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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Jim Walter Resources, Incorporated
Late penalty petition accepted
The Secretary filed penalty petitions six days after the deadline, explaining that a legal technician had inadvertently overlooked the cases while another legal assistant was away. Jim Walter Resources argued that the late filing lacked adequate cause and would prejudice the company. Judge David F…
Ames Construction Company
Discrimination complaint dismissed
Oliver J. Boutet filed a discrimination complaint against Ames Construction Company under section 105(c) of the Mine Act. The Commission requested additional information, but Boutet did not respond to the request or later orders to show cause. The orders were returned after attempted certified-mail…
Arthur L. Miller, employed by Mid-Wisconsin Crushing Company, Inc.
Individual penalty case remanded for timeliness finding
MSHA proposed an individual penalty against Arthur L. Miller under section 110(c) of the Mine Act for allegedly authorizing, ordering, or carrying out a violation involving Mid-Wisconsin Crushing. Miller said he timely mailed his hearing request, but MSHA said it was mailed one day late and that…
Diablo Coal Company
Late contests dismissed for lack of jurisdiction
Diablo Coal Company filed contests of five citations and orders 33 days after receiving them, three days beyond the Commission’s 30-day deadline. Judge David F. Barbour held that the late filing deprived the Commission of jurisdiction and dismissed the proceedings. The judge noted that Diablo could…
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.