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. American Aggregates of Michigan, Inc.
Untrained-miner settlement rejected
MSHA ordered an inexperienced driller's helper withdrawn because he had not completed all required new-miner training. The parties proposed removing the S&S designation, lowering gravity and negligence, and reducing the penalty from $2,007 to $132 based on his prior OSHA training, partial MSHA…
Secretary of Labor v. SCP Investments, LLC
Walkaround violation did not justify wholesale vacature
An MSHA inspector excluded SCP's owner from the first inspection of its small quarry because the owner lacked new-miner training, then issued a withdrawal order and 11 citations. The judge found that the exclusion violated the operator's statutory walkaround right and vacated every enforcement…
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…
White Oak Mining & Construction Company, Inc.
Task-training issue remanded
White Oak operated the White Oak No. 2 underground coal mine, where a miner helper was killed by the tail boom of a continuous miner. The Commission reviewed the judge's finding that Keith Smith's task training as a continuous-miner operator complied with 30 C.F.R. § 48.7(a). The majority held that…
Cyprus Empire Corporation
Striking employees were not miners for walkaround rights
Cyprus Empire's miners went on strike while the company continued operating its mine with management employees. During an MSHA inspection, the company refused to allow a previously designated representative of the striking employees to accompany the inspector. The Commission held that the Mine Act…
Secretary of Labor v. Aloe Coal Company
Citations and penalties affirmed after improper inspection request
Aloe Coal's striking employees designated the United Mine Workers of America as their miners' representative, and a union representative requested an MSHA inspection under section 103(g)(1). The Commission held that striking employees were not miners for purposes of requesting an immediate…
Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers
Discriminatory discharge found and relief ordered
Robert Vaughn worked for Sumco, Inc. and R.E. Summers at a coal reclamation operation. Judge James A. Broderick found that Summers discharged Vaughn in part because the operator was concerned that Vaughn lacked required safety training and that MSHA might issue another citation or closure order…
Secretary of Labor o/b/o Beavers v. Kitt Energy Corporation
Discrimination finding and remedies vacated
The Secretary brought a discrimination complaint for Ronnie D. Beavers and 25 other miners after Kitt Energy laid off surface miners who lacked the underground training needed for remaining jobs. The ALJ had found discrimination and awarded a civil penalty, back pay, and attorney fees. The…
Smith v. Reco, Inc.
Discrimination dismissal affirmed
Dillard and Lonnie Smith serviced mine batteries for Reco, Inc. and sometimes worked underground. They refused an underground assignment because they believed their required training was inadequate, but they did not tell Reco that this was the reason for refusing the work. The Commission held that…
Reco, Inc.
Discrimination complaints dismissed
Brothers Dillard and Lonnie Smith worked for Reco, Inc. servicing mine batteries, including in underground coal mines. They refused an assignment to work underground because Dillard's required training had expired and Lonnie had not received underground training, and their foreman told each to…
Merrell v. Peabody Coal Company
Discrimination complaint dismissed
Chapman Merrell alleged that Peabody Coal Company violated section 105(c) of the Mine Act when it bypassed him for rehire because he lacked relevant health and safety training under section 115 and 30 C.F.R. Part 48. Peabody argued that the complaint was filed too late. The Commission dismissed the…
United Mine Workers of America on behalf of James Rowe, et al., and Secretary of Labor on behalf of Thomas L. Williams v. Peabody Coal Company
Peabody Coal Company (FMSHRC KENT 82-103-D, KENT 82-105-D, KENT 82-106-D, LAKE 83-69-D): Recall-training discrimination complaints dismissed
These consolidated discrimination complaints challenged Peabody Coal Company's policy of bypassing laid-off miners for recall when they had not obtained relevant health and safety training before rehire. The Commission held that section 115 gives laid-off individuals training rights when they are…
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.