Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Gordon Construction Company
Excavation case remanded after employer-status ruling
Gordon Construction supplied a backhoe operator and two laborers to the North Little Rock Sewer Department for a sewer-line excavation through solid rock. The administrative law judge vacated the citations after finding that the municipal department, rather than Gordon, employed the workers. The…
Wheeling-Pittsburgh Steel Corporation
Duplicate inspection photographs ordered produced
During an OSHA inspection of Wheeling-Pittsburgh Steel's Ohio plant, the compliance officer and the company's safety officer took duplicate photographs of the observed conditions. OSHA's camera malfunctioned, so the Secretary subpoenaed the company's copies for use in the citation hearing. The…
Josten-Wilbert Vault Co.
Late notice of contest dismissed
OSHA issued three citations and a proposed penalty after inspecting Josten-Wilbert Vault's Lincoln, Nebraska, workplace. The company argued that its contest was late because OSHA sent the enforcement documents to the Nebraska plant instead of its corporate office in South Dakota. The record showed…
Henkels & McCoy, Incorporated
Safety-instruction citation remanded for hearing
Two Henkels & McCoy employees operated a 10-ton jack by standing on its lever despite the manufacturer's warning to stand clear, and one employee was fatally injured when the lever moved. OSHA cited the company for failing to instruct employees to recognize and avoid unsafe conditions, with a…
National Roofing of Sioux City, Inc.
Flat-roof citation vacated, chain-guard item affirmed
National Roofing employees applied tar near the edge of a flat school roof about 13 feet above the next level without guardrails, lifelines, or other fall protection. The Commission vacated the repeated citation under 29 C.F.R. § 1926.500(d)(1) because that standard did not apply to flat roofs. It…
Keystone Body Works
Paint-room citations affirmed in part
Keystone Body Works operated an automobile repair and spray-painting shop in Lubbock, Texas. OSHA alleged several combined fire and health hazards in the paint room, including inadequate ventilation, spraying near a heater, non-explosion-proof lighting, excess stored paint, and failure to use an…
Delsteel, Inc.
Direction for review vacated
The Commission vacated its direction for review in the Delsteel case by referring to Francisco Tower Service. The operative order does not identify the workplace facts, cited standards, proposed penalties, or individual citation items. Commissioner Moran's dissent states that the administrative law…
Seattle Stevedore Company
Direction for review vacated
The Commission vacated its direction for review in this Seattle Stevedore case by referring to Francisco Tower Service. The operative order does not describe the administrative law judge's decision or identify any workplace facts, cited standards, citation dispositions, or penalties. Commissioner…
Hayden Electric Services, Inc.
Balcony-guarding citation reinstated with a $100 penalty
Hayden Electric was an electrical subcontractor working in a 19-story building under construction. An employee installed a light fixture on an unguarded 16th-floor balcony while working about five to seven feet from the open edge. The Commission held that the employee was within the fall-hazard…
A.C. & S., Inc. et al.
Sears Tower reviews provisionally vacated
These sixteen cases arose from an extended OSHA inspection of contractors working on Chicago's Sears Tower. The Commission declined review in four cases whose employers had not sought or participated in review and severed Crescent Erection's general-duty case for a separate decision. For the…
Nat Martin, dba Mr. Martin
Direction for review vacated
The Commission vacated its direction for review in the case indexed for Nat Martin, doing business as Mr. Martin, by referring to Francisco Tower Service. The official text begins with a stray formatting fragment and does not include a complete case caption. The operative order also does not…
H. F. Hatcher & Son
Direction for review vacated
The Commission vacated its direction for review in the H. F. Hatcher & Son case by referring to Francisco Tower Service. The operative order does not describe the administrative law judge's decision or identify any workplace facts, cited standards, citation dispositions, or penalties. Commissioner…
Fruin-Colnon Corporation
Direction for review vacated
The Commission vacated its direction for review in the Fruin-Colnon case by referring to Francisco Tower Service. The operative order does not describe the administrative law judge's decision or identify any workplace facts, cited standards, citation dispositions, or penalties. Commissioner Moran…
Kelly Construction Services, Inc.
