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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E.C.H. Construction
Dismissal set aside over possible service failure
OSHA cited E.C.H. Construction for failing to certify abatement of earlier uncontested violations and proposed a $300 penalty. After E.C.H. contested the citation, later filings were sent to a Holmes Lumber Companies address shown on the employer's handwritten notice of contest. The judge dismissed…
NCS, LLC.
Ladder-lashing citation affirmed after fatal fall
NCS provided telecommunications support services and assigned an employee to relocate overhead telephone cable in Florida after hurricane damage. The employee died after he and a 28-foot extension ladder fell while he was working alone at a utility pole. The Secretary withdrew one citation item and…
West Valley Construction Company, Inc.
Two trench items affirmed and three vacated
West Valley Construction employees briefly entered a six-foot-deep trench at a naval air station in Washington while their superintendent watched. The trench had vertical walls in disturbed Type C soil and no cave-in protective system. The judge affirmed a repeat cave-in-protection violation…
Salco Construction, Inc.
Attorney-fee application denied
Salco Construction prevailed on one scaffold fall-protection item after the judge found that the Secretary had not proved a platform moved more than 14 inches from a building's eaves. Salco then sought $29,735.82 in fees and expenses under the Equal Access to Justice Act. The Commission found that…
DHL Express, Inc.
Default vacated after internal miscommunication
OSHA issued DHL Express thirteen serious citation items and one other-than-serious item after inspecting its Miami Gateway facility, with $25,500 in proposed penalties. DHL's site manager timely contested the citations but did not answer the complaint or respond to a show-cause order after…
Valley Interior Systems, Inc.
Malfunctioning aerial lift should have been removed from service
Valley Interior Systems used a rented 80-foot articulating aerial lift to install exterior framing at an Ohio college construction project. The lift's tower assembly stopped operating properly, but the field foreman allowed an employee to continue working from it while waiting for a service…
Burkes Mechanical, Inc.
Conveyor lockout violations affirmed but willful item reduced to serious
Burkes Mechanical employees cleaned debris beneath a running fuel-wood conveyor at a paper mill, and one employee was killed when his arm and shovel became caught between an idler and the belt. The Commission held that both the general lockout/tagout standard and the paper-mill-specific lockout…
Marine Terminals Corp.
Four longshoring citation items vacated
Marine Terminals handled container cargo aboard the M/V Ever Deluxe at a California terminal. A hatch boss was killed when descending crane lifting gear struck him while he was on top of a container, although the record did not establish why he entered that location. OSHA cited the company for…
Cliffhangers, Inc.
Default set aside for settlement review
A judge entered default judgment against Cliffhangers in three consolidated cases. The Secretary then filed an unopposed request asking the Commission to vacate the default and approve a signed settlement that affirmed the violations as issued but changed the penalties. Citing its policy of…
Hein Masonry Inc.
Forklift operated too close to energized power lines
Hein Masonry used a rough-terrain forklift to raise masonry materials beside scaffolding at a Wisconsin construction site. The forklift's metal platform came within about three to five feet of energized 13-kilovolt power lines, although the standard required at least 10 feet of clearance. A utility…
All Around the House Services
Late contest dismissed and $1,500 penalty affirmed
OSHA issued All Around the House Services two serious citation items with proposed penalties totaling $1,500 after a worksite inspection. The employer mailed its notice of contest three days after the statutory deadline. It did not explain the delay, did not present a legally sufficient defense to…
Thomas Industrial Coatings, Inc.
Settlement withdraws high-visibility clothing item
Thomas Industrial Coatings was painting an interstate overpass when OSHA cited alleged traffic-zone and aerial-lift hazards. The administrative law judge vacated the item alleging inadequate protection from traffic and the aerial-lift tie-off item. For the high-visibility clothing item, the judge…
Mission Constructors, Inc.
Missed contest deadline left citation final
OSHA cited Mission Constructors after inspecting a Tampa construction site. The employer's representative had a notice of contest prepared but did not file it by the deadline because he was trying to arrange an informal conference with OSHA. He sent it seven days late, despite the citation's clear…
J. Clark Framing
Informal-conference delay did not excuse late contest
OSHA cited J. Clark Framing after inspecting a Tampa construction site. The employer's representative prepared a notice of contest but did not send it by the deadline because he was trying to arrange an informal conference with OSHA. The filing was eight days late, even though the citation clearly…
The News Press
Paper-roll loading hazard leads to $2,500 in penalties
The News Press used employees to push 2,000-pound newsprint rolls onto trolleys while one worker stood in front of each moving roll to catch and guide it. A roll had fallen from a trolley at least three times, and one employee missed 43 workdays after injuring her shoulder while trying to stop one…
Southern Masonry Construction, LLC
Unguarded second-floor access results in $1,200 penalty
Southern Masonry employees used a stairway that opened beside an unguarded edge on the second floor of a building under construction. Workers passed within roughly two to three feet of the edge and could have fallen 11 to 12 feet. Although the general contractor was responsible for installing…
Summit Contractors Inc.
