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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McConnell and Johnson, Inc.
Scaffold penalty reduced to $300
McConnell and Johnson used a long tubular scaffold while employees sandblasted a building 20 to 35 feet above the ground. The scaffold lacked standard railings and toeboards, had missing or unsecured braces, rested in places on concrete blocks, and included gaps and unsecured planks. The company…
Ryder Truck Lines, Inc.
Dockworker foot-protection citation affirmed
Ryder Truck Lines operated a freight terminal where dockworkers handled varied cargo around carts and powered equipment. OSHA cited the company because foot protection was not consistently used, and the record showed hazards from falling freight and vehicle wheels as well as a history of foot…
Rawls General Repair
Fire-extinguisher item affirmed and three items vacated
Rawls General Repair maintained and painted commercial fishing boats at a small Florida facility. OSHA cited the business for an unguarded scaffold, electrical conditions involving an arc welder, damaged welding cable insulation, and inadequate fire extinguishers. The administrative law judge…
Chace International Corp.
Withdrawal conditioned on employee service
Chace International sought to withdraw its contest of four citation items after stating that it had corrected the conditions and paid the proposed $220 penalty. The judge granted the motion based on an understanding that affected employees had received notice. The Commission could not find support…
Divesco Roofing and Insulation Company
Roof-platform and ladder violations affirmed
Divesco employees installed shingles on a roof 17 feet above the ground with a four-in-twelve slope, without a catch platform, parapet, or safety belts tied to lifelines. They also used a fully extended 20-foot ladder whose feet had safety shoes but whose top was not tied or otherwise secured…
Tyee Construction Company
Live-wire splicing violation affirmed
A Tyee Construction employee spliced a severed, energized 220-volt underground power line while standing on damp ground. He used uninsulated hand tools, regular work boots, and a piece of plywood as his only protection, while a superintendent and safety employee observed the work. The evidence…
Frazee Construction Company
Trench citation vacated after OSHA withheld inspection records
OSHA alleged that Frazee Construction willfully failed to shore, slope, or otherwise protect a trench and proposed a $9,000 penalty. During the hearing, the compliance officer disclosed that he had prepared notes, memoranda, and a report from four inspections and the closing conference. OSHA…
Robert J. Sweet, Inc.
Contest withdrawn and abatement date extended
Robert J. Sweet asked to withdraw its notice of contest and extend the citation's abatement date to January 15, 1973. The Secretary of Labor did not object to either request. The administrative law judge granted both motions and affirmed the citation and proposed penalties, as amended, as final…
Caldwell Lace Leather Company
Failure-to-abate penalty reduced to $1,000
Caldwell Lace Leather operated a tannery with six floor pits about six feet deep. An uncontested citation required approved guarding, but at reinspection the five lime pits still had only low concrete curbs and the soak pit had a 24-inch railing instead of the required 42-inch standard railing. The…
Feedmobile, Inc.
Grinder failure-to-abate penalty reduced to $455
Feedmobile manufactured feed-mill equipment and used five portable disc grinders without wheel guards. The company paid the original $50 penalty but did not install guards by the March 31 abatement deadline, and a reinspection four days later found the condition unchanged. Feedmobile said it had…
John B. Kelly, Inc.
Wall-collapse violation affirmed and serious penalty raised
John B. Kelly employees modified a 17-foot free-standing masonry wall at a federal construction project. A supervisor directed that the wall be supported with diagonal braces, but twice observed the employee proceeding without those braces and left after repeating warnings. The employee later…
Western Batteries, Inc.
Abatement date extended by stipulation
Western Batteries sought additional time to abate Item 1 of an amended citation. The administrative law judge extended the abatement date through July 17, 1973. After Commission review was directed, the parties jointly stipulated that the modification should be granted and all further proceedings…
Patelos Industries, Ltd.
