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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Crescent Plating Works, Inc.
Contest dismissal set aside and case remanded
The judge had dismissed Crescent Plating Works' notice of contest and affirmed the citations and proposed penalties. The Commission directed that order for review. After both parties jointly moved to vacate it and showed good cause, the Commission granted the motion, set aside the dismissal, and…
Cotter & Company
Safety-toed shoe requirement affirmed for warehouse dock workers despite no industry custom
Cotter & Company is a hardware wholesaler that supplied True Value stores from a warehouse and distribution center in Jonesboro, Georgia, where about 25 dock workers loaded and unloaded roughly 250,000 pounds of freight a day. OSHA cited it under 29 C.F.R. § 1910.132(a) for not requiring…
Emerick Construction, a corporation
Commission reviews only the penalties, drops the bulb-guard fine, and cuts the repeated-violation penalty
Emerick Construction was the general contractor building a hospital addition when two OSHA inspections produced four violations, later consolidated before Administrative Law Judge Thomas J. Donegan. Emerick did not dispute that the violations happened; it argued only that the penalties were too…
Blakeslee-Midwest Prestressed Concrete Co.
Commission affirms a serious fall-protection citation and rejects feasibility, greater-hazard, and evidence challenges
Blakeslee-Midwest was building a seven-story parking garage when an OSHA inspector saw a laborer, Walter Jackson, leaning out over the unguarded third floor, about 30 feet up, trimming the edge of a concrete slab with a saw and wearing no safety belt. The company was cited for a serious violation…
Meilman Food Industries
Meat-trimming platform guardrail violation affirmed
Meilman employees cleaned and trimmed cattle carcasses from three elevated work platforms whose carcass-facing sides had toeboards but no standard railings. The company argued that rails would interfere with meat-processing sanitation and increase cutting hazards. The Commission held that existing…
Williams Enterprises of Georgia, Inc.
Steelworker safety-belt citation remained vacated
Two steelworkers welded from beams 11 and 22 feet above temporary roof-level flooring without safety belts. The company complied with the specific steel-erection rule requiring temporary flooring within two stories or 30 feet. Commissioner Barnako viewed those specific rules as exclusive and would…
Seattle Stevedore Company
Hardhat violations affirmed as nonserious
Seattle Stevedore supplied hardhats, but longshore employees frequently refused to wear them and the company largely stopped using discipline after one 1973 incident. The Commission held that the company had not exhausted less drastic enforcement options, including bargaining with the union and…
Scioto Erectors, Inc.
Divided Commission leaves the ALJ's safety-net vacatur standing as the final order
Scioto Erectors was a steel erection subcontractor on a construction project in Marion, Ohio, where employees put up roof joists and cross-bracing about 60 feet up. The workers wore safety belts and tied off while welding and bolting, but not while moving between spots, stringing welding leads, or…
John W. McGowan
Commission declines sua sponte review, lets the judge's decision stand, and denies a motion for litigation costs
This oil field operator's worksite was inspected, resulting in four citations alleging serious violations with proposed penalties of $700 each. Administrative Law Judge J. Paul Brenton affirmed part of Citation 1 as nonserious, vacated Citations 2 and 3, and affirmed part of Citation 4 as…
Roadway Express, Inc.
Commission modifies the decision to hold that loading-dock supervisors also needed safety-toe shoes
Roadway Express, a trucking company, was cited under 29 C.F.R. § 1910.132(a) for not requiring city drivers, supervisors, and staff to wear safety-toe footwear at a freight terminal. Administrative Law Judge James D. Burroughs affirmed the violation only as to city drivers and vacated it for…
Danco Construction Company
Crane power-line violation and $600 penalty affirmed
Danco used a crane to unload pipe beneath electrical lines without maintaining the required 10-foot clearance. Two employees guiding pipe from the ground were injured when the boom came too close to the line, and one injury was fatal. The company argued that the event resulted from unforeseeable…
The Boeing Company, Wichita Division
Boeing hydraulic-machine hazard and $700 penalty affirmed
Boeing tested a self-designed hydraulic forming machine intended to operate at 100,000 pounds per square inch. At 80,000 psi, the machine failed and propelled a component weighing more than 1,000 pounds over 300 feet, killing two employees. Boeing argued that an unforeseeable defective part caused…
Louisiana-Pacific Corp.
