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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Walsenburg Sand & Gravel Company
Citations affirmed with S&S findings modified
Walsenburg Sand & Gravel operated intermittent sand and gravel pits in Colorado. The judge found violations involving machine guards, electrical equipment, grounding, records, labeling, and an elevated roadway. The judge removed the significant-and-substantial characterization from nine citations…
Sanger Rock & Sand
Seven mine-safety violations affirmed
Sanger Rock & Sand operated a sand and gravel mine in California. Judge August F. Cetti rejected the operator's argument that the mine was outside federal jurisdiction and found that the Mine Act applied because the operation affected interstate commerce. He affirmed seven citations involving…
El Paso Sand Products, Inc.
Settlement proposals rejected or deferred
El Paso Sand Products proposed to settle six civil penalty proceedings involving 23 alleged violations for $6,626.25, compared with initial assessments totaling $8,835. The ALJ found that the parties' boilerplate descriptions of low negligence and low exposure conflicted with the inspection…
Heldenfels Brothers, Inc.
Default judgment entered for $80 in penalties
Heldenfels Brothers, Inc. faced four alleged violations of mine safety standards at its Crusher No. 9101 operation. The company filed its answer late and did not respond to the judge's order to show cause or otherwise communicate about the case. Judge George A. Koutras entered default judgment and…
Greenville Quarries, Incorporated
Seven violations assessed at $2,725
Greenville Quarries operated a limestone quarry and mill in Kentucky with about 30 employees. Judge George A. Koutras considered seven alleged violations involving electrical lockout procedures, mobile equipment brakes, equipment inspections, smoking near combustible materials, and roadway berms…
Valdez Creek Mining Company
One citation vacated and 16 affirmed with a $990 penalty
Valdez Creek Mining Company operated a placer gold mine in Alaska with about 100 employees when MSHA issued 17 citations during July and August 1985. The company admitted that the violations occurred but disputed the penalty amounts. Judge Michael A. Lasher, Jr. found that the operator's negligence…
Kennecott Minerals Company
Berm standard held mandatory and case remanded for penalties
MSHA cited Kennecott Minerals Company for failing to maintain adequate berms or guardrails along an elevated access road at its Utah Copper Division. The ALJ dismissed the penalty proposals after treating 30 C.F.R. § 55.9-22 as advisory because an earlier version used the word "should." 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.