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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Matson Terminals, Inc.
Longshoring footwear citation vacated
Matson employees lashed cargo containers aboard the SS MATSONIA. OSHA observed two lashing employees wearing tennis or canvas shoes and cited Matson under the general personal-protective-equipment standard. The Commission held that the specific longshoring footwear standard controlled instead. That…
Collator Corporation
Press-brake subitems vacated and remaining citation affirmed
Collator Corporation manufactured collating machines at a Seattle plant. Its notice of contest referred only to the proposed penalties, but its answer and statements at the hearing showed that it also intended to contest two press-brake guarding subitems. The Commission therefore treated those…
Reynolds Metals Company
Noise-control citation vacated for lack of feasible controls
Reynolds Metals operated a can-manufacturing plant where employees worked near six production lines containing 126 pieces of equipment. OSHA's spot measurements showed noise levels from 92 to 105 dBA, and the Commission found that the excessive noise continued during the employees' exposure…
K & T Steel Corporation
Machine-guarding citation affirmed for three unguarded machines
K & T Steel fabricated structural steel, reinforcing bar, and tanks. OSHA cited the company because an ironworker, hydraulic press brake, and plate rolling machine lacked point-of-operation guards. K & T admitted the ironworker violation but contested the other two machines. The Commission held…
Lloyd C. Lockrem, Inc.
Mobile-equipment trench item revived and remanded
Lloyd C. Lockrem installed an underground concrete sewer line in a ground cavity that qualified as a trench. A front-end loader backfilled the cavity with its front wheels as close as 1.5 feet from the edge, and no stop logs or barricades were installed. The judge vacated the cited excavation…
Electrical Contractor Associates, Inc.
Shaft and roof-edge guarding citations affirmed
Electrical Contractor Associates was an electrical subcontractor at a building project in Altoona, Pennsylvania. Its employees worked near a mechanical shaft that lacked toeboards and was partly unguarded, and near an unguarded roof edge 48 feet above the ground. The judge affirmed two nonserious…
Okland Construction Company
Fall-protection citation affirmed for work on wall forms
Okland employees assembled wall forms for concrete placement at a power-station project. One employee died after falling 15 to 18 feet while installing a horizontal 2-by-4 waler without wearing a safety belt. Although no direct evidence established where he stood when he fell, the judge inferred…
Haybuster Manufacturing Company
Failure-to-abate ruling affirmed after court remand
Haybuster did not contest an initial citation, which became a final order requiring abatement. OSHA reinspected before the 15-working-day contest period expired and found four conditions uncorrected. A judge found failures to abate but reduced three of the four proposed additional penalties. The…
Dobson Brothers Construction Co.
Repeated spoil-pile violation affirmed and penalty reduced
Dobson Brothers laid pipe in a trench in Lincoln, Nebraska. OSHA alleged that the trench lacked adequate support in soft or unstable soil and that excavated material was stored within two feet of the trench edge. The Commission agreed with the judge that OSHA's expert evidence did not prove the…
W. J. Barney Corporation
Direction for review vacated
The Commission vacated its direction for review in the W. J. Barney Corporation case by referring to Francisco Tower Service. The attached judge's decision concerned a construction manager whose employees regularly inspected and traversed a construction site. The judge found the company subject to…
Walsh Construction Company
Direction for review vacated
The Commission vacated its direction for review in the Walsh Construction Company case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace conditions, judge's disposition, or proposed penalties. Commissioner Moran's dissent argues that…
Fischbach & Moore, Incorporated
Direction for review vacated
The Commission vacated its direction for review in the Fischbach & Moore case by referring to Francisco Tower Service. The attached judge's decision involved an employee welding from outside a scaffold 18 feet above ground without a safety belt or lifeline, and welding zinc-bearing material without…
Great Atlantic & Pacific Tea Company; Thorofare Markets, Inc.
Mesh-glove citations vacated
A&P and Thorofare Markets employed retail-store butchers who trimmed and boned meat, poultry, and fish without required wire-mesh gloves. The judge affirmed citations under the general personal-protective-equipment standard. Applying its Grand Union decision, the Commission held that the general…
Abbott-Sommer, Inc.
Roofing citations mostly affirmed without merits review
Abbott-Sommer was a roofing subcontractor working on a flat roof in Totowa, New Jersey. The judge vacated an item alleging inadequate potable water but affirmed items involving head protection during slag hoisting, an enclosed debris chute, perimeter guarding, and fall-protection equipment for an…
Mohawk Excavating, Inc.; Desarrollos Metropolitanos, Inc.; Texaco, Inc.
