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. Cedar Lake Sand & Gravel Co.
One assessment reopened and answers required
Cedar Lake timely contested three citations, but Mine Act procedure separately required it to contest the later proposed penalties. It timely contested assessments for two citations but did not answer the Secretary's resulting penalty petition. It failed to contest the assessment for the third…
Secretary of Labor v. WKJ Contractor's Inc.
Second reopening request denied
WKJ Contractor's first reopening request was denied because it described misfiling a citation contest but did not explain why the company failed to contest the later penalty assessment. The Commission expressly invited a renewed request with a full explanation and supporting documents. WKJ waited…
Secretary of Labor v. Specialty Rock Products, Inc.
Misaddressed contests reopened
Specialty Rock Products attempted to contest two proposed assessments within the 30-day deadline. It sent the contest forms to MSHA's Franklin, Tennessee office instead of the Civil Penalty Compliance Office in Arlington, Virginia, whose address appeared on the forms. The Secretary did not oppose…
Matter of Lynette S. ROSE
A deceased spouse need not sign a joint petition
The Board reconsidered a removal case involving a conditional lawful permanent resident whose petitioning spouse died during the two-year conditional period. The respondent had timely filed the Form I-751 petition to remove the conditions and had appeared for the required interview, but the…
Titan Tire Corp. and Dico, Inc.
In re Titan Tire Corp. and Dico, Inc. (EAB CERCLA 106(b) Petition No. 09-01): reimbursement petition dismissed without prejudice
Titan Tire Corp. and Dico, Inc. sought reimbursement for costs incurred while performing removal work under an EPA Region 7 administrative order for the Southern Iowa Mechanical Site in Iowa. They filed the reimbursement petition two days after submitting their final project report to EPA. Region 7…
Secretary of Labor v. Drum Sand & Gravel, Inc.
Reopening request omitted missed-deadline reason
Drum Sand & Gravel asked to reopen a final penalty assessment and explained why it wanted to contest several citations. It did not explain why it had failed to return the assessment contest form on time or identify any mistake, inadvertence, or excusable neglect. MSHA's records showed that the…
Billy Brannon v. Panther Mining, LLC
Deposition of opposing counsel denied
Panther Mining sought to depose Billy Brannon's attorney about the communications that led to safety complaints and about a letter identifying Brannon as the source of an imminent-danger complaint. Panther argued that the attorney, rather than Brannon, had reported the conditions and that the…
Matter of Jose MARCAL NETO, et al.
Immigration Judges may decide job portability
The Board reconsidered whether Immigration Judges may decide if an approved employment-based visa petition remains valid after a worker changes jobs or employers. The Board overruled Matter of Perez Vargas and held that Immigration Judges and the Board have jurisdiction to decide job portability…
Secretary of Labor v. Black Castle Mining Company and Michael Vira
Pipeline examination citation vacated
A bulldozer operator was fatally injured when his machine struck and ruptured a buried natural-gas pipeline at Black Castle's surface coal mine. MSHA alleged that the company and superintendent Michael Vira failed to identify inadequate pipeline marking during required examinations and sought…
Secretary of Labor v. Higgins Stone Company, Inc.
Office-move explanation lacked required details
Higgins Stone said a proposed assessment was lost when the company moved its office to another city. It did not state when the move occurred, explain how the assessment had been handled, or identify which of the 16 violations it wanted to contest. The Secretary did not oppose reopening but urged…
Secretary of Labor v. Paulson Rock Products
Timely district-office contest reopened
Paulson Rock Products called its local MSHA office after receiving a proposed assessment for nine citations. Based on that conversation, it sent the district office a letter contesting six penalties and citations within the 30-day deadline. The assessment form instead directed contests to MSHA's…
Secretary of Labor v. XMV, Inc.
