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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Todd Shipyards Corp.
Three repeated ship-repair violations affirmed
Todd Shipyards was repairing the S/S OREGON MAIL when OSHA found an unguarded manhole, an obstructed passageway, and an employee working from a scaffold railing without fall protection. The judge found repeated violations of the manhole, housekeeping, and elevated-work standards because earlier…
Underhill Construction Corp.
Open-floor fall hazard affirmed for $700
Underhill Construction employees stripped concrete forms near unguarded perimeters on the 18th through 20th floors of a New York apartment project. The judge vacated the citation because contract negotiations began before the effective dates stated in a Construction Safety Act provision. The…
Dayton Tire & Rubber Co.
Recordkeeping duty covered supplied warehouse workers
Dayton operated a tire warehouse using about 65 workers supplied and paid by Manpower, Inc. Dayton selected the workers, trained and equipped them, controlled their schedules and assignments, supervised them, and could discipline or remove them. The Commission held that economic reality made Dayton…
California Rotogravure Co.
Storage-roof violation affirmed without penalty
California Rotogravure operated a printing plant where employees occasionally climbed onto an unguarded office roof to handle stored materials. The Commission held that the roof became a working platform when employees used it and affirmed the guardrail violation without a penalty. It vacated a…
A. B. Hall, d/b/a Dixie Roofing & Metal Co.
Roof citations reduced to nonserious
Dixie Roofing employees installed roofing around 12 unguarded openings and along unguarded edges about 15 to 16 feet above lower surfaces. They also used an unsecured wooden ladder several times each day to reach the roof. The judge affirmed all three violations but reduced the roof-opening and…
Badger Aluminum Extrusion Corp.
Acid-tank platform penalty restored
Badger Aluminum used an unguarded platform above a tank containing a five-foot depth of 15 percent sulfuric acid solution. An employee worked on the platform, creating a risk of falling into the tank. The judge affirmed a nonserious guardrail violation but vacated the proposed penalty because the…
Pratt & Whitney Aircraft, A Div. of United Aircraft Corp.
Loading-area general-duty citation vacated
Pratt & Whitney loaded tractor-trailers on a service road near a remote storage building, using forklifts for about 30 minutes at a time. Traffic was infrequent, moved slowly, and consisted mainly of company vehicles, while the forklifts and trucks used warning lights and employees followed safety…
Uriel G. Ashworth
Masonry-wall shoring citation vacated
Ashworth was the masonry subcontractor on a school project where tall block walls remained unbraced before the roof trusses were installed. One wall collapsed during a weekend, and a second wall later collapsed, killing one worker and injuring several others. OSHA cited the masonry contractor under…
Marine Terminals Corp.
Posted settlement approved without separate service proof
Marine Terminals contested only the two $125 penalties associated with its citation, so the citation itself had already become final. The parties agreed that OSHA would withdraw one proposed penalty and the employer would withdraw its contest to the other. The settlement was posted at the worksite…
Deemer Steel Casting Co.
Grinding-dust abatement stayed for variance review
Deemer Steel used portable grinders to clean castings without hoods or enclosures connected to an exhaust system. The parties agreed that no workable system had been arranged for the varied work positions, and the company began requiring respirators after the citation. The Commission affirmed the…
St. Regis Paper Co.
Noise-abatement extension affirmed after employee notice
St. Regis sought additional time to correct employee noise exposures at its Bucksport, Maine, facility. The judge granted an extension from August 6, 1974, to March 1, 1983, following the timetable in the company's hazard profile study. OSHA did not object and stated that the company had made a…
Structural Steel Erectors, Inc., d/b/a Pecosteel-Arizona
Serious skylight violation affirmed
Pecosteel installed a metal roof with four plastic skylight panels that could not support a 200-pound person. The job foreman initially kept the skylights covered with metal sheets but removed those sheets when other roofing material failed to arrive. The next morning the foreman fell through an…
Traders Oil Mill Co.