Review directions vacated
The Commission vacated directions for review in three cases involving Mohawk Excavating, Desarrollos Metropolitanos, and Texaco. It held that Commissioner Moran's directions did not grant the respondents' petitions for discretionary review and were the type rejected in Francisco Tower Service…
Southwest Filter Company; Bethlehem Steel Corporation; Borders Electric Company, Inc.; Grand Union Company; Henry Carlson Company
Review directions vacated
The Commission vacated directions for review in five cases involving Southwest Filter Company, Bethlehem Steel Corporation, Borders Electric Company, Grand Union Company, and Henry Carlson Company. It referred to Francisco Tower Service and did not identify the underlying standards, workplace…
Raymond J. Pitts, Inc.; Millstone Erectors
Review directions vacated
The Commission vacated directions for review in cases involving Raymond J. Pitts and Millstone Erectors. It held that the directions failed to specify the issues for review and were contrary to the Administrative Procedure Act's intent and Commission policy. The official release does not identify…
L.G. Barcus & Sons, Incorporated
Direction for review vacated
The Commission vacated its direction for review in the L.G. Barcus & Sons case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, judge's disposition, or proposed penalties. Commissioner Moran's dissent argues that canceling…
Joseph Ambrozaitis
Direction for review vacated
The Commission vacated its direction for review in the Joseph Ambrozaitis case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, judge's disposition, or proposed penalties. Commissioner Moran's dissent argues that canceling…
J.R. Simplot Co., d/b/a Simplot Soilbuilders
Direction for review vacated
The Commission vacated its direction for review in the J.R. Simplot case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, or proposed penalties. Commissioner Moran's dissent states that the judge had vacated the contested…
Seattle Stevedore Company
Direction for review vacated
The Commission vacated its direction for review in the Seattle Stevedore Company case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, judge's disposition, or proposed penalties. Commissioner Moran's dissent argues that…
Kawneer Company, Inc.
Direction for review vacated
The Commission vacated its direction for review in the Kawneer Company case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, or proposed penalties. Commissioner Moran's dissent states that the judge had vacated the contested…
Everett Stevedoring Company
Direction for review vacated
The Commission vacated its direction for review in the Everett Stevedoring Company case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, judge's disposition, or proposed penalties. Commissioner Moran's dissent argues that…
Texas Window Cleaning Company
Direction for review vacated
The Commission vacated its direction for review in the Texas Window Cleaning Company case by referring to Francisco Tower Service. The attached judge's decision involved two experienced employees who cleaned fifth- and sixth-floor hospital windows while standing on a 20-inch ledge without safety…
Kroger, Incorporated; Louisiana Paving Company; J. L. Price, d/b/a Price Cabinet Shop; Central Ohio Distributing Company
Review directions vacated
The Commission vacated directions for review in four cases involving Kroger, Louisiana Paving Company, Price Cabinet Shop, and Central Ohio Distributing Company. It referred to Francisco Tower Service and did not identify the underlying standards, workplace facts, or penalty amounts. Commissioner…
Harris Structural Steel Co., Inc.
Direction for review vacated
The Commission vacated its direction for review in the Harris Structural Steel case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, judge's disposition, or proposed penalties. Commissioner Moran's dissent argues that…
George W. Rogers Construction Corporation
Direction for review vacated
The Commission vacated its direction for review in the George W. Rogers Construction Corporation case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, judge's disposition, or proposed penalties. Commissioner Moran's dissent…
Port Chester Electric Construction Company, Incorporated
Direction for review vacated
The Commission vacated its direction for review in the Port Chester Electric case by referring to Francisco Tower Service. The attached judge's decision involved two electrical employees working near an unguarded elevator shaft opening with a 65- to 70-foot drop, and an employee using acetylene…
Techno Products, Inc., d/b/a Techno Truck Manufacturing Co.
Locked-exit failure affirmed and extinguisher failure vacated
Techno manufactured trucks at a plant with a spray-paint booth and about 15 employees. OSHA alleged that the company failed to abate an inadequate supply of fire extinguishers near the booth and a locked rear exit. The Commission held that the extinguisher rule was not vague when read with the…
