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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Everclear Enterprises, Inc.
High-rise window-washing citations vacated
Everclear employees washed high-rise windows while connected to independent fall-restraint or fall-arrest systems. OSHA alleged that workers had to secure themselves within the seatboard before suspension and that ropes needed specific permanent markings. The judge found that the seatboard and…
Progressive Interest, Inc.
Late contest dismissed over mail-handling failure
Progressive Interest received an OSHA citation while the employee responsible for mail was outside the country. Its backup employee signed for the certified mail and left it unopened on the responsible employee's desk, following the company's existing procedure. The employee returned two days…
Georgia Power Company
Existing-conditions citation vacated after line-repair fatality
A Georgia Power crew responded to repair a 7,200-volt distribution line downed during a thunderstorm. The line later moved close to an energized jumper, became energized, and a journeyman lineman was electrocuted. The cited standard required a reasonable evaluation of existing safety conditions…
Digco Utility Construction
Repeat excavation items vacated
Digco excavated to locate a gas line when an OSHA officer saw the top of a worker's hard hat from the road. By the time the officer reached the site, the foreman had deepened the excavation to 6½ feet, but no employee was inside it. The judge credited testimony that the worker had entered only…
Hayward Baker, Inc.
Drill pinch-point and training items affirmed
Hayward Baker employees loaded steel casing onto a drill shaft while installing soil nails for a retaining wall. When a casing was difficult to align, the shaft moved as an employee handled it, catching and crushing his hand at an unguarded pinch point. The judge found that moving the shaft while…
AIC Marianas, Inc.
Raised bucket and worn tire items affirmed
AIC Marianas replaced a water line beside a roadway in Saipan. A parked backhoe had its rear bucket suspended above the ground without adequate blocking, leaving nearby workers exposed if the hydraulic system failed. A dump truck also had an outer rear tire with no tread and visible cracking, and…
Teddy Mosley Painting
Roof fall-protection and ladder items affirmed
Teddy Mosley Painting employees performed roofing work on a steep roof almost eight feet above the ground without fall protection. The ladders did not reach the roof edge or extend three feet above it, and the foreman descended by stepping on the top step while facing away from the ladder. The…
Brocato Construction, Inc.
Trench citations affirmed by default
OSHA cited Brocato Construction at two Mississippi worksites for employees working in excavations without cave-in protection and, at one site, without safe egress. The company timely contested but did not answer discovery, attend scheduled conferences, respond to orders, claim certified mail, or…
Hubbard Construction
Repeat trench cave-in item affirmed
Hubbard Construction installed storm-water pipe in a trench beside a heavily traveled highway. After the crew encountered a utility line, the foreman removed the trench box and directed two employees to work for several minutes in a six-foot-deep Type C excavation with slopes steeper than…
Manson Mowat, A Joint Venture
Barge hoist citation vacated after fatal equipment failure
Manson Mowat used a three-drum hoist to raise and lower the heavy spuds that held a construction barge in place. A ratchet wheel broke apart while a spud was being lowered, striking and killing the operator. OSHA alleged that the middle drum improperly lacked an automatic pawl release and that an…
Cranesville Block Co.
Review withdrawn and judge's ruling made final
The judge decided three consolidated dockets involving related Cranesville companies. The Secretary petitioned for Commission review only of issues in two companion dockets, not docket 10-0447. The Commission therefore severed 10-0447 and vacated its direction for review of that case. The judge's…
Monroe Drywall Construction, Inc.
Employer finding reversed and citations remanded
A drywall worker was electrocuted after contacting exposed wiring at a retail-store renovation. The judge vacated the citations because he found OSHA had not proved that Monroe Drywall employed the workers performing the drywall work. The Commission held that the judge improperly discounted worker…
Otis Elevator Company
Lockout coordination item affirmed
An Otis mechanic injured his hand while unjamming a freight-elevator gate at a department store. The Commission held that the lockout/tagout standard applied because the jammed gate stored gravitational energy that could release unexpectedly during servicing, even though the mechanic expected the…
Greenwood Industries, Inc.
Hoist-area fall citation vacated
Greenwood employees handed sheet metal from the ground to coworkers on an approximately 11-foot-high roof. One worker fell while walking back toward the roof edge. The judge found that the cited hoist-area standard did not apply because the crew used no crane, winch, or other mechanical lifting…
Mike Neri Sewer & Water Contractor
Trench violations affirmed with $5,000 penalty
Mike Neri Sewer & Water Contractor excavated a trench for water and sewer work. An employee entered the 5.6-foot-deep trench without a ladder, cave-in protection, or the required setback between the spoil pile and trench edge. The judge credited the compliance officer's testimony and photographs…
AR Medical LLC d/b/a San Pablo Medical Clinic
Late contest dismissed
OSHA cited San Pablo Medical Clinic for three serious violations and one other-than-serious violation after inspecting its Dalton, Georgia facility. The clinic received the citations on April 27, 2012, but did not file its notice of contest until September 6, 2012. In response to an order to show…
D & A Construction
Soap item vacated, paint safety-data item affirmed
D & A Construction employees performed touch-up painting during airport renovations in Saipan. OSHA cited the company because the nearest restroom's soap dispenser was empty and the worksite lacked the correct material safety data sheet for the industrial enamel paint in use. The judge vacated the…
Jesco, Inc.
