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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Bing Materials v. Secretary of Labor and Secretary of Labor v. Bing Materials
Bing Materials v. Secretary of Labor (FMSHRC WEST 2017-68, et al.): Forty-two interrogatories exceeded presumptive limit
Bing Materials contested four enforcement actions involving alleged crane defects, missing task training, intoxicating beverages near the mine office, and missing new-miner training. In discovery, Bing served 42 interrogatories and moved to compel answers to all of them. Judge William B. Moran…
Black Hills Bentonite
Mine Act discrimination complaint dismissed after injury
Jason C. Sheperd, a loader operator and laborer at Black Hills Bentonite's Casper plant, alleged that the company discriminated against him after he injured his neck and back and was required to keep doing heavy work despite doctors' light-duty restrictions. Judge Richard W. Manning held that…
Weathers Crushing, Inc.
Fatality case produced mixed results
A new crusher operator died after a sledgehammer head was ejected from a running jaw crusher while he was clearing a blockage. The judge found that Weathers Crushing violated standards requiring machinery to be shut off and blocked, employees to be indoctrinated, and openings to be protected, but…
Newmont Gold Company
Haul-truck and accident-report citations affirmed
A haul-truck driver at Newmont's Genesis Mine backed through a berm, the truck overturned, and the driver was hospitalized. Judge August F. Cetti found that the operator failed to maintain control of the mobile equipment and failed to submit the required accident report after the incident. 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.