D. Federico Company, Inc.
Willful cave-in and spoil-pile citations affirmed
D. Federico had an employee working in a Boston earth cavity where the working depth was about 6.5 feet. The walls were not sloped, shored, sheeted, or braced, a large overhang stood about three feet from the employee, and excavated material was piled within inches of the wall. The judge vacated…
Leone Construction Company
Serious trench-support citation reinstated
Leone installed sewer pipe in a ditch about 50 feet long, 10 feet wide, and 7 feet 5 inches deep. Heavy rain entered the unsupported ditch, whose sandy-clay walls showed cracking and erosion. The judge vacated the citation after deciding that the opening was an excavation rather than a trench. The…
Francisco Tower Service
Publication-only direction for review vacated
Commissioner Moran directed review so the complete judge's decision would be published after the Commission discontinued its official bound reporter. The Commission held that publication alone did not present an issue for adjudication under the OSH Act because it was unrelated to the parties'…
Environmental Utilities Corporation
Willful trench citation reduced to serious
Environmental Utilities installed sewer lines at a Pennsylvania worksite. Two laborers entered an unsupported trench in damp clay after the foreman left to obtain parts, and the trench wall collapsed after about five minutes, trapping both workers and killing one. The Commission agreed that the…
Mobil Oil Company
Refinery heater relighting citation vacated
Mobil operated a natural-gas process heater at its Paulsboro, New Jersey, oil refinery. During a relighting attempt after a shutdown, the heater exploded and seriously injured an operator. OSHA cited Mobil under the general duty clause, alleging that its established relighting procedure lacked…
Grand Union Company
Retail mesh-glove citations vacated
Grand Union operated retail stores in Peterborough and Allenstown, New Hampshire. OSHA cited each store under the general personal-protective-equipment standard because meatcutters did not use wire-mesh gloves. The judge found that mesh gloves would eliminate or substantially reduce knife injuries…
Gate City Steel Corporation
Press-brake guarding case remanded for a merits hearing
Gate City Steel operated a metal-fabrication shop in Boise, Idaho. OSHA issued a serious citation alleging that two press brakes lacked point-of-operation guards and proposed a $600 penalty. Before taking evidence, the judge held that the general machine-guarding standard did not apply to press…
Amoco Oil Company
Aboveground forklift fuel-tank citation affirmed
Amoco maintained a fixed 250-gallon aboveground gasoline tank near a warehouse at its Whiting, Indiana, refinery. The tank primarily fueled company forklifts and on occasion was used by other vehicles. Amoco argued that the refinery was not a service station and that the powered-industrial-truck…
House Wood Products Company
Swing cutoff-saw guarding item affirmed
House Wood Products manufactured wooden pallets at a Mansfield, Pennsylvania, plant. OSHA cited three swing cutoff saws because their lower blade portions lacked guards that automatically adjusted to the stock being cut. The company argued that a compliant guard could trap and throw wood chips…
Isseks Brothers, Inc.
Safety belts required for uncaged fixed ladders
Isseks Brothers sent employees to make emergency repairs to a rooftop water tank about eight floors above a New York City street. The employees climbed uncaged fixed ladders, including a steep ladder rising between 26 and 30 feet above the roof, without safety belts or other fall protection. The…
Acme Metal, Inc.
Penalty-only contests leave citations final
Acme Metal operated two steel-fabricating plants in Portland, Oregon. OSHA cited machine-guarding and posting violations after inspecting both plants. The Commission held that Acme's notices of contest placed only the penalties at issue for the table saw in docket 1811 and the metal saw and posting…
Theodore D. Bross Line Construction Corp.
Tower dismantling hazard affirmed
Theodore D. Bross Line Construction was dismantling 100-foot steel electrical transmission towers. Two employees remained about 60 feet above the ground while a crane and winch pulled over the tower's upper section. The section struck the remaining tower, causing one employee to fall and die and…
Marquette Cement Manufacturing Co.
Late amendment lacked consent
Marquette Cement discarded worn kiln bricks through an opening 26 feet above an alleyway at its Catskill, New York, plant. An employee in the alleyway was struck by the falling debris and killed. The Secretary first cited the general duty clause, then amended the complaint to cite a construction…
H.L. Vokes Company
Posted settlement gave employees adequate notice
H.L. Vokes Company was cited for failing to abate a spray-area ventilation violation. The Secretary and the company settled the case by extending the abatement date, affirming the $30 failure-to-abate penalty, and withdrawing the company's contest. The Commission held that the dispute over the…
Coleman Co., Inc.
Abatement extension dispute was moot
Coleman Company obtained an extension of the deadline for correcting an unguarded-machinery hazard. An affected employee opposed the extension and argued that interim protective measures were available. By the time the case reached the Commission, both the extended December 1974 deadline and a…
The Ashton Company, Inc.
Steel-erection railing rule controlled temporary floors
The Ashton Company was the general contractor building a multistory county courthouse in Tucson, Arizona. During the steel-erection stage, employees installed plywood decking and poured concrete on partially completed second and third floors. OSHA cited Ashton under the general open-sided-floor…
Brady-Hamilton Stevedore Company
Unguarded radial saw violation affirmed
Brady-Hamilton Stevedore operated a radial-arm saw without a guard over the lower exposed blade at its Portland, Oregon, gear locker. The judge vacated the citation after finding that the woodworking machinery standard was invalidly adopted from an ANSI standard. Relying on its earlier Noblecraft…
Lige Dickson Co.