Aerial-lift modification item narrowed to clamped beam
Jesco used an aerial lift to move 31-foot, 325-pound ceiling beams at an industrial facility. It secured the first beam to the basket's guardrails with vise clamps, then moved ten later beams by resting them on the guardrails without clamps. The Commission held that the field-modification standard…
D.W. Caldwell, Inc.
Steep-roof fall violation affirmed as serious
D.W. Caldwell employees installed metal panels on a steep roof with an eave 32 feet above the ground. The crew wore harnesses but, with one temporary exception, did not connect them to anchor points, and the foreman knowingly allowed the practice after the general contractor warned him the previous…
Eller-ITO Stevedoring Company, LLC
Ro-Ro struck-by item affirmed
Eller-ITO assigned a longshore gang to unload chassis-mounted cargo containers from a ship at the Port of Miami. A lasher and team leader was struck by a container after signaling the mule operator to move while a rear securing chain remained attached and he was positioned in a narrow walkway…
Mast Climber Manufacturing, Inc., d/b/a American Mast Climbers
Scaffold items split, design violation willful
Mast Climber Manufacturing erected and serviced a mast-climbing work platform on a 21-story construction project. Four contractor employees fell when one side of the platform collapsed, and three died. The judge held that the system was a scaffold, not an aerial lift, because it was not…
Boh Brothers Construction Company, LLC
Rescue-skiff and crane-operation items affirmed
Boh Brothers was constructing bridges over Lake Pontchartrain when a crane tipped on the sloped bridge deck. The operator fell into the lake and later died from his injuries. The Commission held that the company's rescue system could not be expected to reach a worker within the three-to-four-minute…
Cleveland Wrecking Company
Falling-debris case remanded
Cleveland Wrecking was demolishing high-rise buildings in Dallas when a bobcat struck a buried steel beam and dislodged part of an exterior wall. The debris fell into a pit and killed a truck driver and a flagger employed by other companies. The Commission set aside the judge's willful findings and…
Roberts Sand Company, LLLP
Clay-pit highwall violation affirmed
Roberts Sand Company operated an intermittent clay pit with a nearly vertical highwall more than 20 feet high. An equipment operator was working near the wall when it collapsed onto the excavator cab, causing his death. The judge found a recognized collapse hazard and concluded that feasible…
Permabond Construction, Inc.
Default order remanded for review of letters
An administrative law judge entered default against Permabond after it missed a conference call, filed a late notice of contest, and appeared not to respond to an order to show cause. Before the decision was docketed, however, Permabond's pro se representative faxed the judge a letter explaining…
Bryan Martin, d/b/a Terra Reclamation
Demolition fall and survey items affirmed
Terra Reclamation was demolishing a three-story building in New Holland, Pennsylvania. Two workers used an aerial lift about 28 feet high without lanyards or harnesses, and other workers performed demolition near an unprotected upper-floor edge without fall protection. The company also began…
Federal Construction Group
Disqualification motion denied
The Commission remanded the case for the judge to consider Federal Construction Group's motion seeking his disqualification. The company alleged improper ex parte contact because the judge ate lunch with an OSHA compliance officer and the court reporter during the hearing. The judge found that the…
JP Gallagher Electric
Late electrical-citation contest dismissed
OSHA issued JP Gallagher Electric a serious citation with a proposed $2,400 penalty for electrical work on a circuit that was allegedly not locked out or otherwise made inoperative. The company received the citation on October 7, 2011, but did not file its notice of contest by the October 31…
Redline Pipeline, LLC
Trench items affirmed, water and asbestos items vacated
Redline Pipeline was the general contractor for replacement of water lines that likely contained asbestos. Two subcontractor employees entered a roughly 9-to-10-foot-deep trench after its protective box had been removed, although the previously disturbed Type B soil was not properly sloped. The…
Neupauer Masonry, Inc.