Supported second reopening request granted
The Commission had denied XMV's first reopening request because it did not adequately explain the missed assessment deadline. XMV returned with affidavits and documents showing that the company and its counsel had misunderstood who would file the contest while the safety director was occupied with…
Matter of Gabriel GAMERO Perez
Missing voluntary-departure advisals require a new period
The Board reviewed a respondent's appeal from the denial of cancellation of removal and the grant of voluntary departure conditioned on posting a bond. The Board agreed that the respondent had not shown the exceptional and extremely unusual hardship required for cancellation of removal. It also…
Secretary of Labor v. Allgeier Martin & Associates, Inc.
Omitted order penalty reopened
MSHA assessed Allgeier Martin for a citation and an order. The contest form submitted by mine operator Carthage Crushed Limestone marked only the citation penalty as contested, although Allgeier intended to contest both. Carthage sought reopening immediately after receiving a delinquency notice for…
Secretary of Labor v. Long Branch Energy
Five-day-late contest reopened
Long Branch Energy's president completed a form contesting four penalties on the deadline but mistakenly did not mail it before a holiday weekend. He realized the error five days later and immediately mailed the form. After MSHA advised that the penalties had become final, the company promptly…
Secretary of Labor v. Seymour Stone
Timely local-office contest reopened
Seymour Stone sought to contest penalties for six citations and one order. It apparently sent the contest to a local MSHA district office within the 30-day deadline instead of the Civil Penalty Compliance Office in Arlington, Virginia. The Secretary did not oppose reopening but noted the filing…
Secretary of Labor v. Rogers Group, Inc.
Two-docket explanation needed more detail
Rogers Group missed the deadline to contest an assessment covering eight citations and one order. It explained only that it had not realized citations from the same inspection came in two dockets. The Secretary did not oppose reopening. The Commission found that the statement did not sufficiently…
Secretary of Labor v. Pinky's Aggregates, Inc.
Misplaced-assessment claim needed detail
Pinky's Aggregates said it missed the deadline to contest a proposed assessment because the document was misplaced. It emphasized that the assessment involved serious citations but gave no details about how the loss occurred or who had handled the form. The Secretary did not oppose reopening but…
Burford’s Tree, Inc.
Inoperable-seatbelt violation reinstated
A Burford's Tree tractor operator was killed after the tractor rolled over and he was thrown from its cab into the path of the attached mower. The tractor's seatbelt had been inoperable for about six months. Although the foreman submitted weekly reports claiming daily inspections, he admitted that…
Matter of Sheldon H. KRONEGOLD, Attorney
Reciprocal discipline followed state disbarment
The Board reviewed an attorney's appeal from reciprocal discipline proceedings after New York suspended him and later disbarred him. The Board held that a final state suspension or disbarment creates a rebuttable presumption that reciprocal discipline should follow, and that rebuttal requires clear…
Secretary of Labor v. Shelby Mining Company, LLC
Ventilation and preshift failures cost $10,000
At Shelby Mining's gassy underground coal mine, an inspector found an unbolted entry with a line curtain too far from the face and no evidence that the required exhaust curtain had been used during mining. The preshift examiner had also failed to identify or record the ventilation defects and…
Secretary of Labor v. Ohio County Coal Company
Roof, cable, and fire citations yield $4,707
MSHA cited 11 conditions at Ohio County Coal's underground Freedom Mine involving roof support, an electrical cable splice, equipment permissibility, and fire suppression. Six citations were settled, including two vacated citations and four paid at the assessed amounts. Of the five litigated…
Tire Star, Inc.
Roof, chemical, and ladder violations affirmed
Tire Star sent three automotive workers to patch the roof of a vacant building that it was renovating for use as a tire and repair facility. OSHA found that the workers used hazardous roofing chemicals without a written hazard communication program, safety data sheets, or chemical training. They…
Public Utilities Maintenance, Inc.
Energized-tower approach-distance citation affirmed
A Public Utilities Maintenance crew painted a 69-kilovolt transmission tower while the lines remained energized. An experienced crew leader received an electric shock on a tower where a live jumper loop was less than the required three-foot approach distance from part of the structure. The judge…
Acme Energy Service, Inc
Electrical items split after fatal rig-site shock
An employee at Acme's oil-drilling site died after contacting the energized metal frame of the tool pusher's trailer. The judge affirmed serious violations for unlabeled circuit breakers and uncovered openings in an electrical panel because the conditions were plainly visible and should have been…
Secretary of Labor v. Freedom Energy Mining Co.
