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 on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.
Temporary reinstatement ordered by summary decision
Welder Reuben Shemwell alleged that affiliated Armstrong companies fired him after he repeatedly complained about respirator protection from welding fumes. Judge Jerold Feldman found the discrimination complaint was not frivolously brought because protected activity was sufficiently alleged…
Bresee Trucking Co., Inc.
Penalty reopening denied over address and mail controls
Bresee Trucking sought to reopen two penalty assessments, arguing that they were delivered to the wrong address and were not discovered until after the contest deadline. The Secretary showed that Bresee had specifically instructed MSHA to use that address, had received and contested other…
MRM Mining, Inc.
Reopening request denied without prejudice
MRM Mining asked the Commission to reopen a final penalty assessment covering 15 citations. The assessment and later notices were returned undelivered after the company changed from a physical mailing address to a post office box. The Commission found that MRM had not adequately explained when it…
Bresee Trucking Co., Inc.
Address dispute remanded for finality findings
Bresee Trucking asked to reopen five penalty assessments after delivery attempts at several addresses failed and the company later learned the assessments were delinquent. The Secretary did not oppose reopening but urged Bresee to keep its official MSHA address current. The record did not show…
Brahma Group, Inc.
Address dispute required fact-finding on finality
Brahma Group timely contested two citations but said it never received the later penalty assessment or delinquency notices because MSHA repeatedly used the wrong address. The Secretary said the documents went to Brahma's address of record and noted that operators must keep their official address…
Ruscat Enterprises, Inc.
Delivery-address dispute remanded
Ruscat Enterprises sought to reopen two proposed penalty assessments, saying it never received the originals and learned of them only through delinquency notices. MSHA did not oppose reopening but reported that Federal Express returned the assessment packages because of an incorrect address. Mine…
Ember Contracting Corporation
Returned assessments remanded for address findings
Ember Contracting said it did not receive three proposed assessments totaling $157,861 and first learned of them when a later assessment listed the balances as outstanding. MSHA reported that the three packages were sent to the address of record but returned as undeliverable. The Secretary did not…
Mass Transport, Inc.
Address dispute remanded for contest-timing finding
MSHA issued Mass Transport a proposed assessment for one citation and three orders arising at the Delbarton Preparation Plant. Mass Transport said it missed the contest deadline because MSHA mailed the assessment to an incorrect address, while the Secretary maintained that the assessment and…
Secretary of Labor v. SCP Investments, LLC
Citations vacated for denial of walkaround rights
An MSHA inspector ordered SCP Investments' managing partner off the quarry property during an inspection because he lacked new-miner and site-specific hazard training. Judge Jerold Feldman held that neither the operator's filing status nor those training rules justified denying its statutory right…
SCP Investments, LLC
MSHA ordered to justify excluding operator from inspection
MSHA issued 12 citations after inspecting SCP Investments' new rock-crushing operation. The inspector excluded managing partner Pat Stone from the property and inspection because Stone lacked Part 46 miner training. Judge Jerold Feldman found that MSHA's first show-cause response did not identify a…
SCP Investments, LLC
Secretary ordered to justify excluding operator from quarry inspection
MSHA issued 12 citations after inspecting SCP Investments' new rock-crushing facility and ordered managing partner Pat Stone off the property because he lacked Part 46 training. Judge Jerold Feldman noted that Mine Act section 103(f) gives an operator representative the right to accompany an…
S H M Coal Company
Illegal mining findings and penalties affirmed in part
The Secretary alleged that three independent contractors were operating an unlicensed surface coal mine while claiming to prepare a house site. Judge George A. Koutras found that the activity was surface mining subject to the Mine Act and affected interstate commerce. He affirmed violations for…
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.