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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Secretary of Labor v. Virginia Drilling Company, LLC
Secretary of Labor v. Virginia Drilling Company, LLC (FMSHRC WEVA 2019-0226): Default vacated for excusable neglect
Virginia Drilling timely contested a proposed penalty assessment but did not answer the later penalty petition or respond to an order to show cause, resulting in default. The company sought reopening shortly after receiving a delinquency notice and said it had not received an assignment and…
Secretary of Labor v. The Quikrete Companies
Secretary of Labor v. The Quikrete Companies (FMSHRC YORK 2021-0034): Misplaced assessment reopened after COVID-19 outbreak
A proposed penalty assessment became final after Quikrete did not file a contest within 30 days. Quikrete explained that a COVID-19 outbreak left its office and plant understaffed and the assessment was inadvertently misplaced. After realizing it lacked the document, the company contacted MSHA and…
Secretary of Labor v. Lo Down Energy, Inc.
Secretary of Labor v. Lo Down Energy, Inc. (FMSHRC WEVA 2021-0180): Four misplaced assessments reopened
Four proposed penalty assessments became final after Lo Down Energy did not contest them within 30 days. The operator had rerouted MSHA assessments to its accounting office during the COVID-19 pandemic, but employees worked there only intermittently and the documents were misplaced. Lo Down learned…
Secretary of Labor v. Cooper Stone, LLC
Secretary of Labor v. Cooper Stone, LLC (FMSHRC CENT 2021-0131): Unreceived penalty assessment reopened
A proposed penalty assessment became final after Cooper Stone did not contest it within 30 days. The operator said it had ongoing mail-delivery problems, did not receive the assessment, and first learned about it from a later statement listing the uncontested violations. The Secretary did not…
Robert Thomas v. CalPortland Company and Secretary of Labor v. CalPortland Company
Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402 DM): Discrimination found under but-for causation
Robert Thomas worked as a dredge operator for CalPortland and raised concerns about excessive hours, understaffing, training, and safe work on the Sanderling Dredge. On remand from the Ninth Circuit, Judge Margaret A. Miller applied but-for causation and again found that Thomas's protected safety…
Generational Buildings, LLC
Electronic-filing default set aside
Generational Buildings timely contested a four-item serious citation and timely answered the Secretary's complaint. Eight days after the case was assigned, the judge issued a show-cause order because the small self-represented company had not registered for the Commission's electronic filing system…
Secretary of Labor v. Holcim (US) Inc.
Secretary of Labor v. Holcim (US) Inc. (FMSHRC YORK 2021-0023): Citation-vacatur question certified for review
Holcim and the Secretary proposed settling thirteen citations by vacating four, modifying or leaving nine unchanged, and reducing total penalties from $28,148 to $17,843. The Secretary did not provide information supporting the vacaturs or state that they were independent of the rest of the…
Secretary of Labor v. Greenbrier Minerals, LLC
Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2021-0294): Citation-vacatur question certified for review
Greenbrier Minerals and the Secretary proposed settling six citations by vacating two, leaving four unchanged, and reducing total penalties from $1,960 to $1,213. The Secretary relied only on asserted prosecutorial discretion as the explanation for the vacaturs. Judge Michael G. Young held that…
Secretary of Labor v. Crimson Oak Grove Resources LLC
Secretary of Labor v. Crimson Oak Grove Resources LLC (FMSHRC SE 2021-0134): Citation-vacatur question certified for review
Crimson Oak Grove Resources and the Secretary proposed settling five citations by vacating one, modifying or leaving four unchanged, and reducing total penalties from $29,497 to $11,672. The Secretary did not provide information supporting the vacatur or state that it was independent of the rest of…
Secretary of Labor v. Crimson Oak Grove Resources LLC
Secretary of Labor v. Crimson Oak Grove Resources LLC (FMSHRC SE 2021-0112): Citation-vacatur question certified for review
Crimson Oak Grove Resources and the Secretary proposed resolving three citations by vacating one, leaving two unchanged, and reducing total penalties from $1,154 to $1,029. Judge Michael G. Young treated the motion to dismiss as a settlement because the vacatur appeared tied to the operator's…
Secretary of Labor v. River City Stone-DIV/Mathy Construction Co.
Secretary of Labor v. River City Stone-DIV/Mathy Construction Co. (FMSHRC LAKE 2021-0145): Citation-vacatur question certified for review
River City Stone and the Secretary proposed resolving two citations by vacating one, leaving the other unchanged, and reducing total penalties from $250 to $125. Judge Michael G. Young treated the motion to dismiss as a settlement because the vacatur appeared tied to the operator's agreement to pay…
Secretary of Labor v. Solvay Chemicals, Inc.
