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. Inwood Quarry, Inc.
Secretary of Labor v. Inwood Quarry, Inc. (FMSHRC WEVA 2019-0221): Address error supported vacating default
Inwood Quarry said it never received the hearing packet or the ALJ's show-cause order before the case defaulted. The penalty assessment form listed the company's correct post-office box, but the certificate of service and later show-cause order used a different address. The Secretary did not oppose…
Secretary of Labor v. Imerys Carbonates USA, Inc.
Secretary of Labor v. Imerys Carbonates USA, Inc. (FMSHRC SE 2020-0140): Misdirected contest package supported reopening
MSHA issued Imerys 130 citations during a nine-week inspection and divided them between two proposed assessments. Imerys timely mailed two contest packages, but sent them with payments to MSHA's St. Louis address instead of the contest address in Arlington. Only the first package was forwarded…
Secretary of Labor v. Huber Carbonates, LLC
Secretary of Labor v. Huber Carbonates, LLC (FMSHRC LAKE 2019-0236): Settled withdrawal order made reopening moot
Huber Carbonates sought permission to file a late contest of a section 104(b) withdrawal order. The company had already timely contested the penalty assessment for the underlying citation, which allowed the withdrawal order to be challenged in that penalty case. While the reopening motion was…
Secretary of Labor v. O&G Industries, Inc.
Secretary of Labor v. O&G Industries, Inc. (FMSHRC YORK 2020-0048-M): Unopposed reopening motion granted
O&G Industries asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. North American Millwright Services, Inc.
Secretary of Labor v. North American Millwright Services, Inc. (FMSHRC YORK 2019-0010): Good-faith payment supported vacating default
North American Millwright Services defaulted after it did not answer the Secretary's penalty petition or the ALJ's show-cause order. The operator sought reopening about 30 days after the penalties became delinquent and later paid the assessment in full. The Secretary did not oppose reopening but…
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0163-M): Unopposed reopening motion granted
Nyrstar Tennessee Mines asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
MPS Products Corp.
Beam fall-protection item affirmed and lift-rail item vacated
OSHA inspected MPS Products during steel erection work in Massachusetts and cited two fall hazards. Two employees worked on steel beams 29 feet above the ground without tying off, while another employee briefly climbed a scissor lift's guardrails to reach the structure. The judge affirmed the…
Secretary of Labor v. Genesis Alkali, LLC
Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2020-0156-M): Temporary staffing change supported reopening
During a temporary change in administrative staff, Genesis Alkali mailed two intended citation contests with its payment for the other violations to MSHA's St. Louis payment address instead of the Arlington contest office. The company later checked MSHA's data system and saw that the two citations…
Secretary of Labor v. Eiger Mountain Crushing, LLC
Secretary of Labor v. Eiger Mountain Crushing, LLC (FMSHRC WEST 2019-0517-M): Certified-mail record supported reopening
Eiger Mountain Crushing believed it had timely mailed its contest by certified mail to the correct MSHA address and provided the return-receipt documentation. An MSHA delinquency notice later showed that the contest had not been timely received. Counsel promptly sought reopening, and the Secretary…
Secretary of Labor v. Freeport-McMoran Morenci, Inc.
Secretary of Labor v. Freeport-McMoran Morenci, Inc. (FMSHRC WEST 2019-0278-M): Staffing shortage supported reopening
Freeport-McMoRan Morenci was short-staffed after two industrial-hygiene employees resigned. The health and safety superintendent was covering that program while also handling proposed assessments and mistakenly believed the normal contest procedure had been completed. When MSHA sent a delinquency…
Secretary of Labor v. Commonwealth Mining, LLC
Secretary of Labor v. Commonwealth Mining, LLC (FMSHRC VA 2020-0021): Claimed nonreceipt supported reopening
Commonwealth Mining said it did not receive a proposed assessment containing four citations it intended to contest, although the Secretary confirmed delivery to the address of record. The operator adopted procedures and training to prevent another missed filing. Its representative promptly sought…
Secretary of Labor v. Buchanan Minerals, LLC
Secretary of Labor v. Buchanan Minerals, LLC (FMSHRC VA 2020-0009): Internal mail breakdown supported reopening
Buchanan Minerals used a routine mail process in which a security guard sorted delivered mail, the mine superintendent received the assessment, and the safety manager handled the contest. The safety manager never received this proposed assessment, so the company missed the deadline. Buchanan…
Secretary of Labor v. Callender Construction Company
Secretary of Labor v. Callender Construction Company (FMSHRC LAKE 2020-0092): Claimed nonreceipt supported reopening
Callender Construction said it never received the proposed penalty assessment that later became final. MSHA subsequently sent the company a delinquency notice. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. The Commission found inadvertence or…
Secretary of Labor v. Delhur Industries, Inc.
