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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Consolidation Coal Company
Escapeway citations resolved with $140 penalty
MSHA cited Consolidation Coal Company after finding widespread cracking in sealant on Kennedy stoppings separating escapeways at the Ireland Mine. Judge Jerold Feldman found violations of the escapeway separation standards, affirmed two citations, approved a settlement on a third citation, and…
Southern Ohio Coal Company
Escapeway citation and withdrawal order vacated
MSHA cited Southern Ohio Coal Company for using an underground escapeway that was not the safest direct practical route to a mine opening. An ALJ found a violation and sustained a section 104(b) withdrawal order after the operator did not make the changes MSHA sought. The Commission reversed…
Consolidation Coal Company
Mixed settlements and findings resolve coal mine violations
Consolidation Coal agreed to settlements in several penalty proceedings, and Judge Avram Weisberger approved them after considering the Mine Act penalty criteria. In a separate group of cases, the judge found that damaged or inoperative coal-car uncoupling devices created a significant and…
Rochester & Pittsburgh Coal Company
Citations split and penalties set
Rochester & Pittsburgh Coal Company contested five citations and one imminent danger withdrawal order at its Greenwich Collieries No. 2 Mine. Judge Gary Melick vacated one citation because the Secretary did not establish a measurable standard for a reasonably airtight separation, and vacated…
Beth Energy Mines, Inc.
Escapeway citations partly affirmed and one vacated
Beth Energy Mines operated the Cambria Slope No. 33 Mine. The case involved five alleged violations concerning escapeway conditions, roof support, and pressure separation. Judge Gary Melick approved a settlement reducing one order's penalty from $850 to $650, vacated Citation No. 2691158, and…
Rushton Mining Company
Escapeway citation modified to non-S&S
Rushton Mining designated an escapeway from part of its underground mine that took a longer, indirect route to the nearest shaft. Judge Avram Weisberger held that the designated route did not follow the safest direct practical route required by 30 C.F.R. § 75.1704-2(a), while finding that 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.