Federal agency decisions, searchable in plain English.
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC) and mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Liberty View Construction, Inc.
Late notice of contest dismissed
OSHA issued Liberty View Construction a citation after two inspections of a New Jersey worksite. The company received the citation on May 29, 2009, making June 19 the deadline for a notice of contest, but it filed on June 24. The judge treated the company's later letter as a request to excuse the…
Orlowski Company, Inc.
Stairway and willful fall-protection penalties totaled $56,600
Orlowski Company admitted one serious stairway violation and two willful fall-protection violations at a Chicago construction site, contesting only the penalty amounts. Employees used stairways without handrails, a foreman performed masonry work on an unguarded scaffold more than 12 feet high, and…
D’Allessandro Corporation
Unprotected 5½-foot trench led to a serious citation
D’Allessandro Corporation employees entered a trench in South Boston to cut an existing pipe and install a fitting. OSHA measured the vertical-sided trench at 5½ feet deep where the employees were working, and the Type C soil was adjacent to a heavily traveled road. The company disputed the…
New Blue Shield Construction Inc.
Six-month filing delay was not excusable neglect
OSHA inspected a New Blue Shield Construction work site in the Bronx and issued a citation on August 8, 2006. The company did not file a notice of contest by the 15-working-day deadline, then waited nearly six months after OSHA explained the late-contest procedure before writing to the Commission…
Andron Construction Corporation
Falling concrete block results in $850 penalty
Andron managed a school construction project where concrete blocks were staged near the edge of a second-floor landing area. A pallet came apart, and a 35-pound block fell about 26 feet and struck an Andron employee on the head, knocking him unconscious and requiring hospitalization. The judge…
Seyforth Roofing Co., Inc.
Attorney failures did not justify reopening default
Seyforth Roofing initially contested a serious item and a repeat item but repeatedly failed to answer pleadings, respond to discovery, or comply with show-cause orders. After a default judgment became final, the company argued that its former attorney had misled it and sought relief under Federal…
New York Elevator, Inc.
Elevator counterweight and training items vacated
An experienced elevator helper suffered serious leg and head injuries after climbing above a compliant counterweight guard and being caught by a moving counterweight. The employees were modernizing one elevator while keeping the adjacent passenger elevator operating, and the record did not explain…
Conti Carlucci Construction, Inc.
Contest dismissed after employer stopped participating
OSHA cited Conti & Carlucci Construction for several construction-standard violations and proposed $119,000 in total penalties. The parties stated at the scheduled hearing that they had reached a settlement, but the employer did not return the written agreement and stopped responding to its own…
American Shoe Corporation
Late notice of contest dismissed
American Shoe Corporation received OSHA's citation on September 23, 2004, but did not submit a notice of contest by the October 15 deadline. The company's vice president was traveling when the citation arrived, and an accounts payable employee mistakenly filed it with paperwork from an earlier…
Taj Mahal Contracting/Gen Construction Company
Jurisdiction established on remand
The Commission remanded this late-contest case for a clearer determination of whether Taj Mahal Contracting was the employer at the inspected New York construction site. The compliance officer testified that workers identified Taj Mahal and its president, the company's accountant identified…
Blackstone Group, LLC
Late notice of contest accepted for excusable neglect
Blackstone filed its notice of contest 44 days late after its site superintendent relied on a subcontractor's promise to contest citations issued to both companies. The judge found that the delay was within Blackstone's reasonable control because the superintendent knew the deadline and could have…
Marcella Nursing & Rehabilitation Center, Cinnaminson Nursing Center, Geriatric & Medical Services
EAJA fee request denied after parent assets aggregated
Three nursing facilities sought attorney fees and expenses under the Equal Access to Justice Act. Each facility individually met the size and net-worth limits, but their corporate parent, Genesis Health Ventures, did not. On remand, the judge found that Genesis exercised extensive control over the…
DCM Erectors, Inc.
Fall, training, and eye-protection violations affirmed
DCM performed steel erection on a high-rise project where an employee died after slipping on a snow-covered deck and falling through a large unguarded opening. The judge found a repeated violation because safety cabling had been removed from one side of the opening and not replaced, even though DCM…
Construction 2000, Inc.
Late notice of contest dismissed
Construction 2000 filed its notice contesting an OSHA citation after the 15-working-day deadline. Its president explained that he was out of state caring for a sick relative when the citation arrived and that his small business had no clerical staff or procedure for handling important mail during…
RMS Construction, Inc.
Trench and worksite violations affirmed
RMS Construction was a subcontractor building a block wall in a deep trench on a New Jersey road and bridge project. OSHA found RMS employees working outside the trench box in Type C soil, with no safe egress, no competent-person inspections, uncapped rebar, inadequate hazard training and worksite…
Danica Plumbing and Heating, Inc.
