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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Secretary of Labor obo Daniel K. Mullins v. D&H Mining, Inc.
Roof bolter temporarily reinstated
Daniel Mullins worked as a roof-bolting machine operator at D&H Mining's No. 3 mine and alleged that he repeatedly complained about excessive dust and improperly hung ventilation curtains. He testified that a foreman became angry after a dust complaint on January 9, 2018, and that the mine fired…
Contests of Respirable Dust Sample Alteration Citations
Motion to vacate allowed to proceed
The consolidated proceedings involved 36 citations alleging that respirable-dust samples had been altered by removing part of the dust from the sample. The mine operators moved to vacate the citations, arguing that MSHA delayed issuing them and that the delay caused prejudice through lost evidence…
Island Creek Coal Company
Late compensation complaint allowed to proceed
Roy Farmer and other miners sought compensation after an imminent-danger order at Island Creek Coal Company's VP-3 Mine. Their complaint was filed more than six months after the order, beyond the 90-day period in Commission Rule 35. On remand, Judge Gary Melick found good cause for the late…
River Cement Company
Late penalty petition dismissed
River Cement Company moved to dismiss the Secretary's civil-penalty petition as untimely. Judge John J. Morris found that the Secretary filed the petition seven days after the 45-day deadline in Commission Rule 27(a), and that the Secretary's explanations of inadvertence and multiple responses did…
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.