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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Nelson Quarries, Inc.
Mixed rulings on 100 citations produced a corrected $10,650 penalty
Nelson Quarries operated five portable limestone quarries in Kansas, and MSHA issued 100 citations and orders after a former employee filed a hazard complaint. Judge Richard W. Manning affirmed, modified, and vacated citations involving explosives, guarding, mobile equipment, electrical systems…
Summit Anthracite, Inc.
Nineteen mine-startup citations yield $1,569 penalty
MSHA issued Summit Anthracite 19 citations while the small Brockton Slope mine was installing and starting new systems. The violations covered a late quarterly report, vehicle and roadway safety, electrical installation and examination defects, plan compliance, guarding, housekeeping, fire…
Original Sixteen to One Mine Incorporated
Citations split and $1,030 penalty assessed
Original Sixteen to One Mine operated an underground gold mine in California, and MSHA alleged 26 violations across three dockets. Ten citations were litigated after the Secretary vacated eight citations and the operator withdrew contests to eight others. Judge Michael E. Zielinski vacated one…
Thunder Basin Coal Company
Citation vacated for failure to post temporary reinstatement order
Thunder Basin Coal Company was cited for not posting a temporary reinstatement order on the mine bulletin board. The ALJ granted summary decision for Thunder Basin and vacated the citation. The Commission majority affirmed in result, holding that section 109(a) did not require posting temporary…
Sierra Aggregate, Inc.
Settlement approved
Sierra Aggregate reached a settlement with the Secretary in two civil penalty proceedings. The stipulation amended several citations to non-S&S violations and reduced several proposed penalties. Judge John J. Morris found the settlement reasonable and in the public interest, approved it, affirmed…
Jay Tuft & Company, Inc.
Citation-posting violation affirmed with $50 penalty
Jay Tuft & Company was cited for failing to post a prior citation at the Lapoint Gravel Pit. The company posted the citation at its Midvale office, but the judge found that the Mine Act required posting at the mine site. Judge John J. Morris affirmed the citation, while giving some credit for 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.