Controlling-employer scaffold citation vacated
Summit was the general contractor for a college dormitory project where a masonry subcontractor's employees worked on scaffolds without fall protection. OSHA cited Summit as a controlling employer even though Summit did not create the condition and none of its own employees were exposed. A…
Manganas Painting Co., Inc.
Lead and fall-protection items partly affirmed
Manganas removed lead-based paint from two bridges using abrasive blasting inside canvas containments. OSHA cited the company for lead monitoring, shower, and medical-surveillance violations, as well as numerous fall-protection hazards. The Commission upheld the inspection warrant and found that…
Federal Express Corporation
Platform railing citation vacated for lack of exposure proof
FedEx used an elevating platform to move cargo containers between trucks at its Oklahoma City air cargo facility. The platform had open sides, and OSHA measured it at 51 inches above the concrete while one truck was being loaded. Although the judge found that the railing standard applied and that…
Andron Construction Corporation
Falling concrete block results in $850 penalty
Andron managed a school construction project where concrete blocks were staged near the edge of a second-floor landing area. A pallet came apart, and a 35-pound block fell about 26 feet and struck an Andron employee on the head, knocking him unconscious and requiring hospitalization. The judge…
Martin Construction, Inc.
Six trench items vacated for lack of knowledge or proof
Martin Construction was the general contractor on a sewer project where a subcontractor's owner was killed in a trench cave-in. OSHA cited Martin as the controlling employer for six alleged excavation violations, including unsafe access, an edge spoil pile, inadequate inspections, and deficient…
Mario Sinacola & Sons Excavating, Inc.
Excavator hazard citation vacated for lack of proven abatement
A Sinacola crew was installing a water line in a trench when an excavator bucket moved and pinned a pipe layer against the trench wall, fatally injuring him. The judge found that the construction industry and Sinacola recognized the danger of employees working within an excavator's operating area…
Franciscus Roofing & Siding, Inc.
Roof and ladder violations result in $2,400 penalty
An OSHA inspector observed a Franciscus worker about 20 feet above the ground on a steep residential roof without conventional fall protection. The judge found that the worker was an employee under the OSH Act even though the company called him a subcontractor. Franciscus did not produce the safety…
Horizon Homes, Inc.
Settlement mistake issue remanded
Horizon was the general contractor at a worksite where OSHA cited an alleged scaffold guardrail violation. The company signed a settlement that left the guardrail item in place, even though it said the same item against a subcontractor had been withdrawn because the scaffold height did not trigger…
Pike Electric, Inc.
Generator backfeed violations result in $12,000 penalty
A Pike Electric lineman was repairing hurricane-damaged residential power lines when electricity from a homeowner's portable generator backfed into a line and electrocuted him. Alabama Power had warned the crew about generators, but Pike did not organize a systematic search or isolate the…
Manganas Painting Co., Inc.
Lead-control citations partly affirmed with $383,590 assessed
Manganas used abrasive blasting to remove lead-based paint from an interstate highway bridge. OSHA cited the company shortly after a new lead-in-construction standard took effect, proposing more than $1.3 million in penalties. The Commission upheld the standard's validity and found OSHA's sampling…
Eric Dubois d/b/a Precision Home Builders and Finish Carpentry
Default leaves nine-item citation final
OSHA issued Precision Home Builders and Finish Carpentry a nine-item citation after an August 2006 inspection. After filing a notice of contest, the employer did not participate in the scheduled pretrial conference, did not respond to the Secretary's attempts to discuss the case, and did not…
W.G. Yates & Sons Construction Co., Inc., Hvy. Div.
Supervisor-knowledge issue remanded
Yates employees installed grass matting on a slope above a 65-foot drop. The foreman worked without fall protection, while two crew members wore their harnesses backward with the foreman's permission. The judge affirmed two serious fall-protection items and assessed $9,000 in total penalties. The…
A.E.Y. Enterprises, Inc.
Inadequate trench shoring results in $100 penalty
A.E.Y. installed a shoring system in a University of Rochester excavation before two employees of another contractor entered to repair a pipe. On remand from the Commission, the judge found the excavation was about six and a half feet deep and rejected A.E.Y.'s claim that it qualified for the…
Performance Site Management
Excavation violations result in $4,000 penalty
Performance Site Management placed an employee in an excavation to remove a water-main cap while spoil and an eight-foot pile of ground asphalt stood at the excavation edges. The excavation exceeded five feet, and its narrow benches did not meet the dimensions required for Class B soil. The judge…
Billie Gowans, dba Billy G's
Contradictory payment schedule sends settlement back
An employee fatality led OSHA to inspect Billy G's and issue serious and willful lockout/tagout citations with $27,100 in proposed penalties. The parties settled for $16,200, but their written agreement described 36 monthly payments while also referring to only 10 payments over five years. After…
Seyforth Roofing Co., Inc.
