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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Consolidation Coal Company
Motion to dismiss compensation complaint denied
Local 1702, District 31, UMWA filed a compensation complaint on behalf of miners against Consolidation Coal Company. The company argued that the complaint had been served 153 days after it was filed and moved to dismiss. Judge Gary Melick applied Commission rules and Federal Rule of Civil Procedure…
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…
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…
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…
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…
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…
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…
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…
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.