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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USX Corp, Minnesota Ore Operations
Penalty corrected and $800 overpayment refunded
USX Corporation had paid a $5,767 assessment in LAKE 92-399-M-A, including an $800 penalty for Citation 3892662. A later settlement decision also included that citation and reduced its proposed penalty to $311, so the operator asked to reopen the matter after discovering the duplication. Judge Paul…
M.A.G., Inc.
Default orders vacated and remanded
M.A.G., Inc. failed to answer the Secretary's civil penalty proposal and an order to show cause, so the Chief Administrative Law Judge entered six default orders assessing $14,370 in proposed penalties. M.A.G.'s president later sent the Commission a letter asking to withdraw the defaults and…
Martin Sales & Processing
Default decision vacated and remanded
Martin Sales & Processing failed to respond to discovery requests and an order to show cause, so the ALJ entered a default decision assessing $32,166 in proposed penalties. Martin's attorney later filed a motion stating that a response had been timely filed, although the Commission could not…
Reid v. Kiah Creek Mining Company
Settlement approved and proceeding dismissed
Reid brought a Mine Act discrimination proceeding against Kiah Creek Mining Company. Administrative Law Judge Avram Weisburger had found that Reid had not established a violation under section 105(c), but the parties entered a settlement two days after the decision was issued. The Commission…
Black Mountain Coal Mining, Incorporated
Settlement amended to add $1,000 in attorney fees
Robert C. Teaney brought discrimination proceedings against Black Mountain Coal Mining, and the parties reached a settlement. Judge Gary Melick amended the settlement decision to add $1,000 in attorney fees for Teaney's counsel. The amended decision also noted payment of $3,600 in backpay and $400…
Little Rock Quarry Company, Incorporated
Dismissal order vacated and matter remanded
An ALJ dismissed three civil penalty proceedings after the Secretary failed to show good cause for not complying with a prehearing order. The Secretary then filed a motion for reconsideration, stating that the parties had informally settled the cases before the dismissal order. The Commission…
Ramblin Coal Company, Inc.
Dismissal vacated and penalty proceedings remanded
An ALJ had dismissed citations involving MSHA's excessive-history penalty program after staying the proceedings while related Commission cases were decided. The Secretary filed a motion for reconsideration with the ALJ but did not file a timely petition for discretionary review, so the dismissal…
Carder, Inc.
Default order vacated and case remanded
Carder, Inc. failed to answer a civil penalty petition and a judge's show cause order, so the judge entered a default order assessing the Secretary's proposed $691 penalty. Carder later asked to rescind the default and approve a settlement, explaining that it believed the Secretary would submit the…
D J and M Coal Company, Inc.
Default order vacated and remanded
D J and M Coal Company failed to answer a civil penalty proposal and an Administrative Law Judge's order to show cause, so the Judge entered a default order assessing a $1,000 penalty. The company's president later asked to withdraw the default and stated that the company had requested a hearing…
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…
Secretary of Labor v. Paul Shirel
Default order vacated and case remanded
Paul Shirel was found in default after he did not answer the Secretary’s civil penalty proposal or the judge’s order to show cause. The judge assessed the Secretary’s proposed $1,000 penalty. Shirel petitioned for discretionary review, stating that he and his counsel had not received the relevant…
Mid-Continent Resources Incorporated
Settlement amended, one citation vacated
Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, vacated Citation No. 3586432, and affirmed Citations Nos. 9996593, 9996594, and 9996595, each with a proposed penalty of $20…
Mid-Continent Resources Incorporated
Settlement approved with reduced penalties
Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, affirmed the cited violations, and reduced several proposed penalties, including reductions from $147 to $88, $119 to $71, and…
Mid-Continent Resources Incorporated
Settlement approved with reduced penalties
Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, affirmed both cited violations, and reduced the proposed penalties from $276 and $240 to $166 and $144. The total assessment was…
Klamath Pacific Corporation
Settlement order reopened and remanded
Klamath Pacific Corporation had agreed to settle eight citations, and the ALJ approved a lump-sum penalty of $956.80 instead of the $1,472.00 originally proposed. The company later wrote that it contested all alleged violations and asked that three citations be dropped. The Commission treated that…
Waste Coal Management, Inc.
Default order vacated and case remanded
Waste Coal Management failed to answer a civil penalty petition and an order to show cause, so an ALJ entered a default order assessing $273 in penalties. The company later sent a letter asking that the default judgment be dismissed, and the Commission treated the letter as a request for relief…
Peters & Garman Construction
Default order vacated and case remanded
Peters & Garman Construction failed to answer the Secretary of Labor's civil penalty petition and an order to show cause, so the chief administrative law judge entered a default order and assessed the proposed $227 penalty. The parties later asked to rescind the default order and approve their…
Peters & Garman Construction
Default order vacated and case remanded
Peters & Garman Construction failed to answer the Secretary of Labor's civil penalty petition and the judge's order to show cause. Chief Administrative Law Judge Paul Merlin entered a default order and assessed the Secretary's proposed $40 penalty. The parties later asked to rescind the default…
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…
Smith v. Kem Coal Company
Discrimination decision vacated and remanded
Charles Smith said Kem Coal discharged him after he complained about coal falling onto his bulldozer and threatened to report safety concerns to MSHA. The administrative law judge found discrimination and awarded back pay, damages, and attorney fees. The Commission found unresolved conflicts in the…
Grefco, Inc.
