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 v. Hidden Splendor Resources, Inc.
Three penalty rulings clarify Commission discretion and statutory minimums
The Commission reviewed three Hidden Splendor penalty assessments. It affirmed a $4,000 penalty for sending two untrained miners underground, holding that the foreman's immediate removal of the crew could mitigate the penalty even though the violation remained S&S, high-negligence, and…
Secretary of Labor v. DQ Fire & Explosion Consultants, Inc.
Scientific consultant training order vacated for lack of fair notice
DQ's scientific consultant investigated the Upper Big Branch explosion underground after receiving hazard training but not the 40-hour comprehensive training required for new miners. The Commission vacated the withdrawal order and $112 penalty because DQ lacked fair notice that the consultant fell…
Allgeier Martin & Associates
Surveyors needed comprehensive underground-miner training
Allgeier Martin & Associates provided underground surveying services at the Carthage Crushed Limestone mine. MSHA cited the contractor because three surveyors had received hazard training but not the comprehensive new-miner training required by 30 C.F.R. § 48.5(a). The judge found that the workers…
Eastern Associated Coal Corp.
Three citations vacated, two affirmed or modified
Eastern Associated Coal operated the Harris No. 1 underground coal mine in West Virginia. During polyurethane roof grouting, falling roof material struck a contractor employee, causing a serious knee injury, and MSHA issued five citations. Judge T. Todd Hodgdon vacated three citations because the…
Summit Anthracite, Inc.
Multiple citations affirmed, vacated, and modified
Summit Anthracite operated an underground anthracite coal mine where a July 1998 explosion or similar event killed one miner and severely injured another. After a 22-violation case, Judge Michael E. Zielinski found twelve violations and imposed $16,330 in civil penalties, while other citations were…
R S & W Coal Company, Inc.
Untrained miner citation and penalty affirmed
R S & W Coal Company operated a small underground coal mine with eight miners. An inspector found a new miner working underground after receiving little or none of the required 40 hours of training under 30 C.F.R. § 48.5(a). The judge affirmed the training citation, the significant-and-substantial…
Secretary of Labor o/b/o Aleshire v. Westmoreland Coal Company
Prehire training compensation denied
Seven Westmoreland Coal miners were laid off from surface jobs and completed underground new-miner training at their own expense while waiting for recall. After they were rehired, the Secretary sought compensation for their training time and reimbursement of their expenses under the Mine Act. The…
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.