Noise and conveyor violations affirmed
Louisiana-Pacific sold lumber products and operated a chipper and conveyor system at its Portland facility. OSHA cited excessive chipper noise and an unguarded passageway where lumber crossed from live rolls to another conveyor. The Commission found that the citation gave fair notice and that the…
Capitol/Atlanta Construction Company
Fall-protection penalty reduced
Capitol/Atlanta was constructing a building in Georgia when two employees worked on steel purlins 25 to 45 feet above a concrete floor without fall protection. The company did not dispute that the employees needed protection while installing channeling, but argued that the citation described…
Luhr Brothers Inc.
Federal-project noise citations reinstated
Luhr Brothers was an excavation subcontractor on an Army Corps of Engineers flood-control project in Missouri. OSHA cited construction noise-control, hearing-conservation, and guardrail violations. The judge dismissed the case on the ground that Corps safety requirements displaced OSHA coverage…
Willherco, Inc., Bermudez & Longo, Inc.
Subcontractor citations affirmed
Willherco and Bermudez & Longo were plumbing and electrical subcontractors at the same multi-employer construction site. Their employees had access to unguarded elevator shafts, stairways, and open-sided floors, although the subcontractors did not create the hazards and the general contractor was…
Phillip E. Runyan, d/b/a Chief Metal Products
Nonserious violations affirmed
An OSHRC judge affirmed a citation alleging nonserious safety and health violations by Chief Metal Products. The judge assessed no penalty. The employer asked the Commission to reconsider the same arguments it had presented to the judge. The Commission reviewed those arguments and found no…
T. Smith & Sons (Texas), Inc.
Repeated hard-hat penalty set at $200
T. Smith & Sons performed stevedoring work at the Port of Houston. About half of the employees unloading pipe and steel from one ship were not wearing hard hats, and the company's supervisor was also unprotected. The company did not dispute the repeated-serious violation, but challenged OSHA's…
Able Contractors, Inc.
Trench and seat-belt issues remanded
Able Contractors was replacing a sewer line in a 12-foot-deep, unshored trench in Billings, Montana. The judge found a serious trench violation but rejected OSHA's willful characterization, and also affirmed a citation because earthmoving-equipment operators did not use the provided seat belts. The…
McElwee-Courbis Construction Company, Inc.
Commission affirms an excavation-wall citation after a cave-in, rejecting the employer's slope and employee-misconduct defenses
McElwee-Courbis Construction was building a pumping station and surge tank, which required a large excavation about 68 to 70 feet across. A lower section of the excavation's 18 1/2-foot north wall collapsed, and an employee working between a 4-foot plywood barrier and the wall was pinned by the…
Arrow Louver and Damper Corp.
Commission vacates a default dismissal and remands, treating the employer's review request as an answer to the complaint
Arrow Louver and Damper Corp. contested OSHA penalties but did not file an answer to the complaint and did not respond to an order to show cause. Administrative Law Judge Chaplin dismissed the company's notice of contest and imposed the penalties OSHA had originally proposed. A week later, the…
VECCO Concrete Construction of D.C., Inc.