Settlement approval vacated and remanded
Grefco, Inc. contested a proposed $192 civil penalty in Docket CENT 91-176-M. An ALJ approved a settlement after the Secretary's counsel mistakenly sent the judge a letter withdrawing Grefco's contest in a different docket, CENT 91-190-M. The Commission treated Grefco's later letter as a request…
Sherman, employed by Blackhawk
Default order vacated and case remanded
Bob Sherman, employed by Blackhawk, was found in default after failing to answer the Secretary's civil penalty proposal and an order to show cause. The Commission received a letter explaining that Sherman had been hospitalized until the day after the response deadline, and he had sent $25 believing…
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…
France Stone Company
Settlement decision vacated and remanded
An ALJ approved a settlement under which France Stone would pay $12,000 for two citations. France Stone then moved to amend the settlement and dismiss the proceeding, stating that the Secretary agreed, but the motion was not signed by the opposing party. The Commission treated the motion as a…
Hinkle Contracting Corporation
ALJ decision vacated and remanded for briefing
Hinkle Contracting petitioned for review after the ALJ issued a decision before receiving Hinkle's response brief. The ALJ acknowledged the inadvertent timing, and the Secretary agreed that the decision should be vacated and the case remanded. The Commission granted discretionary review, vacated…
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…
Rushton Mining Company
Rule 11 fees unavailable in Commission proceedings
Rushton Mining sought attorney's fees and litigation expenses from the Secretary of Labor as a sanction under Federal Rule of Civil Procedure 11 after the Secretary withdrew a contested withdrawal order and related penalty petition. The Commission held that Rule 11 monetary sanctions do not apply…
Secretary of Labor v. Green River Coal Company
Commission remands decision issued before briefs
The Secretary of Labor asked the Commission to review an administrative law judge's decision in Green River Coal Company's KENT 88-152 case. The judge had issued the decision before the date set for post-hearing briefs and before receiving those briefs. The Commission granted review, vacated the…
A. H. Smith Stone Company
Default order vacated and case remanded
A. H. Smith Stone Company failed to answer MSHA's civil penalty complaint and two orders to show cause, leading the ALJ to enter a default order and assess $362 for four alleged violations. A related company later asked to reopen the case, explaining that the filings had been sent to former…
Westmoreland Coal Company
Penalty-payment dispute remanded
Westmoreland Coal paid an $85 civil penalty after an ALJ approved a settlement and dismissed the case. The company later said the payment was a mistake and asked that the dismissal be reopened so it could contest the violation. The Commission treated the company's letters as a petition for…
Bruno v. Cyprus Plateau Mining Corporation
Reconsideration denied
Ernie L. Bruno asked the Commission to reopen a final discrimination case after the ALJ dismissed his complaint as untimely and found that Cyprus Plateau would have fired him for fighting even apart from any protected activity. The Commission treated his submission as a motion for relief from a…
Amber Coal Company
Default order vacated and case remanded
MSHA cited Amber Coal Company after a fatal roof fall accident at its No. 7 mine and proposed an $8,500 penalty for an alleged roof-control violation. Amber did not answer the complaint, so an ALJ entered a default order. Amber later sent a response to the Department of Labor instead of the…
Monterey Coal Company
Clerical corrections issued to amended discrimination decision
Judge Gary Melick issued this order in Paula L. Price's discrimination proceeding against Monterey Coal Company. The order states that the attached amended decision was reissued under Commission Rule 65(c), 29 C.F.R. § 2700.65(c), to correct clerical mistakes in the decision issued on September 3…
Ohio River Collieries
Amended settlement approved at $690
Ohio River Collieries had proposed settlements totaling $690 for violations originally assessed at $1,000. Judge Paul Merlin reopened the earlier settlement decision under 29 C.F.R. § 2700.65(c) because of a clerical error, found that the motion addressed the statutory penalty criteria, and…
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…
Upright Mining, Inc.
Default order vacated and remanded
Upright Mining faced citations for failing to submit a respirable dust sample and for inadequate roof support, with a proposed civil penalty of $578. An ALJ entered a default order after Upright did not answer a show-cause order, but the Commission found that Upright had filed its response before…
Secretary of Labor o/b/o DeLisio v. Mathies Coal Company
Remedy clarification request remanded
The Commission reviewed a request from the Secretary of Labor to clarify the remedy in an ALJ decision involving Mathies Coal's interference with Joseph G. DeLisio's right to accompany federal inspectors. The ALJ had ordered Mathies to let DeLisio drive his private car to the mine portal or provide…
Kelley Trucking Company
Default order vacated and remanded
Kelley Trucking failed to answer the Secretary’s complaint and a later show-cause order, leading an ALJ to enter a default order assessing a $400 civil penalty. The Commission treated the company president’s later handwritten letter as a late request for discretionary review and considered the…
Fife Rock Products Company, Incorporated
Default decision vacated and remanded
Fife Rock Products failed to attend a scheduled hearing, and the ALJ entered a default decision affirming a citation under 30 C.F.R. § 56.5-7 and assessing a $600 penalty. Fife later said it had not received the hearing notice and asked for a stay and rehearing. The Commission treated the request…
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.