Radial-saw failure-to-abate penalty affirmed
Patelos manufactured doors and windows using five radial saws whose lower blade portions lacked automatic guards. After two abatement extensions, a reinspection found that the saws still were not properly guarded. The company had obtained three guards but removed them because they jammed during…
Frank Irey, Jr., Inc.
Willful trench violation and $5,335 total penalties affirmed
Frank Irey performed underground electrical-conduit work in a trench about seven-and-one-half feet deep. The trench was not shored or sloped in soft or unstable material, and an employee died when a side collapsed. The administrative law judge classified the trench violation as willful because the…
Jasper Construction, Inc.
Hidden roof-hole hazard and $500 penalty affirmed
Jasper Construction created a roof opening about five feet by twenty feet for a ventilation shaft. The opening remained inadequately guarded for about a month and was later covered only with paper and lightweight insulation that could not support a person's weight. A subcontractor's employee walked…
Imco Container Company
Solvent-glove citation vacated for lack of hazard proof
Imco manufactured plastic containers and used Stoddard solvent to remove blurred enamel labels before reprinting them. Employees scrubbed bottles without gloves, and their hands became wet with solvent during the process. OSHA alleged that the solvent was a chemical hazard requiring hand protection…
Tishman Realty & Construction Company, Inc.
High-rise perimeter and debris citations affirmed
Tishman was the general contractor for a New York high-rise construction project. Multiple floors had no perimeter protection or lacked midrails and toeboards, including open sections near material and concrete hoists, and the twelfth and thirteenth floors contained accumulated construction waste…
Gressani-Gysel Construction, Inc.
Stairwell-opening citation vacated because no floor was proved
Gressani-Gysel was cited after a steel beam fell through an open stairwell or chimney-like area while employees worked above and a subcontractor's employees worked below. One subcontractor employee died, and the record showed a recognized falling-material hazard. OSHA charged the company under a…
B. Heckerman Iron Works, Inc.
Helmet item affirmed and opening citations vacated
B. Heckerman Iron Works employees worked in a stairwell area where materials could fall from above. The administrative law judge vacated the serious floor-opening citation and its $500 penalty because OSHA did not prove that a floor existed at the third-story elevation, making the cited…
Brisk Waterproofing Company, Inc.
Scaffold access charge amended and $1,200 assessed
Brisk employees performed caulking work from two suspended scaffolds 18 stories above the ground. An employee moved between them around a pylon and across an open gap without a safety belt, and three employees occupied a scaffold rated for no more than two workers. The Commission held that OSHA…
Clover Beef Company
Portable-saw grounding item affirmed and fixed-equipment item vacated
Clover Beef processed and packed meat using several fixed electrical machines and a portable hand-held saw. OSHA cited the company because the exposed metal parts of the equipment were not grounded. The Commission vacated the fixed-equipment item because the cited rule required grounding only under…
Portland Stevedoring Company
Unsecured hatch-beam violation classified as serious
Portland Stevedoring employees unloaded cargo from a ship while an unsecured hatch beam remained above the working hold. The beam was about 30 feet long, weighed 900 to 1,200 pounds, and was positioned roughly 40 feet above at least three employees. The Commission held the violation serious because…
Smith and Company, Inc.
Seven non-serious items and $95 penalty affirmed
Smith and Company manufactured clothing at a plant with about 162 employees. It admitted non-serious violations involving an elevated and unmarked exit, fire extinguishers mounted too high, inadequately guarded fans, a bench grinder lacking complete guarding and a work rest, and flexible cord used…
Winslow Crane Service, Inc.