Secretary of Labor v. Delhur Industries, Inc. (FMSHRC CENT 2020-0099): Claimed nonreceipt supported reopening
Delhur Industries said it never received the proposed penalty assessment and first learned of it from an MSHA delinquency notice. The operator contacted MSHA and followed the agency's direction to seek relief from the Commission. The Secretary did not oppose reopening. The Commission found…
Elmer Julio Perez Mendez d/b/a Julio Perez
Late contest dismissed because mail neglect was not excusable
OSHA issued willful fall-protection and grouped injury-reporting citations after an employee fell approximately eight feet from a residential roof and died. The citations proposed a total penalty of $138,118 and were delivered by certified mail to the address Perez had supplied, where a temporary…
Turner Construction, Inc. of Naples
Repeat fall-protection citation affirmed
An employee of Turner Construction handled a concrete hose on a narrow upper-level surface without a harness, guardrail, safety net, or other fall protection. The employee was 11 feet 5 inches above the next concrete surface and near an outside edge approximately 20 to 22 feet above the ground. The…
Theodore Oesau v. Rogers Group, Inc.
Theodore Oesau v. Rogers Group, Inc. (FMSHRC CENT 2019-0276-DM): Faxed review petition considered but denied
Theodore Oesau sought Commission review after an ALJ dismissed his discrimination complaint. His counsel filed the petition only by fax even though the Commission had warned that pandemic conditions prevented it from monitoring fax and physical mail. Because the rules still permitted fax filing…
Brady SoCal, Inc.
One scaffold guardrail violation affirmed and two allegations vacated
Brady SoCal supplied a scaffold for its framing and drywall work at a casino renovation where an employee of another subcontractor later fell from the roof and died. OSHA cited Brady for an inadequate scaffold inspection and for missing guardrails at two locations. The judge declined to apply…
Tom Kubricky Company, Inc.
Trench egress and cave-in violations affirmed
Tom Kubricky Company excavated more than 20 feet below a residential street to repair a broken sewer force main. Two employees worked in a lower trench without a stairway, ladder, or other reliably safe emergency exit. The judge found the earthen end slopes unsafe because they were soft, irregular…
Latite Roofing & Sheet Metal, LLC
Repeat roof fall citation affirmed
Latite employees removed and transported roof tiles on a low-slope commercial roof with unprotected edges 16 feet above the ground. A safety monitor was present, but he faced away from an employee pushing a wheelbarrow near the edge, and no warning line or personal fall-arrest system was in use…
Secretary of Labor v. Prospect Mining and Development Company, Inc.
Secretary of Labor v. Prospect Mining and Development Company, Inc. (FMSHRC SE 2016-0193): Reopening request withdrawn and case dismissed
Prospect Mining asked the Commission to reopen the case in August 2019. The company later told the Commission that it no longer wished to pursue reopening. Because the request was abandoned, the Commission did not decide whether relief from the existing order was warranted. It dismissed the case.
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2020-0150): Vacation backlog supported reopening with warning
Two proposed assessments arrived while Rockwell Mining's safety manager was on vacation. After returning to a backlog, he selected citations for contest and sent the forms to the corporate safety director, who mailed them on the day the assessments became final. MSHA received the forms six days…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2019-0479): Mistaken payment supported reopening with warning
Rockwell Mining had contested the citation but inadvertently paid the associated penalty when the proposed assessment arrived. The operator discovered the mistake and filed a reopening motion 30 days later. The Secretary did not oppose, and the Commission found excusable neglect, reopened the…
Secretary of Labor v. Pinto Valley Mining Corp.