Raw-cotton-dust items vacated on summary judgment
OSHA cited Traders Oil Mill for failing to control alleged excessive concentrations of raw cotton dust. The plant superintendent submitted an affidavit stating that the facility processed only cottonseed and did not procure, process, or otherwise handle raw cotton. OSHA did not file a…
James Tice, d/b/a Tice Industries
Swing-saw citation split, penalty cut to $50
Tice Industries used a metal swing saw that could extend beyond the workbench and had a blade guarded only on its upper half. The employer's informal answer timely challenged the allegation that the saw's overtravel exposed the operator's body, and the Commission found OSHA had not proved that…
Peter Bratti Associates, Inc. & D'Adderio Construction Co., Inc.
Cylinder and fire-protection citations vacated
Bratti performed stonework and D'Adderio performed brickwork on a 15-story construction project where compressed-gas cylinders were found lying on their sides without valve caps. OSHA also alleged that required fire extinguishers were missing. The judge found insufficient evidence that either…
Martin Iron Works, Inc.
Crane inspection violations added without penalties
Martin Iron Works used a crane beyond the manufacturer's rated lifting radius and capacity during structural steel erection at a Nevada casino project. The judge affirmed that serious violation for $850, along with an inadequate ladder for $55, unsecured gas cylinders for $55, and an improperly…
Weicker Transfer & Storage Co.
Crane lessor remained employer of leased crew
Weicker leased a crane, operator, and oiler to a construction contractor under an agreement placing the crew under the contractor's exclusive supervision and control. The operator and oiler still reported to Weicker, punched its time clock, were paid by it, considered themselves its employees, and…
Edgewood Construction Co.
Gas-detection general-duty violation affirmed
Edgewood installed a sewer beside a corroded natural-gas line that leaked repeatedly during the project. Employees relied on odor and waited 15 minutes for ventilation before entering the sewer, but the company did not use gas-detection instruments or change its ventilation methods. Gas accumulated…
Murphy Pacific Marine Salvage Co.
Eye-protection violation affirmed for $25
An individual at Murphy Pacific's Staten Island yard used an air hose to clean an engine without protective goggles. When OSHA pointed out the condition, the foreman stopped the work and the individual retrieved goggles from his locker before resuming. The Commission inferred from the…
McGuire & Hester
Trench and spoil-pile violations affirmed
McGuire & Hester reopened a trench to reposition a water line beneath a gas main. An employee worked in a section more than five feet deep that lacked adequate shoring or compliant sloping, while traffic and heavy equipment operated nearby. Excavated soil three to four feet high was also piled…
Norfolk & Western Railway Co.
Poster item affirmed, recordkeeping items vacated
Norfolk & Western operated a railroad switching and maintenance yard in Bellevue, Ohio. OSHA cited it for failing to post the required employee-rights notice and for failing to maintain the injury log, supplementary record, and annual summary. The Commission affirmed the poster citation and its $50…
Chamberlain Manufacturing Corp.
Nine violations affirmed, penalties set at $1,292.50
Chamberlain operated an Iowa manufacturing plant producing ammunition components, appliance shelving, and aluminum ladders. The judge affirmed nine nonserious items involving damaged hoist ropes and a distorted hook, missing electrical covers, excessive compressed-air pressure, emergency washing…
Heede International, Inc.
Serious wire-rope clip violation affirmed
Heede directed the dismantling of a climbing crane inside a building under construction in Puerto Rico. A 7/8-inch wire-rope sling used in the operation was formed with three U-bolt clips, while the applicable table required four. The judge found that Heede controlled the crane operation and the…
A. G. Pinkston Co., Inc.
Serious trench penalty reduced to $250
Pinkston employees worked in a trench about seven feet deep without adequate shoring or sloping. The soil was cohesive clay, but it was not solid rock or another material exempt from the trench-protection requirement, and some soil had already sloughed from the side. The judge found a serious…
Allied Structural Steel Co.