Brace and power-line citations vacated
Winslow owned and operated a crane used near an energized power line during pipeline work. A worker employed by another company was electrocuted when the crane equipment contacted the line, but the administrative law judge vacated Winslow's serious citation because Winslow had a stricter 15-foot…
Oak Lane Diner
Five safety items affirmed and posting item vacated
Oak Lane Diner was cited for a broken stepladder, overdue fire-extinguisher inspections, an ungrounded food mixer, a spliced meat-saw cord, failure to post the OSHA employee notice, and an ungrounded bench grinder. The administrative law judge found all six non-serious violations but vacated the…
Automatic Elevator Corporation
Elevator-shaft scaffold violation classified as serious
An Automatic Elevator foreman worked in an elevator shaft on a platform made from two two-by-four boards about 20 feet above a concrete floor. The platform lacked required guardrails and overhead protection, and open shaft entrances lacked toeboards; the foreman also wore a bump cap instead of…
Greenfield and Associates, a Joint Venture
Tunnel citations settled for $16,000
Greenfield constructed a Lake Huron water-intake tunnel where an explosion killed 22 employees and seriously injured many others. OSHA issued nine citations concerning atmospheric testing, methane and communication hazards, ventilation, fire and explosion controls, evacuation planning…
The Verne-Woodrow Company
Access citation affirmed and safety-net item vacated
Verne-Woodrow employees erected steel framing and installed roof-truss bracing about 28 feet above ground and over a concrete pit. They used no safety nets, scaffolds, catch platforms, temporary floors, safety lines, or safety belts. The administrative law judge nevertheless vacated the safety-net…
American Motors Corporation
Welding-ventilation item vacated and $254 assessed
OSHA cited American Motors for 29 non-serious conditions at its Milwaukee automobile plant. After withdrawals, admissions, and a hearing, the administrative law judge affirmed 17 items, vacated 12, and assessed $279. Commission review focused on a welding station where no mechanical ventilation was…
Aire-Lite Industries, Inc.
Flammable-liquid item vacated and $120 assessed
Aire-Lite manufactured aluminum screens, doors, and related products. The contested items involved flammable-liquid storage near a spray area, non-explosion-proof lighting and fans, blocked and overdue fire extinguishers, and table saws without required guards, spreaders, or anti-kickback devices…
Grayson Lumber Company, Inc.
Water-barrel item vacated and $150 penalties retained
Grayson Lumber operated a building-supply, lumber-processing, and concrete business. The administrative law judge affirmed eight non-serious items, vacated three, and assessed $150 total penalties. On review, the Commission vacated an additional fire-protection item because partially filled water…
Frankford Woolen Mills, Inc.
Tenant floor-load item vacated and $335 assessed
Frankford Woolen Mills was cited for 24 non-serious conditions involving housekeeping, stairs, ladders, exits, eye protection, fire extinguishers, machinery, compressed air, welding equipment, electrical grounding, and aisles. The administrative law judge affirmed 19 items, vacated five, and…
Plawner Toy Manufacturing Corporation
Extinguisher item vacated and exit item affirmed
Plawner Toy Manufacturing Corporation operated a small New Jersey plant that made plastic objects. OSHA cited the company for an air nozzle that allegedly exceeded the pressure limit, two unmounted fire extinguishers, and blocked exits, with proposed penalties totaling $140. The judge vacated the…
Custom Painting Company
Respiratory violations affirmed without penalties
Custom Painting Company performed painting work at a sewage treatment plant in Alaska. An employee was asphyxiated while using paint containing perchlorethylene in an atmosphere with a high concentration of that toxic substance. OSHA cited the company for failing to provide suitable respirators…
B & J Mechanical Contractors, Inc.
Guardrail item affirmed and safety-net item vacated
B & J Mechanical Contractors installed plumbing, heating, and air-conditioning equipment at a construction project in Alabama. OSHA cited the company after one employee worked about 30 feet above the ground without fall protection and another worked from a 13-foot-high platform without guardrails…
Apex Building Cleaning Corp.
Powered-platform citation vacated
Apex Building Cleaning used a powered roof car and suspended scaffold to wash windows on a New York City building. OSHA inspected after an employee was found dead and the roof car was found tipped over. The Secretary alleged that the equipment violated a rule requiring electrical contacts to…
Apex Building Cleaning Corp.