Secretary of Labor v. Pinto Valley Mining Corp. (FMSHRC WEST 2019-0516): Documented mailing claims supported reopening
Pinto Valley said it timely mailed contest forms for two assessments by certified mail and made partial payments for the uncontested penalties. The company did not have the return receipts, but submitted completed forms, payment records, and affidavits describing its reliable contest procedure. It…
Secretary of Labor v. Victory Rock Texas, LLC
Secretary of Labor v. Victory Rock Texas, LLC (FMSHRC CENT 2020-0105-M): Pro se operator received reopening despite filing delay
Victory Rock waited for the result of an MSHA conference and said it quickly returned its contest form, but it had no proof of mailing or delivery. After a delinquency notice, MSHA told the operator that no contest had been received and advised it to seek reopening. The pro se operator's motion…
Midwest Equipment Company
Four crane assembly violations affirmed
Midwest Equipment assembled a mobile crane for a cell-tower project when a 3,400-pound jib fell and seriously injured a crew member. The judge found that attaching the jib was crane assembly, not an uncovered setup activity. Midwest failed to follow the manufacturer's procedures by omitting a…
Secretary of Labor v. Marion County Coal Company
Secretary of Labor v. Marion County Coal Company (FMSHRC WEVA 2020-0178): Misdirected contest reopened
Marion County Coal sought to reopen a penalty assessment after mailing an amended contest notice with its penalty payment to MSHA's St. Louis payment office. The operator promptly sent the notice to the Civil Penalty Compliance Office after learning that the St. Louis office had not accepted it…
Secretary of Labor v. Raw Coal Mining Co., Inc.
Secretary of Labor v. Raw Coal Mining Co., Inc. (FMSHRC WEVA 2020-0162, WEVA 2020-0163): Late contests reopened
Raw Coal Mining sought to reopen two penalty assessments after its representative learned that contests mailed together by regular mail had not been recorded. The representative discovered the problem through a routine database search and filed the motions one week after the assessments became…
Secretary of Labor v. Victory Rock Texas, LLC
Secretary of Labor v. Victory Rock Texas, LLC (FMSHRC WEST 2020-0090 M): Confused contest reopened
Victory Rock Texas sought to reopen a penalty assessment after believing that it had successfully contested the citation. The operator said it later paid the penalty by mistake because it thought the amount belonged to another case. It supplied completed contest and remittance forms but no proof…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Secretary of Labor v. Warrior Met Coal Mining, LLC (FMSHRC SE 2020-0143, SE 2020-0144): Misrouted contests reopened
Warrior Met Coal Mining sought to reopen two penalty assessments after sending its contest notices to MSHA's St. Louis office instead of the Civil Penalty Compliance Office. The operator moved to reopen less than a month after MSHA sent delinquency notices. The Secretary did not oppose the requests…
Secretary of Labor v. American Sand Co. LLC
Secretary of Labor v. American Sand Co. LLC (FMSHRC SE 2019-0207): Address typo prevented default
American Sand appeared to default after it did not answer an ALJ show-cause order. The operator said it never received the order because the service address contained a typographical error, and the record had no proof of delivery. The Commission found that the unserved order did not create a final…
Secretary of Labor v. Peabody Southeast Mining, LLC
Secretary of Labor v. Peabody Southeast Mining, LLC (FMSHRC SE 2019-0075, SE 2019-0146): Three serious violations affirmed
Peabody operated the underground Shoal Creek Mine, where MSHA cited combustible accumulations in two belt areas and an alternate escapeway obstructed by holes, muck, and water. Judge Jacqueline Bulluck found that the belt conditions created fire and smoke hazards and that the escapeway could not…
Secretary of Labor v. Marfork Coal Company, LLC
Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2020-0195, WEVA 2020-0205, WEVA 2020-0206): Medical absence excused
Marfork Coal sought to reopen three penalty assessments after the employee responsible for contest notices unexpectedly missed work because of a medical issue. She discovered the missed deadlines when she returned and contacted counsel. The company filed its reopening motions within 30 days, and…
Secretary of Labor v. Meadows Stone & Paving, Inc.
