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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Harlan Cumberland Coal Company
Dust citations affirmed and other matters resolved
Harlan Cumberland Coal Company faced five consolidated civil penalty proceedings involving mandatory Mine Act standards at its C-2 and D-1 mines. The Judge affirmed two citations for failing to provide valid respirable dust samples after finding that samples had to be received by the MSHA…
Energy West Mining Company
$50 citation affirmed
Energy West Mining Company was cited at its Cottonwood Mine after three nonpermissible diesel trucks were found in a two-entry longwall panel during equipment installation. The judge held that the belt-haulage entry remained a belt-haulage entry while the conveyor was being modified, and that the…
Energy West Mining Company
Unapproved diesel trucks barred during longwall setup
Energy West Mining Company used three unapproved diesel-powered Isuzu trucks in a two-entry longwall panel at its Cottonwood Mine while preparing to install longwall equipment. Judge Michael A. Lasher, Jr. held that the mine’s modification order required approved diesel equipment during the setup…
Arch of Kentucky Incorporated
Airflow citation modified and penalty set at $700
MSHA cited Arch of Kentucky after an inspector found air moving inby through a belt entry toward active workings at the Karst Mine. The judge found that the airflow violated 30 C.F.R. § 75.326, which restricts use of belt-entry air to ventilate working places. He did not find an unwarrantable…
Mettiki Coal Corporation
Airflow order reduced to non-S&S, non-unwarrantable citation
Mettiki Coal operated the Mettiki Mine. MSHA found that a damaged check curtain allowed air from a belt entry to ventilate an active working section, contrary to 30 C.F.R. § 75.326. Judge Avram Weisberger found that the violation occurred, but the evidence did not establish a reasonable likelihood…
Rushton Mining Company
Rule 11 fees unavailable in Commission proceedings
Rushton Mining sought attorney's fees and litigation expenses from the Secretary of Labor as a sanction under Federal Rule of Civil Procedure 11 after the Secretary withdrew a contested withdrawal order and related penalty petition. The Commission held that Rule 11 monetary sanctions do not apply…
Local Union 9958, District 22, United Mine Workers of America v. Kaiser Coal Corporation
Local Union 9958, District 22, UMWA v. Kaiser Coal Corporation (FMSHRC WEST 87-186-C): Shift compensation awarded, one-week claim denied
A withdrawal order at Kaiser's Sunnyside No. 1 Mine idled miners working on the 20th and 21st left sections. Judge August F. Cetti found that the order caused the idlement and entitled the affected miners to compensation for the balance of the shift and up to four hours of the next shift. Because…
Rushton Mining Company
Rule 11 cost request denied on remand
Rushton Mining sought reimbursement of litigation costs and attorney fees after the Secretary withdrew a civil-penalty petition and the related withdrawal order was vacated. On remand from the Commission, Judge James A. Broderick considered whether Federal Rule of Civil Procedure 11 could support…
Rushton Minning Company
Wire-rope order partly affirmed and penalties assessed
At Rushton Mine, an inspector found that a mantrip hoist rope had more than 15 percent broken wires in one strand. Judge James A. Broderick found a violation and unwarrantable failure because Rushton's inspection procedure assigned one person too many tasks and failed to detect clearly visible…
Rushton Mining Company
Orders modified and $1,600 in penalties assessed
Rushton Mining's consolidated cases involved three contested orders and a civil-penalty proceeding arising from ventilation, escapeway, coal-dust, and examination issues at the Rushton Mine. Judge James A. Broderick vacated Order No. 2403926 and dismissed its contest, approved a settlement that…
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.