Powered-platform citation vacated
Apex Building Cleaning Corp. used a powered roof car and suspended scaffold to wash windows on a New York City building. OSHA inspected after an employee was found dead and the roof car was found tipped over. The Secretary alleged that the equipment violated a rule requiring electrical contacts to…
Clavier Corporation
Ten safety items affirmed and two vacated
Clavier Corporation researched, developed, and manufactured electrical equipment in New York. OSHA issued a 12-item citation covering conditions that included compressed-gas cylinders, machine guarding, first-aid readiness, compressed-air cleaning, flammable-liquid containers, and electrical…
City Wide Tuckpointing Service Company
Scaffold penalty reduced to $280
City Wide Tuckpointing Service Company performed masonry repair from a suspended scaffold about 65 feet above a Milwaukee sidewalk. OSHA cited six scaffold conditions, including unsafe footing, missing guardrails and toeboards, unsafe access, no protective screen, improper anchoring to a station…
Mitchellace, Inc.
Withdrawal of contest affirmed
Mitchellace moved to withdraw its notice of contest and tendered $175 as full payment of the proposed penalty. The company also agreed to comply with the Act and standards, submit a compliance plan, immediately implement a personal protective equipment plan, and post and serve the case documents…
Buhls Laundry & Dry Cleaning, Inc.
Stairway and electrical penalties imposed
Buhls Laundry & Dry Cleaning operated a small laundry business in South Dakota. OSHA issued a 15-item nonserious citation covering housekeeping, stairs and floor openings, fire extinguishers, laundry equipment, electrical conditions, and recordkeeping. The judge vacated the incorrectly cited…
Matt J. Zaich Construction Co.
Settlement approval vacated and remanded
Matt J. Zaich Construction and the Secretary submitted a settlement that would affirm a citation and $125 penalty while stating that the employer did not admit a violation or liability. The judge approved the agreement. The Commission set that approval aside because the agreement's ambiguous…
Standard Glass & Supply Co.
Serious scaffold citation affirmed with low penalty
Standard Glass & Supply installed exterior glass and metal panels at a two-story building in Tennessee. OSHA found one employee briefly working about 20 feet above the ground on a scaffold without guardrails or toeboards and with nonconforming planking and bracing, while two employees lacked…
Natkin & Co., Mechanical Contractors
Serious material-hoist citation affirmed
Natkin used a material hoist to move sheet-metal ductwork and other materials at a multistory construction project in Virginia. The hoist lacked required overhead covering, full side enclosures, and access gates. An employee died in a fall that prompted the inspection, although the record showed…
W. J. Lazynski, Inc.
Crane swing-radius penalty reduced to $360
W. J. Lazynski performed sewer construction from a narrow highway median in Wisconsin. An employee was fatally crushed between a rotating crane counterweight and stacked steel liner plates in an accessible swing-radius area that had not been barricaded. The company had been permitted to close only…
CECO Corp.
Concrete-shoring citation vacated
CECO Corp. was a concrete subcontractor on a hospital construction project in Alabama. OSHA cited the company for allegedly unstable single-post shores used to support concrete work, proposing a $30 penalty. The record showed horizontal and transverse bracing at the top of the shores and diagonal…
J.L. Mabry Grading, Inc.
Backing-alarm amendment allowed on remand
OSHA cited J.L. Mabry Grading for operating dump trucks with obstructed rear vision without backing alarms or a signalman and proposed a $600 serious penalty. The citation identified a regulatory subsection that was not in effect when the alleged violation occurred. The judge denied the Secretary's…
Ira Holliday Logging Co., Inc.
Serious log-binder citation vacated
Ira Holliday Logging delivered timber to a sawmill where the mill controlled the unloading process. An employee was fatally struck by a log after releasing all three load binders before the unloading machine secured the load. The Commission held that the sawmill unloading rule applied to the…
Tilo Company, Inc.