Late contest dismissed after default
OSHA issued Danica Plumbing and Heating a serious citation after inspecting a Bronx worksite. The company received the remailed citation but did not submit its notice of contest within the 15-working-day deadline. It then failed to appear for the hearing on the late filing even though the Secretary…
Universal Maritime Service Corp. APM Terminal
Container fall-protection citations vacated
A longshoreman died after a crane unexpectedly lifted a container while he was on top detaching auxiliary lifting hooks. OSHA cited Universal Maritime for unsafe access to the container and failure to protect the employee from fall hazards while on top. The cited marine-terminal rules depended on…
Well Rise Fashion
Late notice of contest dismissed
OSHA issued Well Rise Fashion serious and non-serious citations after inspecting its New York worksite. The company responded more than two months after the 15-working-day contest period had expired and asked for reconsideration and lower penalties. The judge found no deception by the Secretary…
Gillette Masonry, Inc.
Unopposed late contest dismissed
OSHA issued Gillette Masonry serious and other-than-serious citations with a $500 penalty after inspecting its Pennsylvania workplace. The company submitted its notice of contest after the 15-working-day deadline. The Secretary moved to dismiss the late filing, and the employer filed no response…
Simon Roofing and Sheet Metal, Inc.
Late contest dismissed for deficient mail handling
A temporary employee signed for Simon Roofing's OSHA citation, but the document was misplaced and did not reach the corporate safety manager until months after the contest deadline. The judge held that businesses must maintain orderly procedures for handling important documents and that employee…
Belrose Fire Supression, Inc.
Late notice of contest dismissed
OSHA mailed Belrose Fire Suppression a citation that the company received on November 25, 2002. Belrose did not file its notice of contest by the December 17 deadline and instead filed on January 28, 2003. The judge found that OSHA used proper certified-mail procedures and that the citation itself…
N. Picco & Sons Contracting Co., Inc.
Scaffold and housekeeping violations affirmed
N. Picco & Sons was constructing a three-story addition to a school in Bronxville, New York. OSHA observed two employees working 36 and 42 feet above ground on a scaffold with improper fall-arrest anchorage, incomplete planking, an excessive gap from the building, and no suitable access. The judge…
Navillus Tile, Inc., d/b/a Navillus Contracting
Settlement approved
OSHA issued Navillus Tile two citations alleging serious and repeat violations after inspecting a New York City worksite. During the hearing, the parties reached a complete settlement and later reduced it to a signed written stipulation. The judge approved and incorporated the settlement, but the…
GFW Construction
Contest dismissed for ignoring discovery order
GFW Construction failed to answer the Secretary's interrogatories even after the judge ordered a full response within five days and warned that noncompliance would lead to sanctions. GFW also did not respond to the Secretary's sanctions motion. Finding that the refusal to comply was conscious…
Creative Gold, Inc.
Late contest dismissed after FedEx delivery
After certified-mail attempts were returned, OSHA sent two citations by FedEx to Creative Gold's new Brooklyn address, where someone at the shared entrance signed for them. The judge held that service was reasonably calculated to provide notice and that receipt occurred on the delivery date…
F & G Sons Contractors, Inc.
Late contest dismissed after signed receipt
OSHA's certified-mail return receipt showed that the citation was accepted at F & G Sons Contractors' home-based office by the company president's wife. The president claimed that she had signed only a request for later delivery and that the citation never arrived, but she did not testify and the…
George Harms Construction Co., Inc.
Late contest dismissed when mail handler was not called
George Harms Construction had established mail procedures, and its president acted promptly after learning of the citation through a collection notice. But the employee who signed for, date-stamped, and distributed certified mail did not testify, even though she was the only known person to possess…
Avon Contractors, Inc.
Late notice of contest dismissed
Avon Contractors received an OSHA citation but did not file a notice of contest within the required 15 working days. The company argued that a disgruntled receptionist may have destroyed the citation and that the late filing resulted from mistake or excusable neglect. The judge found that Avon did…
Big Poll Construction, Inc.
Late notice of contest dismissed
Big Poll Construction filed its notice of contest after the 15-working-day deadline and did not respond to the Secretary's dismissal motion. The company had attributed the delay to confusion about a letter from its engineer, but that letter predated the citation and did not concern contesting it…
Frank Lill & Son, Inc.
Fall-protection violation reduced from willful to serious
Frank Lill employees worked and walked on narrow generator catwalks 75 to 85 feet above lower levels without guardrails, nets, or attached personal fall protection. The judge found that employees could foreseeably enter the fall hazard zone and that management knew workers did not always tie off…
Extreme Buildings Services Corp.
Unclaimed mail and late contest lead to dismissal
Extreme Buildings Services did not claim OSHA's certified-mail package despite three postal notices. OSHA then delivered the citation by Federal Express, but the company mailed its notice of contest after the resulting 15-working-day deadline. The company did not respond to the Secretary's…
CIR Electrical Construction Corp.