Tower-crane platform citation affirmed
VECCO used a tower crane whose operator's cab was about 98 feet above the ground. The four-foot-square access platform beside the cab had an unguarded side facing the crane mast, with a gap of about one to two feet. The judge vacated the citation because OSHA had not separately proved that the…
Gil Haugan, d/b/a Haugan Construction Company
Contested citations dismissed
Haugan Construction's nonlawyer president filed a notice stating that the company contested OSHA's proposed penalties. The company's later answer clarified that it had intended to contest both the citations and penalties. Applying Commission precedent, the judge treated the contest as covering the…
R. Colwill Excavating Company
Trench violation affirmed, penalty reduced
R. Colwill Excavating was removing a buried gasoline tank from a nine-foot-deep trench in unstable soil. The trench was not shored, sloped, or otherwise supported. The judge found that two workers entered without authorization, but affirmed the citation because the company's foreman and…
Texaco, Inc.
Serious excavation violation affirmed
Texaco excavated an eight-to-nine-foot-deep hole to repair a leaking water pipe at its Tulsa refinery. Water pumping caused the nearly vertical walls to slough and created large overhangs. Texaco built a two-stage trench box, but employees entered the excavation while only the lower stage was…
Combustion Engineering, Inc.
Commission affirms scaffold, ladder-access, and fall-protection violations at a power plant repair job
Combustion Engineering was doing metal repair work at the Navajo Generating Station in Page, Arizona, when an April 1976 OSHA inspection produced citations. The company contested three nonserious items and one serious item. Administrative Law Judge James A. Cronin Jr. sustained all of them…
Ray Evers Welding Co., Inc.
Steelworker fall citation affirmed
Two Ray Evers Welding employees worked on steel girders 18 to 24 feet above the ground without personal fall protection. The company challenged the personal protective equipment standard as vague and argued that steel-erection standards governed instead. The Commission rejected those arguments…
Martin Painting and Coating Co.
Power-line citation affirmed
Martin Painting contracted to paint a water tower near high-voltage power lines. An employee working from a boatswain chair contacted the lines and was electrocuted. Management knew the lines had to be deenergized before work near them, but did not tell the painters to wait until the planned…
Bristol Steel & Iron Works, Inc.
Steel-erection fall citation affirmed
Two Bristol employees stood on a 12-to-18-inch-wide wall about 16 feet above concrete stairs while rigging a float scaffold. They wore safety belts and lanyards but did not use them, and Bristol knew of the condition. The commissioners disagreed over whether the general personal protective…
Jake Heaton Erecting Company, Inc.
Commission affirms a fall-protection citation because the foreman worked unbelted twenty feet up
Jake Heaton Erecting Company was cited under 29 C.F.R. § 1926.28(a), the standard that requires employers to make workers wear appropriate personal protective equipment when exposed to hazards. A foreman knelt on a small platform about twenty feet above the ground, within a foot of the edge…
Western Waterproofing Company, Inc.
Roof fall-protection citations affirmed
Western Waterproofing employees resurfaced a roof about 61 feet high. Two employees spraying polyurethane foam worked near the roof edge without using available safety belts, lanyards, or lifelines. The Commission found that tied-off belts were effective and feasible, rejecting the company's claim…
Alberici-Koch-Laumand, A Joint Venture
Steel-erection fall citation vacated
Alberici-Koch-Laumand employees worked on steel beams about 61 feet high while maneuvering and bolting beams lifted by a crane. They wore safety belts but did not tie off because they needed mobility to avoid sudden movement of beams weighing up to 500 pounds. The crane had to lift beams through…
Mercer Well Service, Inc.
Commission affirms a general duty clause citation after a fatal fall from a rig, finding the employer's own safety rule was not enforced
A derrick man employed by Mercer Well Service died after falling from the elevator traveling block of a well servicing rig while riding it without a safety belt. The company had a written rule requiring derrick men to wear a belt when riding the elevators, but the worker had left his belt on top of…
Mayfair Construction Company
Sears Tower citation items split
Mayfair performed concrete construction during the Sears Tower project and contested eight nonserious citation items. The Commission vacated a temporary-wiring item because OSHA did not connect Mayfair employees to the specific wiring hazards. It also vacated a ladder-cleat item because the spacing…
Illinois Bell Telephone Company
Wiring item vacated, light item de minimis
Illinois Bell worked on telephone systems during construction of the Sears Tower. OSHA cited temporary wiring that was allegedly too low or insufficiently fastened and temporary lights that lacked guards. The Commission found no proof that Illinois Bell employees had access to the specific wiring…
Olson Construction Co.