Secretary of Labor v. Solvay Chemicals, Inc. (FMSHRC WEST 2020-0278 M): Delayed injury report affirmed, negligence reduced
Solvay Chemicals operates an underground trona mine in Wyoming. A miner was struck by a roof fall while repairing a bore miner, suffered visible head injuries, and was later diagnosed with a shattered orbital socket. MSHA cited Solvay under 30 C.F.R. § 50.10(b) because management did not notify the…
Petrongolo Contractors, Inc.
Repeat cave-in protection item affirmed
Petrongolo Contractors excavated a roughly 10-foot-deep street trench to replace a sewer manhole. OSHA cited the company for allegedly failing to classify the soil when designing timber shoring and for allowing employees to work in the trench before an adequate protective system was installed. The…
Greenbrier Central LLC
Railcar fall citation vacated for lack of fair notice
Greenbrier Central LLC manufactured tank railcars at its Marmaduke, Arkansas facility. OSHA cited the company after employees performed touchup work on railcar tops near open entry hatches without the fall protection specified by 29 C.F.R. § 1910.28(b)(3)(i), and proposed a $10,603 penalty. The…
Premier Roofing LLC, d/b/a Premier Roofing Co.
Roofing violations affirmed on summary judgment
Premier Roofing served as the general contractor for residential roofing work at the Summerfield Villas in Colorado. An OSHA compliance officer observed about 20 subcontractor employees working on roofs more than six feet above the ground without fall protection, and Premier's own employees also…
Secretary of Labor v. United Taconite, LLC
Secretary of Labor v. United Taconite, LLC (FMSHRC LAKE 2020-0014): Four late-contested citations reopened
United Taconite's proposed assessment became final after an employee failed to deliver it to the safety director before the 30-day contest deadline. The company mailed a contest for four citations two days after the deadline, and the Secretary did not oppose reopening or allege bad faith. The…
Secretary of Labor obo Barbara E. Cassidy v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor obo Barbara E. Cassidy v. Consol Pennsylvania Coal Company (FMSHRC PENN 2020-0101): Safety-report retaliation proven
Barbara Cassidy, a section supervisor at Consol's Enlow Fork Mine, raised concerns about shortages of personnel rides, emergency transportation, and roof-bolting practices. Management counseled her after two safety emails and later imposed an unpaid suspension following a loud disagreement with her…
Secretary of Labor obo Darcy White v. Prairie State Generating Co.
Secretary of Labor obo Darcy White v. Prairie State Generating Co. (FMSHRC LAKE 2021-0158): Economic reinstatement remains in effect
Darcy White and Prairie State Generating had agreed to temporary economic reinstatement while the Secretary investigated her discrimination complaint. After White amended the complaint to add a staffing agency, the Secretary requested more time to investigate, and Prairie State asked the judge to…
Armstrong Utilities, Inc. d/b/a Armstrong Cable Services
Electrical citation vacated for lack of employer knowledge
An Armstrong Utilities crew was installing fiber-optic cable below an energized electrical line in rural Ohio when an experienced lineman contacted the 7.8-kilovolt line and suffered electrical shocks and burns. OSHA originally cited the construction electrical standard and later alleged the…
Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC
Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC (FMSHRC WEST 2021-0148 DM): Ventilation allegation added to complaint
Miguel Pugmire alleged that Nevada Gold Mines terminated him after he removed four headings from service because of low airflow readings. Discovery produced evidence that he had also raised ventilation concerns at an earlier meeting attended by the manager who later terminated him. The Secretary…
Secretary of Labor v. Cactus Canyon Quarries, Inc.
Secretary of Labor v. Cactus Canyon Quarries, Inc. (FMSHRC CENT 2021-0090): Interlocutory review denied
Cactus Canyon Quarries sought immediate Commission review after an administrative law judge refused to certify earlier discovery and summary-judgment rulings. The Commission found that those rulings did not present a controlling question of law. It also found that immediate review would not…
Secretary of Labor v. Champlain Stone, Ltd.