Elevator-shaft fall-protection citation reinstated
Kelly Construction installed elevator door frames as a subcontractor in a Boston high-rise. Two employees raised a 200-pound frame within about eighteen inches of an open elevator shaft on the 24th floor while wearing safety belts whose lanyards were not tied off. The administrative law judge found…
Francisco Tower Service, Inc.
Willful fixed-ladder citation and $1,200 penalty affirmed
Francisco Tower Service installed equipment on a 270-foot television transmission tower using a fixed ladder without a cage, landing platforms at twenty-foot intervals, or an installed ladder-safety device. Two employees began climbing the ladder, and one fell about 85 feet and died. The…
Underhill Construction Corp. and DIC Concrete, dba DIC Underhill, a Joint Venture
High-rise helmet and perimeter items expanded
DIC Underhill was the concrete subcontractor responsible for superstructures on a 47-building high-rise project. OSHA observed employees without helmets in areas exposed to impact and falling-object hazards, and employees working throughout five unguarded five-story buildings. The Commission held…
Robert T. Winzinger, Inc.
Excavation and backup-alarm items affirmed
Robert T. Winzinger performed work around a 10-foot-deep excavation in sandy, damp, partly backfilled soil near a heavily traveled road. Employees had entered the excavation, its walls were unsupported, and spoil piles up to 40 inches high sat directly at the edges. The Commission affirmed the…
Harrington Construction Corporation
Excluded soil testimony requires remand
Two Harrington employees worked in an unshored trench that was about 30 feet long, 30 inches wide, and between 6 and 6.5 feet deep. The judge excluded a compliance officer's observations that the soil was sticky, soft, wet, sandy, clay-like, and partly backfill because the officer was not qualified…
Vappi and Company, Inc.
Construction-manager safety items affirmed
Vappi served as construction manager for a new Faulkner Hospital building and coordinated numerous independent contractors. Although its employees performed no permanent construction, Vappi supplied carpenters for safety measures and temporary scaffolding, laborers for debris cleanup, and…
Vappi and Company, Inc.
Construction-manager safety items affirmed
Vappi served as construction manager for a new Faulkner Hospital building and coordinated numerous independent contractors. Although its employees performed no permanent construction, Vappi supplied carpenters for safety measures and temporary scaffolding, laborers for debris cleanup, and…
CTM, Inc.
Combined trench and spoil-pile violation affirmed
CTM excavated a 13-foot-deep sewer trench in Broken Arrow, Oklahoma, without shoring and with nearly vertical lower walls in soil of average stability. A ten-foot-high spoil pile containing large soil chunks sat three feet from the trench, where employees were working below. The Commission held…
The Gould-Mersereau Co., Inc.
Machine-guarding violations partly affirmed
Gould-Mersereau manufactured drapery hardware at a New York City plant where an inspection produced thirteen nonserious citation items. The judge affirmed machine-guarding violations involving feed rollers, a power-press pedal, and ten riveting machines, but vacated the portions involving a…
Dakota By-Products, Inc., formerly Sioux Falls Rendering Co.
Direction for review vacated
The Commission vacated its direction for review in the Dakota By-Products case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation disposition, or penalties. Commissioner Moran dissented, arguing that the majority could…
Francis Doom, dba Wagner Building Supply
Direction for review vacated
The Commission vacated its direction for review in the Wagner Building Supply 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 all…
American Building Company
Direction for review vacated
The Commission vacated its direction for review in the American Building 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 all…
John J. Orr & Sons, Inc.
Direction for review vacated
The Commission vacated its direction for review in the John J. Orr & Sons 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 all…
King James Virgin Construction Co.
Direction for review vacated
The Commission vacated its direction for review in the King James Virgin Construction 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…
Bob's Tools & Supply Co., Inc.
Direction for review vacated
The Commission vacated its direction for review in the Bob's Tools & Supply case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation result, or proposed penalties. Commissioner Moran dissented, arguing that the majority…
Las Vegas Painting & Drywall, Inc.
Direction for review vacated
The Commission vacated its direction for review in the Las Vegas Painting & Drywall case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation result, or proposed penalties. Commissioner Moran dissented, arguing that the…
Southern Stress Wire Corporation
Direction for review vacated
The Commission vacated its direction for review in the Southern Stress Wire case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation result, or proposed penalties. Commissioner Moran dissented, arguing that the majority…
A. A. Will Sand & Gravel Corp.
Conveyor-related construction citations vacated
A. A. Will delivered roofing gravel to a Boston construction site, where its driver released gravel into a conveyor hopper as workers needed it on the roof and occasionally adjusted the conveyor. The Commission held that these activities were more than mere delivery and were an integral part of…
Fraser Shipyards, Inc.
