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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Dumbarton Quarry Associates
Safety-retaliation layoffs upheld
Anthony Saab alleged that Dumbarton Quarry Associates retaliated against him for raising equipment and highwall safety concerns with MSHA by laying him off for one day and then laying him off again when the quarry's water-truck work changed. The Commission held that the operator showed legitimate…
Wolcottville Sand and Gravel Corporation
Discrimination dismissal affirmed
Gilbert V. Ankrom said Wolcottville Sand and Gravel retaliated against him after he reported inadequate berms and other safety concerns. The ALJ found that Ankrom made a prima facie discrimination case, but also found that the company would have laid him off and failed to recall him for economic…
Windsor Coal Company
Remand for unwarrantable-failure analysis
Windsor Coal Company operated an underground coal mine where MSHA found extensive combustible coal dust and coal spillage along a belt entry. The Commission considered whether the violation of 30 C.F.R. § 75.400 resulted from Windsor's unwarrantable failure to comply with the standard. It vacated…
Durango Gravel
Discrimination finding affirmed
Durango Gravel operated a small sand and gravel pit in Colorado. After miner Clay Baier discussed highwall safety with MSHA inspectors, Durango terminated him, and an ALJ found that the termination violated Mine Act section 105(c). The Commission affirmed, finding substantial evidence that Baier's…
Reading Anthracite Company
Discrimination claim dismissed
William Kaczmarczyk alleged that Reading Anthracite Company discriminated against him after he reported health and safety problems and applied for haul truck and water truck positions. The Commission agreed with the ALJ that Reading had shown legitimate business reasons for not awarding the haul…
Daanen & Janssen, Inc.
Braking and control violations affirmed
Daanen & Janssen operated a limestone quarry where a front-end loader ran through a berm and fell to the quarry floor, fatally injuring its operator. The Commission affirmed the judge's findings that the company violated requirements to maintain a loader's braking system and keep control of mobile…
Williams Natural Gas Company
Mine Act jurisdiction affirmed
Williams Natural Gas operated an interstate pipeline with meter buildings on mine property and supplied natural gas used by two mines. The Commission held that Williams was an independent contractor performing services at a mine, making it an operator subject to Mine Act jurisdiction. It rejected…
Fort Scott Fertilizer - Cullor, Incorporated
Brake findings affirmed and penalties remanded
Fort Scott Fertilizer - Cullor was cited after two haulage trucks were found with defective brakes at its limestone quarry. The Commission affirmed the findings that the violations were not caused by Fort Scott's unwarrantable failure and that James Cullor was not personally liable under the Mine…
Consolidation Coal Company
Methane warning-device violation remanded for penalty proceedings
Consolidation Coal operated the Robinson Run No. 95 underground coal mine, where an MSHA inspector found that the methane monitor’s warning light was not visible to the person who could deenergize the longwall. The ALJ concluded that the mine’s automatic shutdown and control-box displays provided…
Cannelton Industries, Inc.
Motions to reopen and remand denied
Cannelton Industries and two employees asked the Commission to remand the case and reopen the record so they could submit evidence that their hearing attorney had failed to present. The Commission held that the attorney's failure did not justify relief under Federal Rule of Civil Procedure 60(b)…
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.