Secretary of Labor v. Champlain Stone, Ltd. (FMSHRC YORK 2021-0048): Misaddressed contest excused
Champlain Stone timely prepared a contest of proposed penalties but mailed it to MSHA's St. Louis payment office with payment for uncontested violations. The company discovered the mistake after receiving a delinquency notice and then sought reopening. The Secretary did not oppose relief but urged…
Secretary of Labor v. Blue Mountain Minerals
Secretary of Labor v. Blue Mountain Minerals (FMSHRC WEST 2021-0182): Reopening motion dismissed as moot
Blue Mountain Minerals asked the Commission to reopen a penalty assessment that appeared to have become final because no contest was recorded. The Secretary later confirmed that the operator had timely requested a hearing and that MSHA's mail processing had delayed discovery of the contest. MSHA…
North American Crane & Rigging LLC
Crane swing-radius citation vacated
North American Crane & Rigging used a lattice-boom crane and an assist crane while dismantling a crane at a Massachusetts construction site. OSHA alleged that the company failed to mark the boundaries of the cranes' swing-radius hazard areas. The judge found no swing-radius hazard at the…
Home Rubber Company, LP
Audiogram violations reduced to serious and shaft-coupling item vacated
Home Rubber manufactured specialty industrial rubber products at a New Jersey facility where an employee's hand was pulled into a mill, resulting in the surgical amputation of four fingers. OSHA's inspection produced citations covering numerous safety and health requirements. On review, the…
Secretary of Labor v. Marfork Coal Company, LLC
Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2021-0186): Caption correction authorized
An administrative law judge's settlement decision became final after 40 days but contained the wrong docket number in its caption. The judge asked the Commission for permission to correct the clerical error. Commission procedural rules allow correction of a clerical error in a final decision with…
Secretary of Labor v. Solar Sources Mining, LLC
Secretary of Labor v. Solar Sources Mining, LLC (FMSHRC LAKE 2017-0099): Berm penalty reduced to $40,000
Solar Sources Mining violated the berm standard at a surface coal mine after a haul truck went over a dumpsite edge and the driver was injured while escaping. The citation's S&S, unwarrantable-failure, high-negligence, and serious-gravity findings were no longer disputed; the appeal concerned the…
Secretary of Labor v. DelHur Industries, Inc.
Secretary of Labor v. DelHur Industries, Inc. (FMSHRC WEST 2021-0107): Unreceived assessment never became final
DelHur Industries did not receive a proposed penalty assessment that the Postal Service returned to the Secretary as unclaimed. The company learned of the penalties from a delinquency letter and filed a reopening motion within 30 days. The Commission held that the assessment never became final…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0036): Three mailed contests reopened
Consol Pennsylvania Coal Company sought to reopen three penalty assessments after contests it said it mailed were not received. MSHA's collection office had received partial payments for the uncontested penalties, but the payments were applied to the wrong citations because the agency did not know…
Secretary of Labor v. Buzzi Unicem USA
Secretary of Labor v. Buzzi Unicem USA (FMSHRC CENT 2021-0051 M): Mailing error excused
Buzzi Unicem intended to contest part of a proposed penalty assessment but sent the contest to MSHA's St. Louis collections office instead of agency headquarters. It learned of the error from a delinquency notice and promptly moved to reopen. The Secretary did not oppose the motion and confirmed…
Wayne J. Sand and Gravel, Inc. v. Secretary of Labor and Secretary of Labor v. Wayne J. Sand and Gravel, Inc.
Wayne J. Sand and Gravel, Inc. v. Secretary of Labor (FMSHRC WEST 2019-0111): Sixteen-month delay bars reopening
A penalty case defaulted and the related contest was dismissed in 2019 after Wayne J. Sand and Gravel did not respond. The company waited until December 2020, more than 16 months after the orders became final, to seek reopening. It said it had not received the penalty petition or show-cause order…
Palm Beach Aggregates LLC v. Secretary of Labor and Secretary of Labor v. Palm Beach Aggregates LLC
Palm Beach Aggregates LLC v. Secretary of Labor (FMSHRC SE 2020-0067 RM): Pandemic mail delay excused
Palm Beach Aggregates began working remotely one day before a proposed assessment arrived in March 2020. The assessment did not reach the safety director until after the contest deadline, and the company filed a contest about two weeks later. The Commission found the moderate delay excusable under…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2021-0163): Economic reinstatement granted
The Secretary sought temporary reinstatement for Jason Hargis at Vulcan Construction Materials. Vulcan did not request a hearing, and the parties agreed to economic reinstatement terms. Judge Michael G. Young found that the discrimination complaint was not frivolously brought and ordered economic…
Secretary of Labor obo Darcy White v. Prairie State Generating Co.