Four violations affirmed without S&S
MSHA cited two unsupported roof and rib conditions and two combustible-material accumulations at Freedom Energy's underground coal mine. Judge Avram Weisberger found that each condition violated the applicable roof-control or accumulation standard. He removed the S&S designations because the…
Gilco Contracting Co., Inc.
Repeat excavation violation affirmed
A Gilco crew entered an excavation to expose a waterline and install a saddle valve. Three walls were properly sloped, but the western wall was vertical, the excavation was more than five feet deep, and no trench box or other protective system was present. The judge rejected Gilco's argument that…
Secretary of Labor v. Litts & Son Stone Company
Retaliation counterclaim dismissed
Litts & Son Stone Company alleged that MSHA inspectors had taken retaliatory or vindictive actions that violated the company's First Amendment rights. It asked the Judge to enjoin further retaliation and require MSHA to assign a fair and impartial inspector. Judge David F. Barbour held that the…
Liberty View Construction, Inc.
Late notice of contest dismissed
OSHA issued Liberty View Construction a citation after two inspections of a New Jersey worksite. The company received the citation on May 29, 2009, making June 19 the deadline for a notice of contest, but it filed on June 24. The judge treated the company's later letter as a request to excuse the…
Secretary of Labor v. Consol Pennsylvania Coal Company
Unexplained three-month delay defeated reopening
A 70-citation assessment reached Consol Pennsylvania's Bailey Mine during a holiday period while the superintendent was away and the mine was idle. The safety director received it later and mistakenly treated that date as the original receipt date, causing an 11-penalty contest to be filed four…
Secretary of Labor v. Consolidation Coal Company
Portal-move filing error excused
Consolidation Coal misplaced two proposed assessments while changing portals at its mine. The forms were put into a box of already processed assessments that remained at the vacated portal. When the company discovered them, it promptly requested reopening. The Secretary did not oppose relief. The…
Secretary of Labor v. IO Coal Company, Inc.
Roof-control unwarrantable finding remanded
An administrative law judge affirmed an S&S roof-control violation involving more than 15 unsupported or inadequately supported kettle bottoms but found no unwarrantable failure. The Commission majority held that the Judge had not analyzed all relevant aggravating factors, including the condition's…
Secretary of Labor v. Webster County Coal, LLC
Default review petition denied
A Chief Administrative Law Judge entered default after Webster County Coal failed to answer a penalty petition or respond to a show-cause order that the record showed it had received. Webster later moved to reopen, arguing only that it had no record of receiving the original proposed assessment…
Secretary of Labor v. Patriot Mining, LLC
Panic-bar and roof findings support $12,094 resolution
Patriot Mining litigated whether six violations were S&S, including a scoop emergency-deenergizing device that did not work consistently and five unsupported roof conditions. Judge Avram Weisberger affirmed the panic-bar violation as S&S because delayed deenergizing in the mine's low roof and…
Secretary of Labor v. Blue Haven Energy, Inc.
Certified-mail proof made reopening moot
Blue Haven Energy marked an assessment form to contest all eight proposed penalties and mailed it by certified mail within the deadline. Its delivery record showed that MSHA received the envelope two days later, although MSHA had no internal record of the contest and later listed the penalties as…
Secretary of Labor v. M & P Services, Inc.