Secretary of Labor v. Meadows Stone & Paving, Inc. (FMSHRC WEVA 2020-0057 M): Misaddressed contest excused
Meadows Stone asked the Commission to reopen a penalty assessment that became final after MSHA did not receive its contest. The company said it mailed the contest on time, but the Secretary's records showed it went with the penalty check to MSHA's St. Louis payment address instead of the Civil…
Secretary of Labor v. Mettiki Coal WV, LLC
Secretary of Labor v. Mettiki Coal WV, LLC (FMSHRC WEVA 2019-0392): Internal routing mistake excused
Mettiki Coal sought to reopen a penalty assessment after its new safety director sent the contest notice to the parent company instead of filing it with MSHA. The director assumed the parent company would forward the notice and did not know that it needed authorization to act for Mettiki. He…
Secretary of Labor v. Mountain Coal Company, LLC
Secretary of Labor v. Mountain Coal Company, LLC (FMSHRC WEST 2019-0339): Reopening motion withdrawn
Mountain Coal filed a motion asking the Commission to reopen this case. The company later asked to withdraw that motion. The Commission granted the withdrawal request and dismissed the case. The short official release does not identify the underlying assessment, any cited safety standard, or the…
Secretary of Labor v. Milestone Materials Division of Mathy Construction
Secretary of Labor v. Milestone Materials Division of Mathy Construction (FMSHRC LAKE 2019-0360): Late answer excused
Milestone Materials asked the Commission to reopen a penalty case after a show-cause order became a default order. Its attorney filed the answer one day late after returning from two weeks away from the office, and the Secretary did not oppose reopening. The Commission treated the internal delay as…
Secretary of Labor v. Mid-Illinois Quarry, LLC
Secretary of Labor v. Mid-Illinois Quarry, LLC (FMSHRC LAKE 2019-0256): Apparently mailed contest reopened
Mid-Illinois Quarry sought to reopen a penalty assessment after MSHA did not receive a contest notice that the operator said it had mailed on time. MSHA processed the uncontested payment sent from the same assessment a few days later, although the operator had no proof of mailing for the contest…
New River Electrical Corporation
Electrical deenergizing and grounding items affirmed
New River Electrical used multiple crews to replace underground distribution cable during a planned outage at a residential subdivision. After part of the system was reenergized, a crew moved cable at a transformer without proper testing, tagging, and grounding, which energized new cable being…
Secretary of Labor v. American Rock Salt Company
Secretary of Labor v. American Rock Salt Company (FMSHRC YORK 2019-0068 M): Unopposed reopening granted
American Rock Salt asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Barrick Cortez, Inc.
Secretary of Labor v. Barrick Cortez, Inc. (FMSHRC WEST 2020-0080 M): Unopposed reopening granted
Barrick Cortez asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Ames Construction, Inc.
Secretary of Labor v. Ames Construction, Inc. (FMSHRC WEST 2019-0353): Prompt reopening request granted
Ames Construction asked the Commission to reopen a penalty proceeding after a show-cause order became a default order. Ames said it never received the show-cause order and filed its reopening request six days after the answer deadline. The Secretary did not oppose reopening but asked the company to…
Secretary of Labor v. A-Positive Electric Co., Inc.
Secretary of Labor v. A-Positive Electric Co., Inc. (FMSHRC PENN 2019-0105): Returned response excused
A-Positive Electric asked the Commission to reopen a penalty proceeding after a show-cause order became a default order. The company said it responded to the show-cause order, but the response was returned because it was sent to an incorrect address. The Secretary did not oppose reopening but asked…
Secretary of Labor v. Arcelormittal Minorca Mine, Inc.
Secretary of Labor v. Arcelormittal Minorca Mine, Inc. (FMSHRC LAKE 2020-0006 M): Unopposed reopening granted
Arcelormittal Minorca Mine asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the…
Secretary of Labor v. Bedrock Quarry, LLC
Secretary of Labor v. Bedrock Quarry, LLC (FMSHRC CENT 2019-0270 M): Unopposed reopening granted
Bedrock Quarry asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
PetSmart, Inc.