Bridge fall-protection violations affirmed
Allied Structural Steel employees worked on a Mississippi River bridge at elevations about 80 feet above a concrete deck and 100 feet above the water. Several employees lacked safety nets, belts, scaffolds, catch platforms, or comparable fall protection, and employees moved between elevations by…
Langer Roofing & Sheet Metal, Inc.
Flat-roof edge violation affirmed
Langer employees worked on an unguarded flat roof more than six feet above the adjacent level. The Commission held that the open-sided-floor standard applied to flat roofs and affirmed that nonserious violation with a $55 penalty. A separate four-foot-square opening was covered by an unfastened…
Godwin-Bevers Co., Inc.
General-duty citation vacated because crane standard applied
Godwin-Bevers directed a leased crane and rigging crew while erecting precast concrete units beneath a 7,620-volt power line. A crane cable contacted the line, killing the contractor's foreman and injuring another employee and the crane lessor's oiler. OSHA cited Godwin-Bevers under the general…
State Contracting Co., Inc.
Hard-hat item affirmed, trench penalties reduced
Two State Contracting employees worked in a deep trench that lacked required shoring or sloping, had no ladder for exit, and exposed them to falling material without hard hats. The employer had supplied hard hats and required their use, but the parties tried whether the employees actually wore…
E. C. Ernst, Inc.
Delayed hard-hat item vacated, housekeeping affirmed
OSHA inspected Ernst's electrical work at a multi-employer construction site and issued a citation 69 days later. The hard-hat item involved an employee who left Ernst before the citation issued and could not later be located. The Commission affirmed vacation of that item because the delay…
Gelhaar Uniform Co.
Needle-guard violation affirmed, exit item vacated
Gelhaar manufactured uniforms using dozens of powered sewing machines without point-of-operation needle guards. The Commission affirmed that violation and its $30 penalty because the exposed needles could puncture operators and employee resistance did not excuse missing guards. It vacated a…
Abdo S. Allen Co.
Demolition, posting, and recordkeeping allegations vacated
A front-end loader operator was killed when he drove onto an underground tunnel roof despite repeated instructions and warnings to avoid it. The Commission affirmed the judge's order vacating every allegation. The employer could not reasonably have anticipated the experienced operator's conduct…
Safeway Stores, Inc.
Wheel-blocking violations affirmed before reconsideration
Safeway routinely loaded and unloaded semitrailers at three distribution facilities without wheel chocks or blocks. The Commission affirmed three violations of the truck-operations standard and penalties totaling $110. It vacated the parallel allegations under a second powered-industrial-truck…
Chicago Bridge & Iron Co.
Electrical and passageway items affirmed
Chicago Bridge & Iron was one of many contractors building nuclear-reactor containment vessels. OSHA cited improper attachment plugs, unguarded temporary bulbs, temporary lights suspended by unsuitable cords, 110-volt portable lighting in moist metal vessels, and hoses and cables obstructing…
Charles A. Davison & Margaret S. Davison, dba Davison Wood Products
Machine-guarding items affirmed without penalties
OSHA cited a small woodworking business for unguarded sanding machines, a jointer, saw belts and pulleys, and a rip saw, along with alleged electrical, spray-booth ventilation, and first-aid violations. The judge affirmed the four machine-guarding items without penalties. He vacated the electrical…
Shaffer Construction & Engineering Co.
Fatal trenching violations affirmed
Eight employees worked in an approximately eight-foot-deep trench cut into soft, wet, unstable soil near highway and railroad traffic. The walls were almost vertical, had no shoring or bracing, and one wall collapsed and killed an employee. The Commission affirmed a serious violation of the…
Anheuser-Busch, Inc.
Forklift overhead-guard citation vacated
Anheuser-Busch operated 17 forklifts without overhead guards in brewery aisles bordered by stacked cans, bottles, kegs, and pallets. The judge found that the employer restricted those forklifts to operations without a foreseeable falling-object danger and that its stacking and handling practices…
J.M. Roofing Co.
