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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Brent Roberts
Et al. (FMSHRC KENT 91-896-R, et al.): Dust-sample certification appeals dismissed as moot
The Commission considered consolidated appeals involving proposed revocations of certifications for people who collected or maintained respirable-dust sampling devices. MSHA withdrew the proposed revocations, and the petitioners did not oppose the Secretary's motion to consolidate and dismiss. The…
Canterbury Coal Company
Part 90 miner transfer citation affirmed
Canterbury Coal transferred a miner with pneumoconiosis to a different shift rotation without obtaining his written consent after dust sampling showed that his original job exceeded the respirable-dust standard. The Commission held that 30 C.F.R. § 90.102(a) clearly prohibited the transfer without…
Brent Roberts
Certification revocation contest dismissed
Brent Roberts challenged a proposed revocation of his certification to collect respirable-dust samples after MSHA alleged that dust samples connected to him had not been properly collected. Judge Paul Merlin held that the certification was a property right entitled to appropriate due-process…
Cannelton Industries, Inc.
Part 90 pay protection violation found
Cannelton Industries transferred Part 90 miner John W. Bushnell from dispatcher to general inside laborer, changed his occupation code, and reduced his hourly pay from $113.28 to $104.78. Judge William Fauver held that the Part 90 pay-protection rule required the company to retain Bushnell's…
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.