Secretary of Labor obo Darcy White v. Prairie State Generating Co. (FMSHRC LAKE 2021-0158): Economic reinstatement approved
Darcy White and Prairie State Generating reached an agreement for temporary economic reinstatement while her discrimination complaint was investigated. Judge Thomas P. McCarthy found the agreement fair, reasonable, and consistent with the Mine Act's purpose. He ordered Prairie State to provide…
Roy Rock, LLC
Rebar-machine lockout citation vacated because maintenance standard did not apply
Roy Rock used a Rod Chomper machine to bend and cut reinforcing steel at a New Jersey construction site. An employee was removing a bending cylinder while the machine remained energized when it started operating, breaking one finger and cutting two others. OSHA cited the company under a…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Secretary of Labor v. Warrior Met Coal Mining, LLC (FMSHRC SE 2020-0213): Twenty-one-citation settlement approved
Warrior Met Coal Mining and the Secretary proposed resolving two penalty cases by reducing total penalties from $61,707 to $33,035. Nine citations remained unchanged, while twelve were modified on injury likelihood, number of persons affected, injury severity, or negligence. Judge Thomas P…
Secretary of Labor v. Mingo Logan Coal, LLC
Secretary of Labor v. Mingo Logan Coal, LLC (FMSHRC WEVA 2019-0320): Unmailed contest form excused
Mingo Logan Coal's assistant safety manager timely completed a form identifying ten citations for contest. A clerical error left the completed form unmailed, and an internal audit found the mistake about six weeks after the assessment became final. The company then contacted counsel to seek…
Secretary of Labor v. Pedrotti Materials, LLC
Secretary of Labor v. Pedrotti Materials, LLC (FMSHRC WEST 2020-0275 M): Misaddressed assessment never became final
Pedrotti Materials did not receive a proposed penalty assessment because MSHA mailed it to the wrong address. The Secretary confirmed the agency's addressing error. The Commission held that the assessment never became final because the operator had not received it, so Rule 60 reopening relief was…
Far From Broken Auto Sales, Inc. d/b/a/ Smart Choice Auto Sales, Inc.
Roof and ladder violations affirmed
Far From Broken Auto Sales bought, repaired, and sold used vehicles at a Florida property. Its employee replaced damaged plywood on a low-slope shed roof more than eight feet above the ground without fall protection and used an unsecured ladder placed in front of a doorway and open to vehicle…
Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc.
Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc. (FMSHRC PENN 2021-0087): Temporary reinstatement granted
Ryan Lemley, a belt cleaner at Monongalia County Mine, alleged that the operator discharged him after years of reporting safety issues, accompanying inspectors, and filing complaints with MSHA. The Secretary's investigator cited those activities, management's alleged hostility, different treatment…
Harvestland Constructors, Inc.
Fatal fall citation vacated for lack of employer knowledge
Harvestland Constructors was building a feed mill in Georgia when an experienced carpenter fell 38 feet through an uncovered floor opening and died from his injuries. The carpenter had been assigned to cover the openings and was not using the available personal fall-arrest system when he fell. The…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Temporary reinstatement affirmed
Alvaro Saldivar alleged that Grimes Rock terminated him one day after his latest safety complaint and after repeated requests for equipment-specific task training. The Judge found the discrimination complaint was not frivolously brought and ordered temporary reinstatement. Grimes Rock challenged…
Robert Thomas v. Calportland Company
Robert Thomas v. Calportland Company (FMSHRC WEST 2018-0402 DM): Discrimination claim remanded for but-for analysis
Robert Thomas alleged that CalPortland suspended and terminated him because he exercised rights protected by the Mine Act. The Commission had reversed an Administrative Law Judge's finding of discrimination and dismissed the case for lack of evidence that protected activity motivated the adverse…
Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor v. Vulcan Construction Materials, LLC (FMSHRC SE 2020-0087-M): Brake-system citation vacated
MSHA cited Vulcan Construction Materials after an inspector heard air escaping from a water truck's rear brake chamber at the South Russellville Quarry. The service and parking brakes both held the truck, but the Secretary argued that the audible release showed a brake-system component was not…
Secretary of Labor v. Naselle Rock and Asphalt Company
Secretary of Labor v. Naselle Rock and Asphalt Company (FMSHRC WEST 2020-0341 M): Pandemic-delayed contests reopened
Naselle Rock and Asphalt received two proposed penalty assessments on March 23, 2020. Its offices closed one week later as a COVID-19 safety precaution, and personnel did not return until the week the assessments became final. Naselle mailed its contest forms on April 23, one day after the…
Secretary of Labor v. Peabody Midwest Mining, LLC and Secretary of Labor v. Michael Butler, employed by Peabody Midwest Mining, LLC
Secretary of Labor v. Peabody Midwest Mining, LLC and Michael Butler (FMSHRC LAKE 2019-0361): Methane orders affirmed and examination order modified
A contractor's drill breached old mine workings at Peabody Midwest Mining's Francisco Mine and released methane that repeatedly registered above five percent. Mine manager Michael Butler allowed six miners to continue pulling drill rods with the drill energized for at least 30 minutes despite the…