Fatal crane power-line violation affirmed
A crane lowering roofing equipment contacted an energized 4,800-volt power line and electrocuted an employee. The foreman knew the crane was operating in the narrow area between the building and the line but took no effective action to maintain the required ten-foot clearance. The Commission…
West Allis Lime and Cement Company
Reverse-alarm citation vacated
A ready-mix concrete truck backed approximately 650 feet through a construction site without a reverse alarm or observer. The judge held that the truck driver's work was construction activity covered by the cited standard, but vacated because OSHA did not prove that the truck's rear view was…
Frozen Fruit Concentrates, Inc.
Forklift overhead-guard violation affirmed
A forklift operator removed a damaged overhead guard and used the truck for about six hours to stack cartons of frozen juice as high as 11 feet 3 inches. His supervisor saw the unguarded truck in operation. The Commission affirmed a serious violation because cartons stacked above the operator could…
Spring Air Mattress Co. of Colorado
Cotton-dust citation vacated for inconclusive sampling
Spring Air Mattress processed cotton linters into batting in a garnetting room where visible dust settled on employees and machinery. OSHA sampled two employees for about three and a half hours and calculated total dust concentrations of 3.15 and 2.90 milligrams per cubic meter, above the…
D. Fortunato, Inc.
Failure-to-abate notice vacated as premature
D. Fortunato did not contest a serious citation alleging missing scaffold guardrails and paid its $550 penalty. The citation was received on January 15 and required immediate abatement. OSHA reinspected the next day, found the condition uncorrected, and issued a failure-to-abate notice with an…
Atlantic Dry Dock Corporation and Atlantic Marine, Inc.
Late contest dismissed
Atlantic Dry Dock and Atlantic Marine settled an earlier citation case that required abatement of specified conditions. OSHA later issued a failure-to-abate notification with $7,982 in additional penalties. The companies did not file their notice of contest within the statutory 15-working-day…
Penn Central Transportation Company
Untimely railroad citations remained final
OSHA cited Penn Central for unsafe track conditions and multiple shop, office, electrical, housekeeping, and recordkeeping conditions at a Virginia rail yard. Penn Central did not timely contest the original citations, so the Commission held that they became final by operation of law and the…
Limbach Company, Inc.
Scaffold-base violation affirmed without penalty
Two employees worked from a tubular welded scaffold positioned over a seventh-floor shaft. The scaffold had originally been mobile, but its rear casters were removed and the rear legs were placed directly on a secured plank instead of adjustable or plain bases. The judge held that removing the…
Clarkson Construction Company
Subcontractor dump-truck violation affirmed
A subcontractor's dump truck backed along a highway-construction work area without a reverse alarm or an observer and fatally injured a Clarkson flagman. Clarkson directed where the subcontractor's trucks loaded and unloaded, controlled their operation within the project, and used them in its work…
Larry D. Mack, General Contractor
Three construction items affirmed without penalties
OSHA cited six conditions at a small construction project. The judge affirmed a technical open-wiring violation because a partially covered energized panel remained accessible, a stair-railing violation because carpenters were using the stairs, and a fire-extinguisher violation because travel…
Southern Railway Company
Nine repair-shop items affirmed
OSHA cited ten conditions at Southern Railway's Spartanburg maintenance and repair facility, including spray-area lighting, welding-fume exposure, sanitation, fixed ladders, scaffolds, and welding-screen protection. The Commission rejected the railroad's claim that Department of Transportation…
Union Pacific Railroad Company
Five repair-shop items affirmed
OSHA cited eight conditions in Union Pacific's Cheyenne machine and wheel shops. The Commission affirmed five items involving missing crane load markings, uncaged access ladders, absent crane inspections, uninspected fire extinguishers, and missing extinguisher maintenance tags, with $295 in…
Illinois Terminal Railroad Company
Floor-opening item affirmed, recordkeeping item vacated