Attorney failures did not justify reopening default
Seyforth Roofing initially contested a serious item and a repeat item but repeatedly failed to answer pleadings, respond to discovery, or comply with show-cause orders. After a default judgment became final, the company argued that its former attorney had misled it and sought relief under Federal…
Joseph Watson, d/b/a Joseph Watson Masonry
Employer receives $11,275 EAJA fee award
Joseph Watson Masonry sought attorney fees under the Equal Access to Justice Act after prevailing on parts of an OSHA case involving scaffold, fall-protection, training, and recordkeeping citations. The Commission had ruled that the Secretary lacked substantial justification only for one ladder…
Jimerson Underground
Construction-standard allegations remanded for decision
A fatal manhole accident involving Jimerson and subcontractor employees led OSHA to issue citations under general industry standards. The Secretary later added alternative allegations under construction standards and the general duty clause. The Commission had already held that Jimerson's work was…
The Barbosa Group, Inc. d/b/a Executive Security
Bloodborne-pathogen items affirmed with reduced penalty
Barbosa supplied security personnel to a federal immigration detention facility where their duties exposed them to blood and other bodily fluids. The Commission held that Barbosa remained their employer because it hired, paid, scheduled, supervised, and disciplined them, even though the federal…
Greenleaf Motor Express
Confined-space items affirmed with willful classifications reduced
Greenleaf employees entered tanker trailers to pressure-wash them after transporting titanium dioxide slurry. An employee died inside a tanker whose oxygen level measured 11 percent after nitrogen had been used to pressurize it during unloading. The Commission held that Greenleaf should have asked…
Cipriano Martinez d/b/a Martinez Masonry
Illness did not excuse late contest and $38,000 penalty
OSHA issued Martinez Masonry serious, repeat, and other-than-serious citations involving scaffolds and hazard communication. The owner filed the notice of contest after the 15-working-day deadline and argued that flu-like symptoms prevented timely action. The medical records did not show that he…
Quality Boring Co.
Default dismissal set aside for further proceedings
The judge dismissed Quality Boring's notice of contest after the company failed to answer the Secretary's complaint or respond to an order to show cause. The dismissal also affirmed citations and $7,050 in proposed penalties. The show-cause order had been returned by the Postal Service as…
Rakich Masonry
Default dismissal set aside for factual inquiry
The judge dismissed Rakich Masonry's notice of contest after the company failed to answer the Secretary's complaint or respond to a show-cause order. The dismissal affirmed a serious citation and $3,000 in proposed penalties. The company's owner later said he had not abandoned the case and had…
B. S. Carter Construction, Inc.
Willful cave-in violation results in $7,000 total penalty
Two Carter Construction employees entered a 17-foot-deep excavation in Class C soil without shoring, sloping, or a trench box. A wall collapsed and broke one employee's leg. The access ladder extended only eight inches above the surface, and the injured employee had not received training to…
The Ruhlin Company
High-visibility vest citation vacated
Ruhlin was widening a highway and had established a coned work zone next to an open traffic lane. OSHA cited the company because nine employees inside the work zone were not wearing high-visibility vests. The Commission held that 29 C.F.R. § 1926.95(a) did not cover warning garments because the…
United States Postal Service and National Association of Letter Carriers, Branch 51
Reflective-clothing citation vacated
OSHA cited the Postal Service after a vehicle struck a letter carrier's pushcart while she crossed a street near twilight. The Postal Service already offered reflective vests and issued uniforms with reflective strips, but OSHA argued that carriers needed garments meeting an ANSI high-visibility…
Buckeye Ready Mix, Inc.
Mixer lockout violations result in $8,000 penalty
A Buckeye Ready Mix crew entered a concrete mixer drum to remove hardened concrete. After the drum was repositioned, the circuit breakers were not locked out again, and the drum closed while an employee remained inside, fatally crushing him. The judge found Buckeye's written energy-control…
Decker Construction
Trench violations result in $5,625 penalty
Decker employees worked in a seven-foot excavation while relocating a fire hydrant. The company had not trained one crew member in excavation hazards, provided no ladder or constructed ramp, left spoil at the edge, and did not slope or shore the Type B soil as required. Those four items were…
Trinity Marine Products, Inc.
Five plant-safety items affirmed with $3,050 penalty
OSHA inspected Trinity's Louisiana barge-building plant under a warrant after the company initially denied entry. The judge rejected Trinity's constitutional and inspection-procedure challenges. Safety violations were affirmed for improperly spaced grinder tongue guards, misuse of a junction box…
Cagle’s, Inc.
