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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Navajo Concrete Inc.
Default order vacated and remanded
Navajo Concrete failed to answer the Secretary's proposed civil-penalty assessment and a judge's order to show cause, leading the judge to enter a default order assessing $1,371. Navajo's president later sent a letter saying the company had replied to a Department of Labor attorney. The Commission…
Higman Sand & Gravel, Inc.
Default order vacated and case remanded
This civil penalty proceeding involved Higman Sand & Gravel's failure to answer a complaint proposing a $292 penalty for an alleged violation involving toilet facilities at a surface metal and nonmetal mine. An administrative law judge entered a default order after Higman did not answer the…
Higman Sand & Gravel, Inc.
Default order vacated and case remanded
This civil penalty proceeding involved Higman Sand & Gravel's failure to answer a complaint proposing a $362 penalty for an alleged violation involving an audible warning device at a surface metal and nonmetal mine. An administrative law judge entered a default order after Higman did not answer the…
Magma Copper Company, Pinto Valley Division
Default order vacated and remanded
Magma Copper failed to file its answer with the Commission in a civil penalty case, and the Chief Administrative Law Judge entered a default order assessing the Secretary’s proposed $20 penalty. Magma said it was representing itself and had sent its answer and response to the Department of Labor’s…
United Rock Products Corp.
Default order vacated and remanded
United Rock Products failed to answer a civil penalty petition and a judge's show-cause order, so the judge entered a default order assessing the proposed $3,670 penalty. The company's safety director later sent its answer to the wrong office and asked that the default be revoked. The Commission…
Turner v. New World Mining, Inc.
Late review request allowed to proceed
Wayne Turner challenged an administrative law judge's decision that New World Mining had not discriminated against him under the Mine Act. His lawyer's filing arrived after the 30-day deadline and was treated as a brief instead of a petition for discretionary review. The Commission found that…
Randy Coal Company
Default order vacated and case remanded
Randy Coal failed to answer a civil penalty proposal and did not respond to a judge's show-cause order, so the judge entered a default order assessing a $98 penalty. The company later sent a letter saying it believed it had been released from the violation. The Commission treated the letter as a…
Flippy Coal Company, Inc.
Default order vacated and remanded
Flippy Coal failed to answer a civil-penalty petition and a show-cause order, so the ALJ entered a default order assessing $1,486 in proposed penalties. The company later sent an explanation to the Commission, apparently believing it should respond to the Department of Labor rather than the…
Walker Stone Company, Inc.
Default order vacated and remanded
Walker Stone failed to answer the Secretary's civil-penalty proposal and an administrative law judge's show-cause order, leading to a default order assessing $178. The Commission treated the president's timely letter as a petition for discretionary review because it described an earlier request for…
El Paso Sand Products, Inc.
Default order vacated and case remanded
This civil penalty proceeding arose under the Federal Mine Safety and Health Act. An ALJ found El Paso Sand Products in default for failing to answer the Secretary's complaint and a later show-cause order, and assessed a $345 penalty. El Paso told the Commission that it had sent written responses…
Doug Connelly Sand & Gravel
Default order vacated and case remanded
Doug Connelly Sand & Gravel was found in default after it did not respond to a Commission show cause order, and the ALJ assessed $2,179 in civil penalties. The operator's attorney had prepared an answer and mailed it to the Secretary's counsel instead of filing it with the Commission. The…
Mohave Concrete and Materials Incorporated
Default order vacated and case remanded
Mohave Concrete and Materials failed to respond to a judge's show-cause order, and the Chief Administrative Law Judge entered a default order assessing $1,231 in civil penalties. Mohave later asked the judge to vacate the default and reopen the case, attributing the missed response to a former…
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.