Default remanded over unlicensed representative
An administrative law judge dismissed Neupauer Masonry's contest after the company failed to answer the Secretary's complaint or respond to an order to show cause. The default order affirmed three citations and $43,560 in proposed penalties. On review, Neupauer said it had hired Julio Vargas for…
Artemio Gonzalez Exteriors
Citation affirmed after the employer defaulted
Artemio Gonzalez Exteriors did not file an answer to the Secretary of Labor's complaint. The judge issued an order requiring the employer to explain why it should not be declared in default, but the certified mailing was returned unclaimed and unable to forward. The judge found that the employer…
K.E.R. Enterprises, Inc., d/b/a Armadillo Underground
Pipe-explosion citation vacated for lack of a recognized hazard
Armadillo Underground installed water-line piping and pressure-tested a completed section while workers tightened bolts to stop a small leak. The pipe exploded, breaking the foreman's legs and causing minor lacerations to three other workers. OSHA alleged that tightening the bolts while the pipe…
KyKenKee, Inc.
Settlement approved after sawmill guarding decision
KyKenKee operated an Alabama sawmill where a worker was fatally struck by a log that fell from a debarker conveyor. An administrative law judge found that the company should have fenced or posted the hazardous area around the ring barker and its conveyors. The judge reduced the violation from…
All American Concrete, Inc.
One excavation citation vacated and one affirmed as serious
All American Concrete was upgrading a storm-water system when an excavator bucket rolled into an excavation and broke an employee's ankle. OSHA cited the contractor for materials or equipment near the excavation edge and for inadequate cave-in protection. The judge vacated the falling-materials…
Lucky Plastering Corporation
Late scaffold contest dismissed
OSHA cited Lucky Plastering for four scaffold violations at a Florida construction site and proposed $12,000 in penalties. The company filed its notice of contest more than seven weeks after the 15-working-day deadline. Its president cited a family emergency, difficulty reading English, reduced…
Custom Built Marine Construction, Inc.
Eye-protection citation affirmed for jackhammer work
Custom Built Marine was renovating a Florida boat ramp when OSHA saw an employee use a jackhammer without eye protection while a supervisor stood nearby, also without eye protection. Two pairs of protective eyewear were available at the site. The judge vacated the item after concluding that the…
Ehle, Inc.
Citations vacated because OSHA did not prove employer status
Ehle owned rental properties and hired contractors to construct its apartment buildings. OSHA observed several people installing roof sheathing without fall protection and issued two serious citation items totaling $1,200. The judge found that OSHA did not prove carpenter Chuck Brandau was an…
Loren Cook Company
Machine-guarding items vacated over standard applicability
Loren Cook manufactured fans and blowers using small manual spinning lathes. A 12-pound metal workpiece was ejected from a lathe and fatally struck an employee in the head. OSHA withdrew three personal-protective-equipment items during the hearing and pursued seven willful machine-guarding items…
International Masonry, Inc.
Scaffold citations produced a mixed result and $4,000 penalty
Three International Masonry employees fell about 37 feet when a scaffold platform supported by a modified corner bracket collapsed. One employee died and another was seriously injured. The Secretary withdrew four items, and the judge vacated allegations involving a damaged bracket, ladder…
LHC, Inc.
Late contest denied after citation remained in company inbox
OSHA issued LHC four serious citation items carrying $10,780 in proposed penalties. The company's president received and signed for the citation, but it remained in his inbox while he tried to gather information from employees working elsewhere in Montana. LHC notified OSHA of its intent to contest…
Wormley Brothers Enterprises, Inc.
Repeat ladder violation affirmed
Wormley Brothers was finishing a flat roof on a Georgia bank project when OSHA observed five employees, including the foreman, use a portable ladder to leave the roof. The roof was about 17 feet high, but the ladder rails extended only 18 inches above the landing instead of the required 3 feet. The…
Twin Pines Construction, Inc./Teles Construction
Six items affirmed by default
OSHA issued Twin Pines Construction/Teles Construction two serious items and four other-than-serious items after a Massachusetts inspection. The allegations involved an obstructed or slippery emergency exit, forklift refresher training, injury and illness records, record production, and forklift…
Q3 Contracting, Inc.
Traffic-control items withdrawn and judge's decision vacated
Q3 Contracting performed underground utility work on a Denver gas pipeline project. An administrative law judge affirmed two serious items involving missing traffic warning signs and noncompliant barricades, and assessed a $750 penalty. The case was directed for Commission review. The Secretary…
Lakeside Construction, L.L.C.
Framing safety violations affirmed
Lakeside Construction had three employees framing an Idaho residence without a supervisor present. One employee worked below roof-framing activity without a protective helmet, while other employees worked about 9 feet above the ground without fall protection. The employees also lacked training to…
TMD Contracting
Workload did not excuse late contest
OSHA issued TMD Contracting two serious items after inspecting a commercial construction project in Albion, New York, and proposed $2,850 in penalties. The company filed its first contest letter two weeks after the deadline. TMD said it was managing two large commercial projects, was unfamiliar…
J4 Welding, Inc.