Hearing ordered on whether citation service was proper
OSHA cited a PetSmart store for an allegedly ineffective rodent-extermination program and proposed a $5,432 penalty. The citation was sent by certified mail to the inspected Florida store, where an unidentified person signed for it, even though PetSmart's safety manager had earlier asked OSHA to…
D.R.T.G. Builders, LLC
Late contest dismissed for lack of excusable neglect
OSHA issued D.R.T.G. Builders a two-item serious citation with a proposed $10,608 penalty after inspecting a Houston worksite. Certified mail was unclaimed, so OSHA sent the citation by UPS to the same supplied business address, where it was delivered to the front door. D.R.T.G. later learned of…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2020-0150, WEVA 2020-0151): Vacation backlog excused
Rockwell Mining sought to reopen two penalty assessments after its safety manager returned from vacation to a work backlog. He forwarded the contest forms during the first week of November, but MSHA received them six days after the assessments became final. The Secretary did not oppose reopening…
NDC Construction Company
General contractor liable for subcontractor fall hazards
NDC Construction managed a large apartment project where framing and siding subcontractor employees worked on roofs and third-story balconies without fall protection. OSHA cited four instances involving falls ranging from more than six feet to more than 30 feet. The judge found NDC was a…
Secretary of Labor v. Bee B&B, LLC
Secretary of Labor v. Bee B&B, LLC, et al. (FMSHRC VA 2018-0142, KENT 2018-0276, KENT 2018-0327, KENT 2018-0334): Reopening conditioned on representation proof
A Blackjewel representative filed motions to reopen four defaulted penalty cases involving Bee B&B, Reliant Contracting, and Pasco Services. The filings did not explain his relationship to those operators or establish his authority to represent them. The Secretary did not oppose reopening, and the…
Secretary of Labor v. Blackjewel, LLC
Secretary of Labor v. Blackjewel, LLC (FMSHRC KENT 2018-0316, et al.): Employee departure excused
Blackjewel sought to reopen a group of penalty cases that defaulted after it failed to answer penalty petitions and show-cause orders. The company said the failures occurred after an employee abruptly left. Its representative learned of the defaults while working on a broader settlement and filed…
Secretary of Labor v. Stony Creek Quarry Corp.
Secretary of Labor v. Stony Creek Quarry Corp. (FMSHRC YORK 2019-0081): Unopposed reopening granted
Stony Creek Quarry asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Teck Alaska, Inc.
Secretary of Labor v. Teck Alaska, Inc. (FMSHRC WEST 2019-0446): Remote-delivery mistake excused
Teck Alaska sought to reopen a penalty assessment that became final before it reached the mine site. With the employee who normally routed assessments on leave, a summer intern placed the unopened envelope in a cargo basket. Regional weather and limited flights delayed delivery to the remote mine…
Secretary of Labor v. Aggregate Sand & Gravel, Inc.
Secretary of Labor v. Aggregate Sand & Gravel, Inc. (FMSHRC CENT 2020-0055): Misaddressed contest excused
Aggregate Sand & Gravel sought to reopen a penalty assessment after mailing its contest to the same address used for payment of uncontested penalties. The assessment instructions directed contests to Arlington, Virginia, and payments to St. Louis, Missouri. The Secretary did not oppose reopening…
Rieber Contracting, Inc.
Late contest dismissed because mail neglect was not excusable
Rieber Contracting, a commercial construction contractor, received a serious citation under 29 C.F.R. § 1926.416(a)(1) with a proposed $9,282 penalty. The citation was delivered by certified mail to the company's address, but its mail practice was to leave documents in a mixed household and…
Healy Tibbitts Builders, Inc.
Suspended-load standard preempted general duty citation
Healy Tibbitts performed marine construction for the Navy in Pearl Harbor using a crane mounted on one barge and employees working from an adjacent barge. A 12,000-pound suspended buoy separated from its capture plate, the backup sling broke, and the buoy traveled down the riser chain, killing two…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC (FMSHRC PENN 2019-0100): Two hoist safeguards vacated
MSHA issued two mine-specific safeguards concerning wear on a slope-hoist rope and supplies or debris beside the slope track at Consol's Bailey Mine. Judge John Kent Lewis found the first safeguard invalid because existing wire-rope standards already addressed the alleged hazard, and he also found…
Secretary of Labor v. Nugent Sand Company
Secretary of Labor v. Nugent Sand Company (FMSHRC KENT 2020-0039): Mine operator liable for utility equipment
Nugent Sand operated a Kentucky sand and gravel plant where one lightning arrestor protecting mine powerlines was inoperable. The arrestor and related high-voltage equipment belonged to Owen Electric Cooperative, which did not allow Nugent Sand to inspect or repair them. Judge Thomas McCarthy held…
Arch-Tech Construction
Default dismissal remanded for reconsideration during the pandemic
OSHA issued Arch-Tech Construction a two-item serious citation with proposed penalties totaling $7,956. An administrative law judge declared the company in default after it repeatedly missed telephone conferences, failed to answer the complaint, and did not respond to a show-cause order. In its…
Dover High Performance Plastics, Inc.
Machine-guarding citation narrowed to lathes and reduced to serious
Dover fabricated plastic parts on five computer-controlled lathes and two mills with their access doors open or removed. OSHA cited the company willfully under 29 C.F.R. § 1910.212(a)(1) and proposed a total $49,000 penalty for inadequate machine guarding. The Commission found exposure established…
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.