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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Excel Mining, LLC
Motion to limit discovery denied for rule and factual errors
The Secretary sought to limit Excel Mining's discovery in a case involving five citations and $11,158 in proposed penalties. Judge Alan G. Paez denied the motion because the Secretary had not conferred with Excel or stated its opposition as Commission Rule 10(c) required. He also identified factual…
Disciplinary Proceeding
Prosecutor appointment requested
The Secretary of Labor referred Connie Prater for possible disciplinary proceedings, then withdrew from participating in the matter. Judge T. Todd Hodgdon found that the withdrawal left no one to represent the Commission's interests in enforcing ethical standards for practitioners. He therefore…
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…
Asarco, Incorporated
Discrimination complaint dismissed without prejudice
Francis A. Marin filed a discrimination complaint against Asarco, alleging that her termination involved seniority, sex, national origin, and refusal to perform work she believed was unsafe. She moved to withdraw the complaint while pursuing remedies under state and federal anti-discrimination…
UMWA o/b/o Rowe v. Peabody Coal Company
Motion for reconsideration denied
The Commission had previously found that Administrative Law Judge Joseph B. Kennedy engaged in a prohibited ex parte communication, verbally abused attorneys, and commented publicly on a pending proceeding. Judge Kennedy moved for reconsideration, arguing that the Commission denied him due process…
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.