Tag-line violation affirmed after fatal plate drop
Fraser Shipyards used a crane to move two stacked steel plates, each weighing about 4,100 pounds, from a truck into a shed. An employee guided the load by hand without tag lines; the plates fell from the rigging and fatally crushed him. The Commission vacated the safe-rigging allegation but…
Enterprise Roofing & Sheet Metal Co.; Anning-Johnson Company; Frank Briscoe Company, Inc.; Tri-State Roofing & Sheet Metal Company, Inc.
Flat-roof guard citations vacated
Four employers were cited for failing to install perimeter guarding on flat roofs. Applying its Central City Roofing decision, the Commission held that section 1926.500(d)(1) did not apply to flat roofs and vacated the guard citations and their penalties in all four cases. Commissioner Cleary…
Kennecott Copper Corporation
Scaffold citations and $350 penalty vacated
A lead burner at Kennecott's smelter worked on a narrow, unguarded plank scaffold almost 12 feet above a concrete floor and climbed to it using a wooden beam and the ribs of a mist treater. The Commission vacated the guardrail item because the Secretary had changed the source consensus standard's…
Gulf & Western Food Products Co.
Delayed citations remanded for prejudice inquiry
Gulf & Western was cited after two truck accidents in which sugar-cane workers rode without seats and cane knives were not secured; several employees were injured and one died. The judge vacated both general-duty citations because OSHA issued them 36 and 26 days after beginning the respective…
M. M. Schranz Roofing & Building Supply Co., Inc.
Flat-roof railing item vacated
M. M. Schranz Roofing was cited for failing to install standard railings on a flat roof where its employees worked. Applying its divided Central City Roofing decision, the Commission held that section 1926.500(d)(1) did not apply to the flat roof. It reversed the judge and vacated citation item 2…
Sunbeam Corporation
Safety-shoe item affirmed, quench-tank item vacated
Employees in Sunbeam's die-casting department regularly carried metal ingots, castings with jagged edges, boxes, and pallets, and four of 72 employees had suffered foot injuries from dropped objects in about 18 months. The Commission held that this record required protective footwear and affirmed…
Keith L. Hoffie, dba H & H Pulpwood Co.
Direction for review vacated
The Commission vacated its direction for review in the H & H Pulpwood case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation result, or proposed penalties. Commissioner Moran dissented, arguing that the majority could…
Potlatch Corporation
Direction for review vacated
The Commission vacated its direction for review in these consolidated Potlatch cases by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, or citation dispositions. Commissioner Moran's dissent states that the judge assessed no…
The Grand Union Company
Directions for review vacated
The Commission vacated its directions for review in seven consolidated Grand Union cases 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…
Asbestos Textile Co., Inc.
Direction for review vacated
The Commission vacated its direction for review in the Asbestos Textile 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 all contested…
United Parcel Service, Inc.
Safety-toe protection citation affirmed
UPS operated a highly automated Columbus distribution center that processed about 150,000 packages each day. Roughly 325 sorters, belters, loaders, and unloaders handled packages weighing up to 50 pounds and were exposed when packages or conveyor rollers fell. UPS required solid leather shoes but…
Huber, Hunt & Nichols, Inc. and Blount Brothers Corporation, a Joint Venture
Superdome citations affirmed
The joint venture was general contractor for construction of the Louisiana Superdome, with about 350 employees and numerous subcontractors at the site. The Commission affirmed two serious citations and eighteen additional items covering perimeter and opening guards, personal protective equipment…
James L. Mills Painting Contractor, Inc.
Direction for review vacated
The Commission vacated its direction for review in the James L. Mills Painting case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation disposition, or penalties. Most of the release consists of attached historical…
Falcon Steel Co., Inc.
Direction for review vacated
The Commission vacated its direction for review in the Falcon Steel case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, or proposed penalties. Materials included in the release state that the judge had vacated all contested…
Sky-Hy Erectors & Equipment, Inc.