Controller's illness does not excuse late contest
CIR Electrical filed its notice of contest after the 15-working-day deadline and did not respond to the Secretary's dismissal motion. The company explained that the citation had been placed on the desk of its controller, who was briefly out sick, and was not found until the controller returned. The…
Constructora Marvic, Inc.
First OSHA case does not excuse late contest
Constructora Marvic mailed its notice of contest after the 15-working-day deadline and did not respond to the Secretary's dismissal motion. The company said this was its first OSHA citation, it expected an informal meeting, it had corrected the hazards, and the penalty strained its finances. The…
Native Textile Company
Knitting-machine guarding violation reduced to serious
Many knitting machines at Native Textile's mill had exposed chains and sprockets, defective stop-button caps, or both. A portable thread rewinder also lacked a grounding pin and strain relief. The judge found that employees could contact the moving parts and that management knew about the missing…
Amana Construction Co., Inc.
Lost OSHA mail did not excuse late contest
OSHA issued Amana Construction a citation alleging serious violations and proposing a $7,800 penalty. The company received the certified mailing but lost it without opening it and did not contact OSHA for replacement documents. The judge found that the company missed the 15-working-day contest…
FPM Group, Ltd.
EAJA fee application denied after citation withdrawal
OSHA withdrew a serious compressed-gas citation against FPM Group before the case was set for hearing. FPM then sought fees and expenses under the Equal Access to Justice Act for work performed by its president and an administrative assistant. The judge held that a self-represented party is not…
HST Roofing, Inc.
Low-slope roof fall citation vacated
HST Roofing employees spread stone in the center of a large multiplex roof that had parapet protection except at two open-edge areas. The judge found that the employees' work and access route did not take them near those two unprotected areas, so the Secretary did not prove exposure. He also found…
FM Construction Company
Late contest dismissed after citation mail went uncollected
OSHA mailed a citation to the address FM Construction's owner had provided, and the owner's sister signed for it. The owner visited that address to collect business mail but did not retrieve the citation until after the 15-working-day contest period had expired. The judge found that service was…
Giant's World Corp.
Late contest dismissed for lack of excusable neglect
Giant's World received an OSHA citation and proposed penalty by certified mail but did not submit a notice of contest within 15 working days. The company later cited a communication breakdown with its attorneys and argued that OSHA had named the wrong related company. The judge found no evidence…
Pronto Construction Co., Inc.
Settlement talks did not extend contest deadline
OSHA personally delivered a second citation to Pronto Construction's president and attorney during a settlement meeting and twice explained the contest deadline. Pronto did not file a notice of contest before that deadline, although an OSHA official later resumed settlement discussions without…
Roni Development Co., Inc.
Settlement approved
OSHA issued Roni Development citations alleging serious and other-than-serious violations after inspecting a worksite. The parties reached a settlement at the hearing and reduced their agreement to a written stipulation. The judge approved the settlement and incorporated its terms into the order…
Janusz Szydlowski d/b/a J Home Improvement, Inc.
Contest filed nearly a year late dismissed
J Home Improvement received an OSHA citation by certified mail on April 26, 2000, making May 17 the deadline to contest. Its first response was a letter to the Commission received almost a year later. The owner argued that he had not received or understood information about the 15-working-day…
Saint Vincent's Hospital
Withdrawal stipulation approved
OSHA issued Saint Vincent's Hospital a serious citation after inspecting its worksite in Staten Island, New York. The hospital timely contested the citation, and the case proceeded to a hearing. After the hearing closed, the parties submitted an executed stipulation of withdrawal addressing all…
Barajas & F Construction & Succ.
Settlement agreement approved
OSHA issued Barajas & F Construction a serious citation after inspecting a worksite in The Colony, Texas. The employer timely contested the citation, and the parties reached an agreement at the hearing. The judge approved their executed settlement agreement, which resolved the case in full. The…
Rencor, Inc.
Default judgment affirms a $3,600 citation after the employer failed to appear
OSHA issued Rencor, Inc. a serious citation with a $3,600 penalty on December 4, 2000. The Secretary of Labor moved to dismiss the company's notice of contest as untimely and a hearing on that motion was scheduled in New York. The Secretary appeared ready for trial with witnesses, but no one from…
Marcella Nursing & Rehabilitation Center, Cinnaminson Nursing Center, Geriatric & Medical Services
Bloodborne-pathogen citations vacated
OSHA cited three related New Jersey nursing facilities for using traditional syringes rather than safety syringes, and cited Marcella for the location of containers used to discard disposable razors. The judge found that OSHA's prior guidance did not give the facilities fair notice that safety…
Cashiola Construction
Late notice of contest dismissed
Cashiola Construction received an OSHA citation and proposed penalty on November 9, 2000, making December 1 the deadline to contest. OSHA did not receive the company's contest until January 22, 2001, when the company asserted that it was not the proper party. The company did not respond to the…
Quality Builders, Inc.