Certified-mail contest made reopening moot
M & P Services marked its assessment form to contest a proposed penalty and mailed it by certified mail within the deadline. Its delivery record showed that MSHA received the envelope two days later, although MSHA's internal records did not contain the contest and the penalty was later listed as…
Secretary of Labor v. Solvay Chemicals
Missing contest form reopened
Solvay Chemicals said it checked the contest box for one citation on the original assessment form, but MSHA had no record of receiving the contest form. MSHA did timely receive a $576 payment covering every other proposed penalty. The Secretary did not oppose reopening the one unpaid and allegedly…
Mountain Coal Company, LLC v. Secretary of Labor
Hydraulic-hose decision corrected
Judge Richard W. Manning had affirmed a hydraulic-hose maintenance violation but originally wrote that the Secretary failed to prove it was S&S. The Secretary moved to correct the decision because she had already agreed at the hearing to delete the S&S designation. Mountain Coal did not oppose…
Secretary of Labor v. John R. Hurley
Contest timely because assessment was not received
MSHA sought an individual penalty against John Hurley under Mine Act section 110(c) and attempted to deliver the assessment by Federal Express. Hurley did not receive it despite trying to do so. After a delinquency notice arrived, his counsel obtained a copy from MSHA and immediately filed a…
Secretary of Labor v. Ray County Stone Producers, LLC
Unforwarded assessment explanation lacked detail
Ray County Stone Producers said the employee who signed for a three-citation assessment never forwarded it for action. The company wanted reopening so it could try to settle the penalties. The Secretary did not oppose relief. The Commission nevertheless held that the company had not given enough…
Secretary of Labor v. Royal Cement Company, Inc.
Restart repairs brought closed plant under MSHA
Royal Cement's quarry and cement plant had been closed since 2003, but about 16 employees were repairing the kiln in 2007 in hopes of restarting production. An MSHA inspector found that the plant lacked required material safety data sheets for hazardous chemicals. Royal Cement argued that no active…
Secretary of Labor v. RS&W Coal Company, Inc.
Wireless tracking plan citation affirmed
RS&W Coal declined to add wireless communication and electronic tracking systems to its emergency response plan because radio-frequency energy could induce current in electric blasting circuits at its anthracite mine. MSHA conducted in-mine testing, provided technical guidance, and repeatedly asked…
Matter of Maria del Carmen MARTINEZ-SERRANO
Aiding illegal entry establishes removability
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Mexican lawful permanent resident. The respondent had pleaded guilty to aiding and abetting aliens to evade immigration inspection, and the Board held that the…
Butch Thompson Enterprises, Inc.
Power-line item vacated, willful trench violation affirmed
A Butch Thompson Enterprises crew operated an excavator beneath overhead power lines and sent two workers into a 13-foot-deep excavation without cave-in protection. The judge found that the equipment-specific power-line-clearance standard applied, but OSHA's officer had only estimated the clearance…
Secretary of Labor v. Banner Blue Coal Company
Date-stamp error sent for fact-finding
Banner Blue filed late contests to two assessments after its parent company's office stamped them with a date one month after actual Federal Express delivery. The operator also said MSHA's earlier switch from certified mail disrupted its processing system, while the Secretary argued that the safety…
Secretary of Labor v. Knox Creek Coal Corporation and Ernest B. Matney
Operator liable, foreman initially dismissed
Knox Creek admitted S&S violations for an inadequate preshift examination and unprotected roof and rib hazards, leaving unwarrantable failure and penalties for decision. Judge Jerold Feldman found longstanding, obvious, and dangerous roof conditions, including sheared bolts, sloughage, and a…
Secretary of Labor v. Black Beauty Coal Company
Unsupported 80 percent settlement reduction rejected
The Secretary proposed resolving 12 citations by reducing total penalties from $104,464 to $20,394, changing six citations to non-S&S, reducing gravity on three, vacating two, and leaving one unchanged. Judge Margaret A. Miller found that the motion did not supply enough facts to justify the more…
Constructural Dynamics Inc.