Direction for review vacated
The Commission vacated its direction for review in the Sky-Hy Erectors case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation disposition, or penalties. Most of the release consists of attached historical materials…
Eve, Inc.
Direction for review vacated
The Commission vacated its direction for review in the Eve case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation disposition, or penalties. Most of the release consists of attached historical materials about…
Jack Conie & Sons Corporation
Trench citation vacated for issuance delay
An employee worked in a 14-foot-deep trench dug in soft material without the sloping required by the trench standard. OSHA inspected on October 11, 1973, but did not issue the citation until 125 days later because the area director repeatedly sought approval to characterize the violation as…
Sletten Construction Company
Fall-protection citation and $700 penalty affirmed
During bridge demolition in Superior, Montana, a Sletten employee worked without a safety harness on a steel beam only nine inches wide and about 34 feet above the river. The judge affirmed a serious personal-protective-equipment citation and assessed a $700 penalty. Neither party sought review…
Florida Power Corporation
Direction for review vacated
The Commission vacated its direction for review in the Florida Power 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 all contested…
Atlantic Sugar Association
Standing-worker transport case remanded
Atlantic Sugar transported field workers standing in trucks that lacked adequate seating or substantial rear barriers. The judge dismissed the serious general-duty citation at the close of OSHA's evidence, finding insufficient proof that the practice was a recognized hazard. The Commission held…
S. S. C. Corporation
Unsupported-wall hazard and $550 penalty affirmed
S. S. C. excavated a utility trench about 11 feet from an unsupported masonry wall that was 8 to 11 feet high. The ground was wet, soft fill, and an 18.5-ton backhoe straddled the trench end and transmitted vibration through the soil. The wall collapsed into the trench, injuring two employees and…
C. N. Stemper Company, Inc.
Direction for review vacated
The Commission vacated its direction for review in the C. N. Stemper case by referring to Francisco Tower Service. The appended judge's decision had vacated an exit item because the food warehouse had several usable means of egress and its size, occupancy, and arrangement did not create the alleged…
Travenol Alaska Laboratories, Inc., Travenol New Hampshire Laboratories, Inc.
Directions for review vacated
The Commission vacated its directions for review in the two Travenol Laboratories cases by referring to Francisco Tower Service. The official release does not identify the underlying safety standards, workplace facts, or proposed penalties. Commissioner Moran dissented, arguing that canceling…
James Baker, d/b/a Baker Roofing & Sheet Metal Co.
Direction for review vacated
The Commission vacated its direction for review in the Baker Roofing & Sheet Metal case by referring to Francisco Tower Service. The official release does not identify the underlying safety standards, workplace facts, or proposed penalties. Commissioner Moran dissented, arguing that canceling…
Bay Iron Works, Inc.
Direction for review vacated
The Commission vacated its direction for review in the Bay Iron Works case by referring to Francisco Tower Service. The official release does not identify the underlying standards, workplace facts, citation result, or proposed penalties. Commissioner Moran dissented, arguing that the majority could…
J.A. McCarthy, Inc
Hardhat violations reduced to nonserious with no penalties
J.A. McCarthy conducted longshoring operations in Philadelphia and supplied hardhats, but many employees refused to wear them. The Commission held that urging employees to comply without using available disciplinary measures did not satisfy the longshoring hardhat standard. It reversed the judge's…
George T. Gerhardt Company, Inc.
Failure-to-correct penalties reduced to $300
George T. Gerhardt Company was a small sheet-metal manufacturer cited for unguarded belts and pulleys, unguarded machinery, and a spliced electrical cord. It did not contest the original citation, and a reinspection found the three conditions had not been corrected within the stated abatement…
Anchor Construction Co.
Amended trench citation affirmed with a $400 penalty
Anchor Construction employees worked in an 11-foot-deep trench dug in clay soil with water entering it. Evidence showed sloughing at the bottom, a cracked wall, and soil that would not support weight without extra protection. The Commission allowed the Secretary to replace the originally cited…
Ringland-Johnson, Inc.
Fall-hazard citations affirmed with $605 in penalties
Ringland-Johnson employees poured concrete while standing on planks laid across a scaffold inside a circular concrete structure. Gaps between the planks were 30 to 40 inches wide, and employees could fall 19.5 feet; an elevated runway also lacked guardrails, and the scaffold had no ladder or…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.