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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Central Concrete Products
Two safety citations affirmed
Central Concrete Products operated a sand and gravel site with a front-end loader and a primary screen work area. Judge John J. Morris found that the loader's inoperative back-up alarm violated the audible-warning requirement, and that broken boards and ladder rails did not provide safe access to…
Morgan Corporation
Fatal equipment accident, citation affirmed, $1,000 penalty assessed
Morgan Corporation was an independent contractor performing construction work at a surface gold mine. A pan scraper operator backed over a spotter who was working near the machine, and the spotter died at the scene. Judge George A. Koutras found that the operator did not make certain by signal or…
A. H. Smith Stone Company
Mixed citation results and $2,937 penalty
A. H. Smith Stone Company faced civil penalties in two dockets involving machinery guards, electrical equipment, protective equipment, and other mine conditions. Judge Paul Merlin affirmed a guard violation but vacated its significant-and-substantial finding and assessed a $175 penalty. He affirmed…
Bandas Industries Incorporated
Mixed citation results and $1,638 in penalties
Bandas Industries faced 24 alleged violations at its Nolanville Quarry Plant in two dockets. The judge approved a settlement for 18 citations, withdrew one citation for lack of expert testimony, and dismissed another because the inspector could not recall the relevant facts. Of the three remaining…
Nevada Mineral Processing
Seven violations affirmed with $253 penalty
Nevada Mineral Processing operated a custom mill that was still under construction, with an assay area already processing mineral samples. Judge Michael A. Lasher, Jr. held that the facility was a mine covered by the Mine Act and that the operator was not entitled to a compliance-assistance visit…
A. H. Smith Stone Company
Backup alarm violation affirmed with $395 penalty
A. H. Smith Stone Company operated a Terex front-end loader at its Louisa Plant without an operable backup alarm. The judge found that the condition had continued for about two weeks, exposed people on foot in the loading area to a high risk of serious injury, and supported high negligence and a…
Pomerleau Brothers, Inc.
Settlement approved for haulage and equipment violations
Pomerleau Brothers, Inc. operated Chelmsford Mill. The case involved three civil penalties, including violations concerning a truck's brakes and other equipment conditions. Judge Paul Merlin approved the parties' settlement recommendations for the original penalty amounts and found that a $500…
Seven Day Concrete, Inc.
Settlement approved for $2,680
MSHA alleged 16 violations of mandatory safety standards at Seven Day Concrete's Ellinger Plant and proposed total penalties of $2,680. The company agreed to pay the full proposed amount and withdraw its contest. Judge George A. Koutras approved the settlement and allowed payment of $670…
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…
Owl Rock Products Company
Reverse-alarm citation affirmed with reduced penalty
Owl Rock Products Company was cited after a one-ton service truck with a partially obstructed rear view operated without an audible reverse alarm. The judge found that the truck was heavy-duty mobile equipment under 30 C.F.R. § 56.9087, even though it was used for service work rather than loading…
B & B Excavating, Inc.
Mixed result across eight penalty dockets
B & B Excavating operated the Eaton Pit sand and gravel mine and faced eight consolidated civil penalty dockets involving electrical, equipment, and other safety citations. The parties stipulated to the operator's jurisdiction, abatement efforts, business impact, and other background facts, and the…
Sulphur Springs Stone Company
26 citations affirmed and $1,530 assessed
Sulphur Springs Stone Company operated a small stone mine in Kentucky with five employees. After the company did not appear at the hearing, Judge James A. Broderick reviewed the Secretary's evidence concerning 26 alleged violations found during an October 8, 1985 inspection. The violations included…
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…
Staker Paving & Construction Company, Incorporated
Back-up alarm citation affirmed with S&S designation removed
MSHA cited Staker Paving after a front-end loader operated without an audible back-up alarm or an observer, even though maintenance reports had documented the defect. The company admitted the violation and abated it in six days after obtaining a replacement part. Judge John J. Morris found that the…
Concrete Products Company
Back-up alarm citation affirmed with $150 penalty
MSHA cited Concrete Products after an inspector found a 35-ton Caterpillar operating without a back-up alarm at a sand and gravel pit. The company admitted the violation and repaired or replaced the alarm the same day. Judge John J. Morris found that the defect had been reported several days…
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.