Waste-breading hazard items partly affirmed
Cagle's operated a chicken-processing plant where two employees died in a waste-breading trailer after carbon dioxide created an oxygen-deficient atmosphere. OSHA alleged that the trailer was a permit-required confined space and that Cagle's failed to label containers and train employees about…
Diamond Installations, Inc.
Willful forklift and fall violations reduced to serious
Diamond installed exterior wall panels on a high-rise construction project in New York City. A gang foreman gave a forklift key to an employee who had not completed the required operator training, and the employee died when the forklift tipped over. OSHA also observed three Diamond employees…
StarTran, Inc.
Record-production citation affirmed
StarTran was a nonprofit corporation that provided bus transportation services for Austin, Texas, under an agreement with the public transit authority Capital Metro. OSHA cited StarTran for failing to provide injury and illness records to an authorized government representative. StarTran stipulated…
Motiva Enterprises, LLC
Propane-terminal process-safety citations vacated
Motiva operated a propane distribution terminal next to a refinery where storage tanks supplied propane to customer tanker trucks through connecting pipes. OSHA cited the terminal under the process safety management standard, relying on refinery tanks that normally held more than the 10,000-pound…
Lewis County Dairy Corp.
Widespread safety violations result in $72,750 penalty
OSHA found extensive safety deficiencies at Lewis County Dairy's kosher dairy plant, including missing safety programs, inadequate lockout practices, unguarded equipment, electrical hazards, deficient fall protection, and insufficient hazard communication. Of the 33 serious citation items, the…
Beverly Healthcare-Hillview
Bloodborne-pathogen cost citations vacated
Two nurses at Beverly's nursing home received needlesticks and obtained post-exposure medical treatment during non-working hours. Beverly paid the medical charges but did not pay the employees for their time or travel expenses. The Commission found that the bloodborne-pathogens requirement to…
Midwest Roofing & Custom Metals
Parapet work without fall protection results in $1,000 penalty
Two Midwest Roofing employees stood on a narrow parapet wall while installing metal capping about 23 feet above the ground. Midwest argued that the roof and an exterior scaffold were less than six feet below the workers. The judge found that the scaffold was at least six feet below and, because it…
Austin Bridge and Road, L.P.
Crane crushing citation vacated for lack of hazard recognition
An Austin Bridge crew installed concrete traffic barriers using a truck crane parked close behind a flatbed trailer. The crane carrier was inadvertently left in reverse and moved backward, fatally crushing one employee and injuring another. OSHA alleged that employees should have been kept out of…
A.E.Y. Enterprises
Excavation-shoring case remanded for factual findings
A.E.Y. Enterprises installed a shoring system in an excavation at the University of Rochester. OSHA cited the company for failing to provide an adequate cave-in protective system, but the judge vacated the citation after finding OSHA had not proved the excavation was at least five feet deep. The…
Joseph Watson, D/B/A Joseph Watson Masonry
Attorney-fee case partly reversed and remanded
Joseph Watson Masonry sought fees and expenses under the Equal Access to Justice Act after several construction citations were vacated, reclassified, or assessed at lower penalties. The Commission held that an employer can be a prevailing party on a discrete issue when it succeeds in reducing a…
Meridian Construction and Development, LLC
General contractor receives $2,000 penalty for site hazards
Meridian was the controlling general contractor on a condominium project where subcontractors created electrical, falling-object, and ladder hazards. OSHA found open temporary power boxes, an inadequately insulated cord splice, missing toeboards above a busy breezeway, and a job-made ladder that…
Masonary Solutions, LLC
Misplaced citation packet leaves $4,500 penalty final
After a construction inspection, OSHA hand-delivered two citations to Masonary Solutions when an earlier certified mailing was returned unclaimed. The company president refused to sign for the packet, placed it unopened on a desk, and later said it had been shuffled around and lost. He did not file…
Kokosing Construction Co., Inc.
Electrical-cord protection violation affirmed
Kokosing employees tried to pull a braided wire choker from beneath energized 480-volt electrical cords and water hoses at a sewer project. A protruding wire strand pierced a cord, energized the choker, and shocked two employees; one required CPR and both recovered. The Commission upheld a…
Martin C. Heck Brick Contracting Co.
Scaffold fee request partly granted and remanded
OSHA cited Heck for repeat scaffold fall-protection violations after observing employees on an unguarded scaffold about 21 feet above the ground. The underlying citation was vacated because testimony showed the employees were raising the scaffold, an activity governed by a different provision. In…
D-J's Well Service and Roustabout, Inc.
Pump-jack citation vacated because another company controlled the crew
A crew supplied by D-J's was re-leveling an oil-field pump jack when the unit tipped over and fatally crushed a worker. The parties agreed that the work method presented a recognized hazard with feasible means of abatement. The disputed issue was whether the exposed workers were employees of D-J's…
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.