SIP Insulation Professionals, LLC
Three construction items vacated because company was not the employer
Workers were erecting a building with structural insulated panels at an Alabama construction site when OSHA observed alleged aerial-lift, roof fall-protection, and equipment-modification violations. OSHA issued the three-item citation to SIP Insulation Professionals, LLC. The central issue was…
Maxim Crane Works
General-industry fall standard applied to crane disassembly at rental yard
Maxim Crane Works disassembled a crawler crane at its Pennsylvania maintenance yard so it could be transported to a customer's construction site. An employee working without fall protection on the lowered lattice boom fell about nine and a half feet when a boom section shifted, sustaining a…
Secretary of Labor v. American Sand Company, LLC
Secretary of Labor v. American Sand Company, LLC (FMSHRC SE 2019-0252 M): Unmarked penalty contest reopened
American Sand timely contested three of four penalties on an assessment, but MSHA's stamped copy showed the fourth contest box was unmarked. The company later sent a letter explaining why it challenged that penalty and filed a reopening motion within 30 days after receiving a delinquency notice…
PMI International Stone Importers
Stone-slab fall-shadow hazard violated general duty clause
PMI International Stone Importers received bundles of stone slabs weighing about 7,000 pounds in shipping containers at its New Jersey warehouse. Employees routinely entered the containers and guided unsecured bundles while standing in the area where a bundle could fall. During one unloading…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Immediate reinstatement ordered
Alvaro Saldivar alleged that Grimes Rock fired him one day after his latest safety complaint about mine equipment and after repeated requests for task-specific training. Grimes Rock relied on disciplinary write-ups but did not call witnesses to establish its asserted reason for the termination, and…
Secretary of Labor v. James Irvin, Agent of Rhino Eastern, LLC, Eagle 3 Mine
Secretary of Labor v. James Irvin, Agent of Rhino Eastern, LLC (FMSHRC WEVA 2017-0561): Mistakenly ignored default reopened
James Irvin did not answer a civil-penalty petition, and a show-cause order became a default order. He explained that MSHA had sent a letter saying all charges were dropped, so he believed later correspondence was an oversight and the matter had settled. The Secretary did not oppose reopening but…
Secretary of Labor v. Southwest Energy, LLC
Secretary of Labor v. Southwest Energy, LLC (FMSHRC WEST 2020-0248 M): Misdirected penalty contest reopened
Southwest Energy attempted to contest a proposed penalty but mailed the form to a St. Louis post office box instead of MSHA's Civil Penalty Compliance Office in Arlington. After discovering the addressing mistake, the company tried to resend the contest but encountered pandemic-related mail…
Secretary of Labor v. Arnold Hoskins
Secretary of Labor v. Arnold Hoskins (FMSHRC KENT 2015-0644): Reopening motion denied as moot
Arnold Hoskins asked the Commission to reopen a $4,800 penalty matter after MSHA sent him a delinquency notice. The Chief Administrative Law Judge had previously ordered the Secretary to file a penalty petition and explain the delay. When the Secretary did not comply, the case was dismissed on…
Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC
Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC (FMSHRC SE 2021-0119): Longwall operator temporarily reinstated
Timothy Barnes raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…
Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC
Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC (FMSHRC SE 2021-0118): Longwall operator temporarily reinstated
Brandon Hall raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…
Secretary of Labor v. Sikes Concrete, Inc.
Secretary of Labor v. Sikes Concrete, Inc. (FMSHRC SE 2021-0011): Unopposed assessment reopening granted
Sikes Concrete asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the motion. The order does not describe the facts that caused the missed contest or explain the basis for relief. The Commission reopened the matter and remanded it to the…
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC (FMSHRC WEVA 2021-0203): Temporary reinstatement affirmed
Roger Cook, a fire boss at Rockwell Mining's Eagle #3 Mine, reported to MSHA that a pump's ground-monitor protection had been bypassed. Rockwell suspended him the next day and terminated him four days later, while asserting that separate misconduct involving a scoop's defective panic bar caused the…
Destiny Builders Construction Services, Inc.
Five citation items affirmed by default
OSHA issued Destiny Builders three serious and two other-than-serious citation items after inspecting a Chicago construction site. The company filed a notice of contest and eventually answered the complaint after an initial show-cause order. It then failed to register for electronic filing, respond…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2018-0169): Three serious-hazard findings affirmed
Consol Pennsylvania Coal did not dispute three violations at the Harvey Mine but challenged whether they were significant and substantial. One violation involved missing reflectorized signs required to warn miners about unsupported roof, and two involved badly damaged hoisting cables left available…
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.