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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Big Ridge, Inc., Peabody Midwest Mining, LLC, Independence Coal Company, Inc., Inman Energy Corporation, Process Energy, Spartan Mining Company, Road Fork Development Company, Knox Creek Coal Corporation
Big Ridge, Inc., et al. (FMSHRC WEVA 2011-398-R, et al.): MSHA may obtain payroll and medical records for Part 50 audits
Eight mine operators refused to produce payroll, time-sheet, and accident-related medical records requested during MSHA audits of Part 50 reporting, leading to section 50.41 citations and failure-to-abate orders. The Commission held that sections 103(a) and 103(h) of the Mine Act and 30 C.F.R. §…
Independence Coal Company, Inc., et al.
Part 50 audit records must be produced
Six Massey-controlled mine operators contested citations and failure-to-abate orders issued after they declined to provide records requested during MSHA Part 50 reporting audits. Judge Kenneth R. Andrews held that the Mine Act and 30 C.F.R. § 50.41 authorize MSHA to request accident-related…
Big Ridge, Inc. and Peabody Midwest Mining LLC
Part 50 audit citations affirmed
Big Ridge and Peabody Midwest contested citations and failure-to-abate orders issued after two mines declined to provide payroll, time-sheet, and accident-related medical records during MSHA Part 50 audits. Judge Kenneth R. Andrews held that the Mine Act and 30 C.F.R. § 50.41 authorize MSHA to…
Secretary of Labor v. Aracoma Coal Company, Inc.
Fatal-fire settlement and voluntary POV plan affirmed
Aracoma Coal agreed to accept 1,281 citations and orders and pay $1.7 million in civil penalties, down from $2.8 million proposed, after an Alma No. 1 Mine fire killed two miners. The Commission directed review only of provisions allowing the Alma and Hernshaw mines to use voluntary plans to reduce…
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.