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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Red Coach Trucking
Penalty assessments remanded for Rule 60(b) review
Red Coach Trucking asked to reopen four penalty assessments after its owner did not receive them at the plant and mistakenly believed that an assessment he paid was the only one. The company said it contacted MSHA when the later assessments arrived, but the filing deadline passed during subsequent…
Eclipse C Corporation
Related penalty assessments remanded for Rule 60(b) review
Eclipse C Corporation asked to reopen two penalty assessments after mistakenly believing that a hearing request for another docket also covered them. The unrepresented company said all of the tickets had been issued together and asked that the matters be consolidated. The Secretary did not oppose…
Upper Valley Materials
Late penalty contest remanded for Rule 60(b) review
Upper Valley Materials asked to reopen a penalty assessment after filing its hearing request late. The unrepresented company said it was unfamiliar with Commission procedures, was in a transitional state, and would face a serious burden from the penalty. The Secretary did not oppose the request…
Star Sand Company, Inc.
Default order vacated and penalty case remanded
Star Sand Company failed to answer a penalty petition and a show-cause order after mistakenly believing the case was part of a group of matters it was settling. The judge entered a default order and assessed the Secretary's proposed $800 penalty. The Secretary did not oppose Star Sand's request for…
Harvey Trucking
Reopening request remanded for Rule 60(b) review
Harvey Trucking asked the Commission to reopen a $2,000 penalty assessment after it learned of the final order, saying it had not received the penalty proposals that were sent to its address and returned to the sender. The Commission held that it could reopen an uncontested assessment in…
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.