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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Big Ridge, Inc., Peabody Midwest Mining, LLC, Independence Coal Company, Inc., Inman Energy Corporation, Process Energy, Spartan Mining Company, Road Fork Development Company, Knox Creek Coal Corporation
Big Ridge, Inc., et al. (FMSHRC WEVA 2011-398-R, et al.): MSHA may obtain payroll and medical records for Part 50 audits
Eight mine operators refused to produce payroll, time-sheet, and accident-related medical records requested during MSHA audits of Part 50 reporting, leading to section 50.41 citations and failure-to-abate orders. The Commission held that sections 103(a) and 103(h) of the Mine Act and 30 C.F.R. §…
Secretary of Labor v. Beylund Construction, Inc.
Scoria crusher violations affirmed
Beylund Construction operated a small scoria pit and crusher in North Dakota and admitted 18 violations involving guarding, electrical safety, training, filings, and other mine requirements. The company argued that MSHA lacked jurisdiction when the crusher was not running and objected to…
Twentymile Coal Company
Training violation affirmed and penalty reduced
Twentymile Coal Company operated a large underground bituminous coal mine in Colorado. After a rock chute jammed, miners were assigned to unplug it without the task training required by 30 C.F.R. § 48.7(c), and one miner was seriously injured when he fell and rocks spilled from the chute. Judge…
CAR-O-LIN
Two equipment citations affirmed with $50 in penalties
CAR-O-LIN operated a sand and gravel pit in Vermont. MSHA cited the operation after finding that a loader's backup alarm did not work and that a crusher's chain drive lacked a guard. Judge Avram Weisberger rejected the operator's arguments that the Mine Act did not apply to the site. He found both…
Energy West Mining Company
Mine-site injury had to be reported
Energy West Mining Company contested a citation for failing to report a miner's injury under 30 C.F.R. § 50.20. The miner was injured while driving his personal car on mine property before his shift, and the injury kept him from working the next day. The Commission held that the injury was…
Energy West Mining Company
Injury-reporting citation affirmed
Energy West Mining contested a citation alleging that it failed to report an injury at its Deer Creek Mine. An employee strained his neck when his personal car stalled and its brakes failed on mine property while he was driving to work, and he missed two workdays. The judge held that the injury was…
Greenwich Collieries
Withdrawal orders reinstated and remanded
A methane ignition and explosion occurred at Greenwich Collieries' No. 1 Mine, killing three miners and injuring eleven others. During its investigation, MSHA issued five section 104(d)(1) withdrawal orders for alleged violations that had occurred before the inspectors' later visits. The ALJ held…
C.D. Livingston
Mine inspection access and penalty affirmed
C.D. Livingston operated the Digmore Placer Mine, an underground gold mine in California. He refused an MSHA inspector entry without a search warrant and argued that the Mine Act did not apply to his small operation because he had no employees. Judge John J. Morris found that the Act broadly covers…
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.