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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Secretary of Labor v. KenAmerican Resources, Inc.
Advance-notice violation found and remanded
MSHA inspectors arrived at KenAmerican's underground mine to investigate an anonymous hazard complaint and expressly warned the dispatcher not to provide advance notice. An underground miner then asked whether "company" was outside, a coded reference the dispatcher understood to mean MSHA, and the…
Secretary of Labor v. Northshore Mining Company
Radio announcement gave prohibited advance notice
An MSHA inspector arrived before dawn at Northshore Mining's iron ore processing plant and asked the control room operator to find an escort. The operator announced over the department radio that someone was needed to accompany MSHA on an inspection. Judge Jacqueline R. Bulluck held that the…
Secretary of Labor v. Topper Coal Company, Inc.
Advance warning of inspection upheld
Topper Coal operated an underground Kentucky coal mine where its president warned miners that federal inspectors were on their way, despite being told not to give advance notice. The Commission affirmed that the warning violated section 103(a) of the Mine Act and upheld the $5,000 civil penalty…
Mid-Continent Resources, Inc.
Penalty withdrawn and case dismissed
Mid-Continent Resources was cited after a miners' representative was allegedly denied the opportunity to accompany an MSHA inspector at the Dutch Creek No. 1 Mine. The Secretary later moved to withdraw the civil penalty proposal after determining that the miners' representative designation was…
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.