Contest filed nearly a year late was dismissed
J4 Welding performed mobile welding work at a Florida strip-mall remodeling project where OSHA observed the owner cross from an aerial lift to a building without proper fall protection. OSHA issued three serious items and proposed $9,000 in penalties. The company filed its contest almost a year…
Tricon Industries, Inc.
Steel-erection fall item vacated for lack of exposure
Tricon employees performed steel-deck layout and welding work on a 100-by-65-foot roof deck more than 15 feet above the ground. They were not tied off while working near the center, but the evidence showed that their assigned work kept them about 12 feet from an unguarded edge, with one employee…
Sandy Woodmansee d/b/a S.A.W.S.
Roofing eye and fall protection items affirmed
S.A.W.S. was repairing a Massachusetts residential roof when OSHA found its sole employee using a pneumatic nail gun without eye protection and working on the roof without fall protection. The roof ranged from 6 feet 10 inches to 13 feet above the ground. The nail-gun manual warned of severe eye…
Gabriel Lopez Alvarez, dba Three Amigos
Default vacated for reconsideration of returned mail
A chief administrative law judge dismissed Three Amigos' notice of contest after the employer did not answer the complaint or respond to a show-cause order. The default affirmed two citations carrying $21,120 in proposed penalties. The record showed that the show-cause order and an earlier order…
Federal Construction Group
Case remanded to address alleged ex parte communication
Federal Construction Group faced hazard-communication and lead-compliance citations arising from renovation work at Fort Bragg. An administrative law judge affirmed the items and assessed $6,000 in penalties. In its review petition, the company alleged that the judge had a private lunch…
Bolton Fencing and Construction, LLC
Trench items reduced from willful to serious
Bolton supported oil and gas pipeline work in Colorado and sent two employees into an unprotected excavation with walls between 5 and 8 feet high. The soil was Type B, no sloping, shoring, or trench box was used, and the competent person left the site after directing the employees into the…
ACME Energy Services dba Big Dog Drilling
Rig-floor struck-by citation affirmed
Big Dog Drilling employees were extending an oil rig's telescoping mast when the hydraulic ram failed and large suspended equipment fell onto the rig floor. A driller assigned to watch the mast from the rig floor was fatally struck. The judge vacated OSHA's general duty clause citation, finding…
JLD Custom Carpentry
Business pressures did not excuse late contest
OSHA issued JLD Custom Carpentry five serious items after inspecting residential re-roofing work in Pennsylvania and proposed $18,000 in penalties. The owner's wife received the citation and scheduled an informal conference, but miscommunicated the date and the company missed the conference and…
E.C. Stokes Mechanical Contractor, Inc.
Misplaced citation did not excuse late contest
E.C. Stokes was installing plumbing and air-conditioning systems at a Florida hospital project when OSHA cited two serious oxygen and acetylene cylinder-storage violations. The proposed penalties totaled $4,760. An experienced office employee received the certified citation, scanned it, believed it…
Domino Window Cleaning, Inc.
Fourth-floor fall hazard citation affirmed
A Domino employee cleaning a fourth-floor New York window without fall protection fell 40 feet to the sidewalk and died from his injuries. The evidence showed that he had been working from the exterior ledge and that Domino also instructed employees to clean from an interior sill beside a large…
G.A. Denison & Sons, Inc.
Default set aside because show-cause order arrived late
OSHA issued G.A. Denison & Sons seven serious and five willful citation items with $110,000 in proposed penalties. During mandatory settlement proceedings, the company failed to submit several required filings and financial documents. The judge ordered Denison to show cause by July 23 why it should…
John R. Jurgensen Company
Night paving safety citations vacated
Jurgensen performed nighttime highway paving in Ohio while subcontractor dump trucks backed through a designated work route. A dump truck struck and killed a Jurgensen laborer who had left the crew's immediate work area. OSHA alleged that the contractor lacked an adequate safety program and had not…
Elliot Construction Corp.
Carbon monoxide violations affirmed as willful
Elliot Construction used gas-powered equipment for an indoor concrete pour, and four employees reported feeling ill from carbon monoxide exposure. Two employees were diagnosed with carbon monoxide poisoning. The foreman knew the equipment produced carbon monoxide and recognized the employees'…
Know Thyself Contracting
Residential fall protection and training violations affirmed
Know Thyself Contracting performed residential and commercial construction work in Mobile, Alabama. OSHA observed a five-person crew installing decking near an unprotected edge 24 feet above the ground without fall protection. The company did not dispute the hazardous conditions or lack of…
American Engineering & Development Corp.
Trench citation vacated for employee misconduct
American Engineering & Development was replacing underground utilities in Miami when OSHA found two employees in an excavation more than 5 feet deep without cave-in protection. A backhoe operator temporarily directing the workers had sent them into the trench after the superintendent expressly…
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.