Vague roofing-bracket item vacated
Tilo Company performed reroofing work on a private home in New York. OSHA issued five nonserious items for failing to provide roofing brackets, a catch platform or personal fall protection, first-aid arrangements, toilet facilities, and a secured access ladder. The Commission vacated the…
Kawecki-Berylco Industries
Beryllium-abatement settlement remanded
OSHA cited Kawecki-Berylco Industries for failing to implement feasible controls to reduce employee exposure to beryllium and required a detailed long-term abatement plan, but proposed no penalty. The employees' union contested the abatement period, and the employer separately contested the…
Karl Kehm Construction Co.
Filing-error dismissal reversed
Karl Kehm Construction received two citations and submitted two notices of contest that arrived at OSHA on the same day and were nearly identical. The Area Director timely forwarded one notice but mistakenly treated the other as a duplicate, causing missed filing deadlines. The judge granted the…
Stevens Equipment Co.
Old power-press guarding item vacated
Stevens Equipment fabricated and sold metal products at an Oregon plant. OSHA cited an unguarded mechanical power press and an unguarded chain-and-sprocket drive as serious, along with eight other conditions that the company admitted. The Commission agreed that the press lacked a point-of-operation…
Crescent Wharf & Warehouse Co.
Serious hatch-pontoon violation affirmed
Crescent Wharf & Warehouse employees loaded flour into a ship's hold through a deck hatch in Seattle. Two metal hatch pontoons weighing about two tons each were left unsecured above roughly ten employees working 30 feet below, and the company's walking boss knew of the condition for at least two…
M. A. Swatek & Co.
Maximum penalty assessed for serious trench hazard
M. A. Swatek & Co. excavated a trench in unstable soil for utility work in Oklahoma. The trench was about 17 feet deep, 3 feet wide at the bottom, and 19 feet wide at the top, with no shoring or ladder and sides steeper than the recognized safe angle. A side wall caved in and fatally injured an…
James L. Brussa, Masonry
Dismissal for failure to post citation reversed
OSHA cited James L. Brussa for removing required guardrails from open-sided fourth- and fifth-floor work areas and proposed a $150 penalty. Brussa contested but admitted that he had not posted the citation at or near the worksite. The administrative law judge treated that posting failure as grounds…
Drake-Willamette Joint Ventures
Bridge safety-net citation vacated
Drake-Willamette constructed an approach to the Fremont Bridge in Portland, Oregon. OSHA cited the company for failing to provide safety nets where employees worked more than 25 feet above lower surfaces and proposed a $15 penalty. The Commission read the cited rule to require nets only when listed…
Vitamin Premixers of Omaha, Inc.
Six safety violations affirmed with $400 penalty
Vitamin Premixers of Omaha produced and distributed premixed animal feed. The company admitted six nonserious violations involving fire extinguishers, unguarded fan blades, emergency drenching or eyewash facilities, a weak stair handrail, compressed-air cleaning, and electrical motors in a…
Hennis Freight Lines, Inc.
Forklift overhead-guard citation vacated
Hennis Freight Lines operated a freight terminal in Omaha and used a powered industrial truck without an overhead guard. OSHA cited the company under a rule requiring a guard as protection against falling objects and proposed a $165 penalty, which the judge increased to $187.50. The Commission held…
Ernest F. Donley's Son, Inc.
Serious T-form hazard affirmed with $640 penalty
Ernest F. Donley's Son was the concrete structural subcontractor on a multistory office-building project in Ohio. It used large T-forms weighing several thousand pounds and secured them with cable assemblies to prevent tipping. The Commission found that the original anchoring method provided…
Blue Ribbon Industries, Inc.
Contest dismissed and $100 penalty affirmed
Blue Ribbon Industries received four non-serious citations involving excessive compressed-air pressure, a locked exit, an unguarded compressor, and flexible cord used as fixed wiring. OSHA proposed no penalties for the first two items and $100 total for the other two. The case was initially…
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.