Late notice of contest dismissed, citations become final
OSHA inspected a Quality Builders work site and issued two citations with penalties, which the company received by certified mail on September 12, 2000. Under the OSH Act an employer has 15 working days to file a written notice of contest, and here that deadline passed on October 3, 2000 with…
G.S. Garcia Construction, Inc.
Late contest is dismissed after proof of Federal Express delivery
G.S. Garcia Construction was a subcontractor at a Houston construction project when OSHA inspected and later issued a repeat citation. Federal Express records showed that the citation was delivered to the company's office on March 16, 2000, making April 6 the final day to contest it. The company…
H. Carr & Sons Inc.
Contractor is liable for repeated fall hazard under economic-realities test
H. Carr & Sons worked on a shopping mall and movie theater project in Providence, Rhode Island. OSHA observed a worker on a mezzanine about 14 feet above a concrete floor where a sagging wire rope did not provide adequate fall protection. Although another company issued the worker's paycheck…
Big Apple Wrecking and Construction Corp.
Willful scaffold fall-protection citation affirmed at $56,000, most serious items upheld
Big Apple Wrecking & Construction is a New York City demolition contractor. In mid-1998 OSHA inspected its demolition of a six-story theater building, where crews worked on the top level of scaffolding surrounding the structure. OSHA issued a serious citation, a repeat citation, and a willful…
Future Home Technology, Inc.
Modular-home platform fall-protection violations affirmed
Future Home Technology manufactures modular housing in Port Jervis, New York. After inspections in early 1999, OSHA issued the company a nine-item serious citation and a one-item "other" citation. The company settled all but one item through a partial settlement. The remaining contested item…
Von Bodkin, d/b/a Eclipse Coating Systems
Seven-month-late contest dismissed
OSHA issued Eclipse Coating Systems a serious fall-protection citation after inspecting an Idaho worksite. An agent of the company signed for the citation on July 27, 1999, and the document twice explained that any contest had to be filed within 15 working days. Eclipse did not submit a notice of…
Tri-State Steel Construction Company, Inc.
$23,400 EAJA award granted on remand
Tri-State sought attorney fees and expenses after prevailing on hazard-communication and highway traffic-control citation items from a bridge rehabilitation project. The Sixth Circuit had reversed an earlier ruling that Tri-State was ineligible under the Equal Access to Justice Act merely because…
American Tower, LLC
Oral disagreement did not preserve contest rights
American Tower had erected a radio tower for the Township of Verona, New Jersey. After an OSHA inspection prompted by an injury complaint, the company received a citation alleging serious violations. Its owner orally disagreed with the citation and later said he believed he had contested it, but no…
Cleveland Steel Container Corp.
Challenge to settlement withdrawn
OSHA inspected Cleveland Steel Container's Illinois facility and issued a citation and proposed penalty. The company and OSHA then signed an informal settlement agreement resolving the citation. Cleveland Steel Container soon sought to rescind the agreement and filed a notice of contest, leading to…
Champion Environmental Services, Inc.
Settlement approved, ending a contested construction citation
Champion Environmental Services was cited after OSHA inspected one of its construction work sites. The serious citation alleged two violations of the construction standard at 29 C.F.R. § 1926.1101. Champion contested, and the case was set for an E-Z Trial in Chicago. At the December 1999 hearing…
Reliable Roofing, Inc.
Settlement approved on five construction-safety items
Reliable Roofing contested a serious citation issued after OSHA inspected one of its construction worksites. The citation alleged five electrical, ladder, and training violations, and the case was assigned to the Commission's E-Z Trial procedure. The parties reached a written settlement just before…
30 River Court East Construction Corp.
Fall citation vacated because OSHA did not identify the worker's employer
OSHA observed a worker near the open perimeter of the 27th floor of a Jersey City high-rise without fall protection and cited the general contractor, 30 River Court East Construction. The compliance officer believed the worker was installing winter-protection plastic, work performed by the…
L & D Construction
Late contest excused and citation vacated because the owner had no employees
OSHA cited L & D Construction after seeing two people working without fall protection on a pitched roof at a volunteer renovation project in Yonkers, New York. The notice of contest was filed months after the 15-working-day deadline because L & D's owner relied on the building owner, who repeatedly…
What these documents are
- Commission decisions: Rulings by the Occupational Safety and Health Review Commission itself, the highest level of agency review. These are citable as Commission precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by OSHRC Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order under 29 U.S.C. § 661(j): it binds the parties in that case but is not binding precedent in other cases.
- 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 OSHRC public release, and the full text on the page is that release. The plain-English summaries are written by Ezel.