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. GCC Rio Grande, Inc.
Danger tape did not excuse damaged ladder
A loader struck the only ladder accessing one side of GCC Rio Grande's additives grizzly, breaking welds and leaving the ladder out of position. GCC placed red danger tape across the access point and argued that the tape removed the ladder from service, so MSHA could not cite the damaged condition…
Essroc Cement Corporation
Three citations upheld, four vacated
MSHA issued seven citations at Essroc's Indiana cement plant and proposed $16,021 in penalties for conditions involving explosives storage, openings, hydraulic fluid, electrical equipment, housekeeping, handrails, and machine guarding. The judge upheld the combustible-material citation at low…
D.A.S. Sand & Gravel, Inc.
Mine safety violations affirmed and penalties reduced
D.A.S. Sand & Gravel operated a small New York sand and gravel business with front-end loaders, conveyors, and a material sorter. Judge Irwin Schroeder found that the Mine Safety and Health Administration had jurisdiction even though the company sold its products within New York, because Congress…
Darwin Stratton & Son Inc.
Citations and orders affirmed after nonappearance
Darwin Stratton operated a small sand and gravel pit that MSHA discovered while investigating a fatal accident. The operator contested numerous citations and orders but did not appear at the hearing. Judge Richard W. Manning found the alleged violations established, including guarding, workplace…
Nelson Brothers Quarries, Incorporated
Mixed citation results and $817 penalty
Nelson Brothers Quarries operated the small Quapaw limestone mine in Oklahoma. The ALJ considered 18 alleged violations involving guarding, brakes, access, warning devices, and on-shift examination records. Four citations were vacated, nine were affirmed, two were vacated by the Secretary, and…
Knock's Building Supplies
Multiple citations mixed, $3,139 penalty assessed
Knock's Building Supplies operated a small limestone, sand, and gravel mine in Iowa. Judge T. Todd Hodgdon vacated three citations, affirmed twelve others, and assessed a total civil penalty of $3,139. The affirmed citations covered mine access, haul-road berms, inspection access, guarding, backup…
Newmont Gold Company
Guarding citations vacated
Newmont Gold contested five citations and five related withdrawal orders at its Genesis Mine. The citations alleged that moving engine parts on five haul trucks lacked required guards, while the withdrawal orders were later vacated by the Secretary. Judge August F. Cetti dismissed the five order…
Walker Stone Company, Inc.
One citation affirmed and one vacated
Walker Stone Company was cited for an unguarded conveyor tail pulley and a severely cracked windshield on a pickup used for mine business. Judge Roy J. Maurer affirmed the tail-pulley citation and assessed a $50 penalty. He vacated the windshield citation because the evidence did not establish that…
Walker Stone Company, Inc.
One citation affirmed and one vacated
Walker Stone Company was cited for an unguarded conveyor tail pulley and a severely cracked windshield on a pickup used for mine business. Judge Roy J. Maurer affirmed the tail-pulley citation and assessed a $50 penalty. He vacated the windshield citation because the evidence did not establish that…
Arcata Readimix
Six citations affirmed
Arcata Readimix operated a small sand and gravel pit in California. MSHA cited the plant for exposed electrical conductors, missing or loose guards, an overdue fire-extinguisher inspection, and missing grounding-system testing. Judge Richard W. Manning found six violations and affirmed the…
John Cullen Rock Crushing and Gravel
27 citations resolved with $912 in penalties
John Cullen Rock Crushing and Gravel operated the small Grant Pit sand and gravel operation in Colorado, along with an integrated silica plant. Judge Richard W. Manning found that MSHA had jurisdiction over the mine, the silica plant, and the shared equipment and workers. The decision addressed 27…
Jamieson Company
Guarding citations mixed, total penalty $510
Jamieson Company operated a medium-sized, one-plant sand and gravel operation with 50 employees. Judge Michael A. Lasher addressed seven MSHA citations under two machine-guarding standards, vacating one citation and litigating the six remaining citations. He affirmed violations involving unguarded…
Noland Incorporated
Ten orders affirmed and two vacated
Noland Incorporated operated a sand and gravel mine where MSHA issued ten citations and orders for electrical, conveyor, guarding, examination, handrail, and first-aid conditions. The parties agreed that the main issue was whether the plant was operating when inspectors visited, and Judge John J…
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.