Illinois Terminal left a 10-to-12-foot-deep diesel-shop floor opening guarded only by a thin cloth rope, with reinforcing rods extending upward from the pit. The railroad admitted the condition, and the Commission affirmed the floor-opening violation and its $90 penalty because the Department of…
Union Pacific Railroad Company
Railroad office fire-safety items affirmed
OSHA cited Union Pacific's Pocatello yard office for using unsuitable fire protection around energized equipment, failing to mark exits and misleading doors, and obscuring a carbon-dioxide extinguisher behind a partition. The railroad did not rebut the conditions but argued that Federal Railroad…
Tolar Construction Company
Masonry-wall collapse violation affirmed
Tolar constructed a concrete-block wall approximately 20 to 30 feet high without pilasters and with inadequate temporary bracing. A strong wind collapsed the wall while employees were working nearby, and blocks landed as far as 200 to 300 feet from its base. The Commission affirmed a serious…
Union Railroad Company
Aerial-lift fall-protection violation affirmed
Eight Union Railroad employees used an aerial lift to spray-paint the underside of a bridge about 30 feet above lower surfaces. None wore a body belt with a lanyard attached to the boom or basket, and one employee fell from the basket and died. The railroad stipulated that the condition was likely…
A & W Drill Rentals and Leroy Crandall and Associates
Power-line citations vacated
A & W operated a truck-mounted soil-drilling rig near energized overhead lines while working for Leroy Crandall and Associates. The experienced A & W foreman knew the line was present, but raised the boom into it and an A & W employee handling a guy line was electrocuted. The judge found that A & W…
National Cleaning Contractors, Inc.
Elevator-shaft hazard violation affirmed
A cleaning employee was instructed to use tools to trip an elevator hoistway door's emergency release. He was not warned that the elevator car might be absent, opened the door, stepped into the shaft, and fell 23 feet, sustaining injuries that required hospitalization. The supervisor had taught the…
Chicago Bridge and Iron Company
Fall-protection and scaffold items affirmed
Two employees worked 19 and 29 feet above ground on penetration tubes and unsecured planks without tying off, with exposed reinforcing steel below. The Commission affirmed the serious personal-protective-equipment violation and an increased $850 penalty because supervisors could have discovered the…
Fulton Instrument Company
Mercury-vapor citation reclassified
Fulton manufactured clinical thermometers and exposed employees to mercury-vapor concentrations above the standard's allowable ceiling. The judge upheld the mercury standard as a valid national consensus standard and found the inspection lawful. He reclassified the citation from serious to…
John W. McGrath Corporation
Omitted hard-hat item remained final
McGrath's notice of contest expressly challenged citation items 2 and 3 but omitted item 1, which alleged that longshore employees lacked required protective hats. At the hearing, McGrath said the omission was a typographical error and sought to defend item 1 while withdrawing its contest to the…
Johns Manville Sales Corporation
Housekeeping and fire-protection items affirmed
Johns Manville employees worked on a construction floor containing scrap lumber with protruding nails, combustible debris, and inadequate fire-protection coverage. The judge affirmed one housekeeping item for $30 and held that two additional debris and container allegations merged into that same…
Southern Pacific Transportation Company
Railroad shop items affirmed, recordkeeping item vacated
Southern Pacific Transportation Company operated a railroad shop facility in Houston, Texas. It admitted that it had not displayed the required OSHA poster, maintained the required injury and illness log, kept a monthly signed inspection report for crane hoist attachments, or marked each…
Koppers Co., Inc.
Coke-oven citation dispute remanded for a hearing
OSHA cited Koppers Co., Inc. over employee exposure to coal tar pitch volatiles during coke-oven operations and over respirator protection. The alleged serious violation concerned the absence of feasible engineering or administrative controls and protective measures for a shift foreman and pusher…
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.