Multi-employer guarding citations largely affirmed
Olson was a prime contractor on a state office-building project and controlled worksite safety, including the installation of guarding devices. OSHA cited missing guardrails, uncovered floor holes, unfilled stair pans, open-sided floors, and other fall hazards accessible to workers from several…
PASCO Masonry Company, Inc.
Commission affirms a scaffold citation and rejects the employer's search-and-seizure and jury-trial arguments
PASCO Masonry was cited for not complying with the scaffolding standard at 29 C.F.R. § 1926.451(a)(4), and Administrative Law Judge John J. Morris affirmed the citation. On review, the company did not dispute the safety facts but raised constitutional objections: that the inspection violated the…
Vappi & Company
Repeated violations left in effect
Vappi, a Massachusetts building contractor, was cited at a Boston worksite for temporary-building fire protection and open-sided-floor guarding violations. The company had twice violated the same standards at other Boston-area worksites. The judge classified the new violations as repeated because…
All-State Industries, Inc.
Flat-roof guardrail citation vacated
All-State employees were installing a flat roof when one employee fell 14.5 feet and was fatally injured. OSHA cited the company for failing to install perimeter guardrails and later sought to add an alternative allegation that employees should have used safety belts and lanyards. The Commission…
Crest Mechanical Construction Co.
Wall-opening citation affirmed
Crest was a plumbing subcontractor whose employees were exposed to unguarded wall openings on a multi-employer construction site. The company did not create or control the openings and argued that union and contractual limits prevented it from installing guards. The Commission held that a…
General Steel Fabricators
Six-item penalty reduced to $90
General Steel Fabricators received six nonserious citations involving cylinder transport, a portable ladder, crane safety measures, and tag lines. The company challenged only the judge's decision to assess $600 when OSHA had proposed a total of $90. The Commission confirmed that it may assess more…
Kast Metals Corp.
Welding and electrical violations affirmed
Kast Metals challenged welding and electrical citations, the inspection date, the lack of a closing conference, and the timing of the citations. The Commission held that the company waived its reasonable-promptness defense by raising it only after the hearing. It also held that failure to conduct a…
Simpson Roofing Company
Commission reinstates a contest that was dismissed for a missed hearing, finding good cause
Simpson Roofing Company contested two OSHA citations, but neither the company nor its attorney appeared at the scheduled hearing. After waiting about an hour, the Administrative Law Judge dismissed the notice of contest as a default under Commission Rule 62(a) and affirmed the citations. The…
A. Mazzetti & Sons, Inc.
Scaffold-guarding violation affirmed
Mazzetti employees worked at the top of a 30-foot scaffold that lacked guardrails and toeboards. The company argued that the workers were raising the scaffold, which temporarily made guarding impossible, rather than laying block. The Commission credited photographs, wet mortar, and testimony…
Newspaper Printing Corp.
Failure-to-abate penalty reduced
Newspaper Printing failed to meet the abatement deadline for press-platform railings, an emergency eyewash facility, and router drive-belt guards. The company had installed or ordered replacement equipment, but the old presses and routers were still used and the eyewash fountain had not arrived by…
Orville Larkan, d/b/a Larkan Steel Erectors
Fall-protection violation affirmed
Two Larkan Steel Erectors employees worked about 23 feet above the ground without fall protection, one near a roof edge and one on a steel beam. The Commission found the fall hazard obvious and credited the judge's finding that safety belts had not been provided at the site. The company's president…
Ford Motor Company
Willful elevator hazard affirmed
Ford used a freight elevator to move automobile bodies when its regular body lift was unavailable. To avoid production delays, the company repeatedly operated the freight elevator after removing rear-door interlocks or seals that state inspectors had required. After the elevator returned to…
General Steel Fabricators, Inc.
