Cement Company
Conference-request confusion excused
Keystone Cement missed the penalty-contest deadline after a plant manager submitted a conference request for seven citations in the assessment. The Secretary opposed reopening because the conference acknowledgment explained that the assessment still had to be contested and a conference request does…
Essroc Cement Corporation
Final assessment reopened and remanded
Essroc Cement asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It directed…
Matter of C-T-L-
One central reason standard applies to withholding of removal
The Board reviewed a Brazilian respondent's appeal after an Immigration Judge denied asylum, withholding of removal, and protection under the Convention Against Torture. The Board held that the REAL ID Act's one central reason standard applies to withholding of removal claims as well as asylum…
Austin Powder Company
Final assessment reopened and remanded
Austin Powder asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It directed…
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.