Pneumatic leak-test citation vacated
Constructural Dynamics, which traded as Silvi Concrete, repaired its concrete mixer trucks at an in-house shop. A welder was killed when a repaired 200-gallon water tank exploded during a pneumatic leak test. OSHA cited the company under the general duty clause, alleging that employees were exposed…
Secretary of Labor on behalf of Mark Gray v. North Fork Coal Corporation
Temporary reinstatement dissolved after Secretary declined complaint
Mark Gray had received temporary economic reinstatement after the Judge found that the Secretary's discrimination application was not frivolously brought. The Secretary later told Gray that she would not file a discrimination complaint on his behalf. Judge Gary Melick concluded that temporary…
Secretary of Labor v. Wingdale Materials, LLC
Six-day-late penalty contest not reopened
Wingdale Materials mailed a contest of penalties associated with seven citations six days after the statutory deadline. Its safety director said travel and work demands delayed his receipt and handling of the assessment. The Commission majority found that explanation too general because he knew…
Secretary of Labor v. Highland Mining Company
Four penalty reopening requests denied
Highland Mining sought to reopen four final penalty assessments after its guard, receptionist, and safety directors failed to route or complete timely contests. The Commission denied the first request with prejudice because Highland lacked reliable delivery procedures and then waited three months…
Secretary of Labor on behalf of Lige Williamson v. CAM Mining, LLC
Economic reinstatement terms amended
After the Commission reversed an earlier denial of temporary reinstatement, Judge Jerold Feldman ordered Lige Williamson reinstated retroactive to September 30, 2009. The parties then agreed on the economic terms. This amendment required CAM Mining to pay $1,320 in gross weekly wages, restore…
Matter of Hugo PORTILLO-GUTIERREZ
Stepchild qualifies in hardship analysis
The Board reviewed a respondent's appeal after an Immigration Judge denied cancellation of removal but granted voluntary departure. The Board held that a stepchild who meets the statutory definition of a child is a qualifying relative when hardship is evaluated for cancellation of removal. Because…
Secretary of Labor v. Beylund Construction, Inc.
Scoria crusher violations affirmed
Beylund Construction operated a small scoria pit and crusher in North Dakota and admitted 18 violations involving guarding, electrical safety, training, filings, and other mine requirements. The company argued that MSHA lacked jurisdiction when the crusher was not running and objected to…
Matter of Catherine VELASCO
Voluntary-departure bond rule applied prospectively
The Board reconsidered an earlier order that had reinstated a respondent's 60-day period of voluntary departure after the respondent failed to post the required bond. The Board held that the voluntary-departure regulations effective January 20, 2009, did not apply retroactively to a…
Nuprecon LP dba Nuprecon Acquisition LP
Fall-protection citation remanded
Nuprecon employees used a Bobcat to push demolition debris through a 21-foot-wide open edge about 36.5 feet above a lower level. OSHA cited the company for inadequate fall protection and failure to retrain employees. The judge vacated both items, ruling on his own that the work was demolition…
Secretary of Labor v. Consolidation Coal Company
Belt accumulation and preshift orders affirmed
MSHA cited hazardous coal accumulations, inadequate preshift examinations, and an unguarded pulley at Consolidation Coal's Loveridge No. 22 Mine. Judge Gary Melick found that the extensive belt accumulations were obvious, had existed over multiple shifts, and created serious fire hazards near…
Secretary of Labor v. Delta Sand & Gravel Co.
Fatal-accident penalties reopened
Delta Sand & Gravel missed the deadline to contest two penalties connected to a fatal accident and initially paid them after receiving a delinquency notice. Its first reopening request was denied because it did not explain why the assessment remained unpaid for months. Delta then explained that the…
Billy Brannon and Secretary of Labor on behalf of Billy Brannon v. Panther Mining, LLC and Mark D. Shelton
Billy Brannon and Secretary of Labor v. Panther Mining, LLC and Mark D. Shelton (FMSHRC KENT 2009-302-D and others): Job-performance discovery compelled
Billy Brannon alleged that Panther Mining and superintendent Mark D. Shelton threatened him, issued a warning, and moved him to a less desirable shift because of protected activity. He sought notes made by company employees before the meeting that triggered those actions. Judge David Barbour…
Matter of Jose Alberto URENA
Bond requires a clear danger finding
The Board reviewed an Immigration Judge's order releasing a respondent from custody on a $15,000 bond. The Board held that a person who presents a danger to property or other people should remain detained without bond, and that an Immigration Judge should set a bond amount only after finding that…
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.