Wet trenches required sloping and safe exits
Lige Dickson Company excavated long dewatering trenches in wet, unstable fill at a Tacoma, Washington, worksite. Portions of two trenches were 9 to 10 feet deep, inadequately sloped, and unshored, while an employee worked along the trench bottoms. The company also provided no ladders or steps, and…
Thunderbird Coos Bay, Inc.
Saw guard and forklift-riding violations affirmed
Thunderbird Coos Bay used a radial-arm saw without a guard over the lower exposed blade. At the same worksite, two employees rode about 15 feet above the ground on loose lumber carried by a forklift. The Commission held that the saw-guarding standard was valid and that the exposed blade created a…
Diebold, Inc.
Press brakes required point-of-operation guarding
Diebold operated unguarded press brakes and mechanical punch presses at three Ohio plants. The Commission held that press brakes, although excluded from the specific mechanical-power-press rule, remained subject to the general machine-guarding requirements. It rejected Diebold's vagueness and…
J.A. McCarthy, Inc.
Employee refusal did not excuse hardhat violations
J.A. McCarthy employed longshoremen at the Port of Philadelphia who repeatedly refused to wear required protective hats. The company supplied hats, posted signs, conducted an educational campaign, included reminders in pay envelopes, and held safety meetings, but did not discipline or discharge…
Great Atlantic & Pacific Tea Co., Inc.
Mesh gloves not required for retail meatcutters
OSHA cited A&P because a meatcutter in a retail store did not wear a wire-mesh glove on his noncutting hand while boning meat. The record showed that retail meatcutters rarely used mesh gloves and that the store's reported meat-department accidents did not include boning injuries. The judge held…
Grand Union Co.
PPE rule did not require wire-mesh gloves for butchers
OSHA cited Grand Union because butchers in one of its retail stores did not use wire-mesh gloves, protective aprons, or head protection. The judge dismissed the item for lack of proof that employees were exposed to the alleged hazard. On review, the Commission disagreed with that exposure finding…
Akron Brick & Block Co.
Work rules and tools were not machine guarding
Akron Brick & Block used an automatic cuber to stack finished concrete blocks. When the machine misplaced a block, operators were instructed to turn a safety switch, use a metal hook, and avoid entering the point of operation. Employees nevertheless entered the machine during its operating cycle…
Donald K. Nelson Construction, Inc.
Improper personal service invalidated citation
OSHA attempted to send a construction citation and proposed penalty by certified mail, but the mailing was not delivered. An agency official retrieved the envelope and personally delivered it to the home of the company's president, where his wife received it. The Commission held that personal…
Juhr & Sons
Saw-guard citation reinstated and penalty reduced
Juhr & Sons, a general contractor, was cited after employees used a radial arm saw without a guard covering the lower portion of the blade. The employer admitted the violation and contested only the proposed $550 penalty. The administrative law judge nevertheless considered whether the guarding…
Amory Cotton Oil Company
Screw-conveyor guarding amendment remanded
Amory Cotton Oil employees manually pushed cottonseed into an uncovered floor-level screw conveyor, and one employee was fatally injured. OSHA cited a power-transmission shaft standard, but at the hearing sought to add an open-sided-floor standard and the general machine-guarding standard after the…
ACE Sheeting & Repair Co.
Unguarded skylight citation affirmed
ACE Sheeting & Repair's owner and an employee were replacing rusted metal sheets on a pitched warehouse roof containing about 60 skylight openings. The openings were covered by translucent panels but had no compliant guardrails or covers, and the employee fell through a panel and died. The…
Colorado Pipe Lines, Inc., d/b/a CPL Constructors
Unprotected trench violation affirmed as serious
Colorado Pipe Lines was cited for a willful violation involving an inadequately protected trench and excavated material placed near its edge. The trench was 12 to 14 feet deep, and employees were exposed while its sides were not adequately shored or sloped. The Commission agreed that the evidence…
Sletten Construction Co.
Bridge guardrail citation affirmed
Sletten Construction was excavating bridge piers and used a work bridge above water without guardrails. The Commission upheld the judge's finding, based on circumstantial evidence, that employees were exposed to the unguarded bridge and affirmed the repeated violation with a $340 penalty. It also…
Boring & Tunneling Co. of America
Trench ladder and shoring violations affirmed
Boring & Tunneling employees worked in a 14-foot-deep sewer trench reached by a short, improperly pitched, and unsecured ladder. The trench sides were nearly vertical, and the shoring used deteriorated, split, and rotting timbers while nearby highway traffic created vibration. The administrative…
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.