Scaffold penalty reduced to $150
A General Steel foreman worked on a scaffold about 15 feet above the ground. The scaffold had only a single manila rope around its open sides, with no midrails or toeboards. The Commission held that the rope did not provide protection equivalent to the required guarding. It rejected impossibility…
Daniel Construction Company
Unopposed judge decision affirmed
The Commission placed the case on review on its own initiative. Neither party objected to the judge's decision or otherwise expressed dissatisfaction with it. The Commission found no compelling public-interest issue requiring review. It therefore declined to address or modify the merits and…
Union Camp Corporation
Noise citation vacation affirmed
An OSHRC judge vacated a citation alleging that Union Camp failed to comply with the occupational noise-control standard. The company challenged four findings in the judge's decision but did not ask the Commission to reverse the result. The Commission declined to address issues that would not…
Williams Enterprises, Inc.
Bridge fall citation remained vacated
Williams employees performed steel work more than 25 feet above the ground on an unfinished bridge. Plank decking installed by the general contractor covered the spaces between girders, but an opening existed directly behind a Williams foreman. The Commission accepted the judge's credibility…
Matter of Shah
Chemistry degree and work history did not establish professional eligibility
The Regional Commissioner reviewed an appeal from the denial of a petition seeking third-preference classification for a chemist. The petitioner had a three-year chemistry degree from Gujarat University, a master's degree in business administration, and no employment history in chemistry. The…
Building Products Company
Commission affirms the radial-saw lower-blade-guard charge and a total $150 penalty
Building Products Company manufactured wooden roof trusses using three radial saws whose employees had removed the lower blade guards. The company argued that the guards could eject wood chips during compound cuts and therefore created a separate hazard. The Commission held that the greater-hazard…
Cornell & Company, Inc.
Elevator-shaft and fire items affirmed
Cornell erected precast concrete walls at a Philadelphia hotel project. Four employees on the twentieth floor were about ten feet from partially uncovered elevator shafts, and the worksite lacked required fire extinguishers. The Commission found foreseeable employee access to those hazards, but not…
Jess Howard Electric Co.
Unopposed judge decision affirmed
The Commission placed this case on review on its own initiative. Neither party objected to the judge's decision or otherwise sought a change. The Commission identified no compelling public-interest issue requiring substantive review. It affirmed the decision without passing on or modifying its…
S & H Riggers & Erectors, Inc.
Unopposed judge decision affirmed
The Commission placed this severed case on review on its own initiative. Neither party challenged the judge's disposition. The Commission declined to conduct substantive review and affirmed the judge's decision. It stated that the ruling retains the significance of an unreviewed judge decision. The…
Abhe & Svoboda, Inc.
Unopposed judge decision affirmed
The Commission placed this case on review on its own initiative. Neither party objected to the judge's decision or otherwise expressed dissatisfaction. The Commission found no compelling public-interest issue requiring it to address or modify the merits. It affirmed the judge's decision while…
Pearson Electric Co., Inc.
Unopposed judge decision affirmed
The Commission placed the case on review on its own initiative after severing it from another docket. Neither party challenged the judge's disposition. The Commission therefore declined substantive review and affirmed the judge's decision. It stated that the decision retains the significance of an…
Erie Lackawanna Railroad Co.
Unopposed judge decision affirmed
The Commission placed this case on review on its own initiative. Neither party objected to the judge's decision or expressed dissatisfaction with it. The Commission found no compelling public-interest issue requiring substantive review. It therefore affirmed the decision without addressing or…
Serval Slide Fasteners, Inc.
Unopposed judge decision affirmed
The Commission placed this case on review on its own initiative. Neither party objected to the judge's decision or otherwise requested a change. The Commission found no compelling public-interest issue requiring substantive review. It affirmed the decision without addressing or modifying the…
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.