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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Energy West Mining Company
Ventilation-plan dispute vacated and remanded
Energy West Mining Company was cited after an inspector measured 22,680 cubic feet of air per minute at the intake end of a longwall face where the mine's approved ventilation plan required 30,000 cubic feet per minute. Energy West argued that the requirement applied only during active coal…
Old Ben Coal Company
Inspection-access citation and order vacated
Old Ben Coal Company was cited and ordered to abate after it declined to provide an MSHA inspector with underground transportation during a quarterly inspection. The company provided elevator access and the inspector continued inspecting on foot, but MSHA alleged that the refusal impeded the…
Rick Stevenson v. Beaver Creek Coal Company
Summary decision denied in discrimination case
Rick Stevenson alleged that Beaver Creek Coal Company laid him off because of his safety and health activities and challenged the effect of a general release he signed when he received severance pay. Judge John J. Morris found a genuine factual dispute about whether the release was supported by…
Lehigh Portland Cement, Co.
Summary decision denied in discrimination case
Gerard Sapunarich alleged that Lehigh Portland Cement suspended him without pay after he reported dust and other health and safety problems. Lehigh argued that the suspension was based on threats and abusive language, not protected activity. Judge Gary Melick found a genuine dispute over the…
H. B. Zachry Company
Motion for summary decision denied
H. B. Zachry Company performed repair work at Texas Utilities Mining Company's Martin Lake Strip Mine after a fatal accident. Zachry argued that it was not subject to the Mine Act because it lacked a continuing presence at a mine, was not an independent contractor within the Act's scope, and…
Emery Mining Corporation And/Or Utah Power & Light Company
Wilberg Mine Fire report excluded
Emery Mining Corporation and Utah Power & Light Company asked the judge to exclude the Secretary's report about the 1984 Wilberg Mine Fire from evidence in related contest and civil penalty proceedings. The judge found that the report contained factual and legal conclusions without an adequate…
Utah Power & Light Co.
Interlocutory review denied pending clearer liability theory
Utah Power & Light's Mining Division sought interlocutory review after an ALJ denied its motion for summary decision in proceedings arising from the Wilberg Mine fire and loss of life. Utah Power argued that it was not liable as Emery Mining Corporation's successor in interest, while the Secretary…
Greenwich Collieries, Division of Pennsylvania Mines Corporation
Five withdrawal orders modified to section 104(a) citations
After a methane explosion at Greenwich No. 1 mine killed three miners and injured eleven, MSHA issued five section 104(d)(1) withdrawal orders tied to alleged violations. Greenwich argued that the orders were invalid because they were not issued within 90 days of the underlying citation and were…
Clinchfield Coal Company
One-week miner compensation awarded on remand
Following an underground explosion at the McClure No. 1 Mine, MSHA issued an imminent-danger withdrawal order and later cited underlying mandatory-standard violations. On remand, Judge Gary Melick held that the parties' stipulation established the required connection between the withdrawal order…
Benjamin Coal Company
Miners' representatives entitled to accompany MSHA inspector
Benjamin Coal Company barred two United Mine Workers of America health and safety representatives from accompanying an MSHA inspector during a spot inspection requested by four miners. Judge George A. Koutras held that the four miners had designated the UMWA, which in turn designated Barry Mylan…
Carbon County Coal Company
Ventilation-plan dispute dismissed
Carbon County Coal Company was cited for operating its Carbon No. 1 Mine without an approved ventilation and methane and dust control plan under 30 C.F.R. § 75.316. The dispute concerned whether the mine had to supply auxiliary fans with air greater than their free discharge capacity, rather than…
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.