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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California Blowpipe and Steel Co., Inc.
Withdrawal approved without liability disclaimer
California Blowpipe sought to withdraw its notice of contest and tendered the full $500 penalty after immediately abating the alleged violation. Its first motion made payment conditional on ending the litigation and disclaimed any responsibility or liability. The Secretary objected to that…
Broadview Construction Co.
Forklift worker-lifting penalty raised to maximum
Broadview used a forklift to lift six employees and 25 long sheets of roofing material to a roof about 24 feet above the ground. The employees had no secured personnel platform or way to shut off the lift, and all six were seriously injured when the forklift toppled at a height of about 26 feet…
Hess Oil Virgin Islands Corp.
Withdrawal order amended to affirm citation
Hess Oil sought to withdraw its contest of a serious citation after the cited storage-tank operations ended because the tanks had been destroyed. The company stated that it was in compliance and would remain so, paid the proposed $700 penalty, and posted the withdrawal papers without receiving…
Pleasant Valley Packing Co., Inc.
Citations vacated after contest letter was not forwarded
OSHA issued Pleasant Valley Packing a citation containing 21 nonserious items after inspecting its meat-processing and packaging plant. Two days after receiving the citation and penalty notice, the company wrote to the Area Director that the proposed penalties were unjustified and asked that they…
The Mountain States Telephone & Telegraph Company
Unsafe-tool citation vacated for lack of knowledge
A Mountain States employee collapsed and died while using an electric impact wrench that was later found to have unsafe internal wiring and a short circuit. OSHA initially issued a serious electrical-grounding citation with a proposed $600 penalty, then amended it to a nonserious unsafe-tool…
Chicago Bridge & Iron Company
Citation and $800 penalty affirmed after withdrawal
OSHA issued Chicago Bridge & Iron one serious citation and proposed an $800 penalty. The company contested the case, then moved to withdraw its notice of contest after the storage-tank operations ended and the tanks were destroyed. It stated that it was in compliance, paid the $800 penalty, and…
G. & C. Foundry Co.
Default order reversed after employer tried to answer
The Secretary sought a default judgment because G. & C. Foundry had not filed a formal answer to the complaint. The employer responded with letters explaining its attempts to follow Commission procedure and stating its position on the contested items. It also complied with prehearing requirements…
Brent Towing Co., Inc.
Uncontested citation items restored
OSHA cited Brent Towing for 10 non-serious violations and proposed penalties totaling $310. The judge vacated the entire citation after finding that the Secretary had not promptly forwarded the employer's contest letter to the Commission. The Commission later found that items 5 through 9 had never…
Hanovia Lamp Division, Canrad Precision Industries, Inc.
Serious citation vacated for lack of employer knowledge
Hanovia manufactured lamps and employed an experienced laboratory technician who worked alone while testing high-voltage equipment. The technician created an unsafe arrangement involving exposed energized components and was electrocuted. OSHA cited the company under the general duty clause and…
Swift Trucking Company
Log-handling citation and $550 penalty affirmed
OSHA cited Swift Trucking under the general duty clause for removing binders from a load of logs before the loading machine was in place. The company contested the serious citation and proposed $550 penalty, then asked to withdraw its contest. Swift Trucking stated that it had abated the condition…
ESS-BEE Knitwear Company, Inc.
Failure-to-correct penalties affirmed after withdrawal
OSHA notified ESS-BEE Knitwear that it had failed to correct cited violations and proposed $630 in additional penalties. The company filed a timely contest, then asked to withdraw it. ESS-BEE represented that the violations had been abated, tendered the proposed penalty, promised continuing…
Ralph Morse Furniture Co.
Default set aside and withdrawal approved
The judge struck Ralph Morse Furniture's notice of contest because the company had not answered the Secretary's complaint. After that order, the parties jointly submitted a withdrawal motion and supporting stipulation that had not been before the judge. The Commission treated the new joint filing…
John Hicks Oldsmobile, Inc.
Seven citations affirmed with more abatement time
OSHA cited John Hicks Oldsmobile for seven non-serious violations and proposed penalties totaling $155. The company and the Secretary stipulated to withdrawal of the contest, payment of the penalties, and more time to correct item 4. The Secretary also agreed to provide an interpretation of the…
United Sheet Metal Co.
Withdrawal approved for all five citation items
OSHA cited United Sheet Metal for five non-serious violations. The employer first withdrew its penalty contests for items 2 through 5, then sought to withdraw its remaining contest to item 1. The judge found that the company had not yet documented abatement, payment, service, and posting for item…
Stylhomes, Inc.
Seven citations and $104 penalty affirmed
OSHA cited Stylhomes for seven other-than-serious violations and proposed penalties totaling $104. The company contested the case, then moved to withdraw its notice of contest. Stylhomes certified that it had corrected the cited conditions, would maintain abatement and continuing compliance, had…
Atlantic Concrete, Inc.
Mixed ruling on floor opening and crane citations
Atlantic Concrete was cited for an unguarded floor opening and several recordkeeping, posting, first-aid, and crane-related conditions. The parties stipulated that several non-serious items were unsupported, inapplicable, or abandoned. The judge vacated those items, affirmed two crane violations…
Becker Brothers Carbon Co.
Penalties reduced to $280 in withdrawal stipulation
OSHA cited Becker Brothers Carbon for 15 other-than-serious violations and proposed $330 in penalties. The parties stipulated that the company had corrected all cited conditions and would continue to comply. They also agreed to eliminate the $50 penalty for item 14 because the company president…
Otis Elevator Company
Serious and non-serious citations affirmed
OSHA issued Otis Elevator one serious and one non-serious citation with proposed penalties of $500 and $150. The Secretary amended the description of the non-serious violation, then sought another amendment to return the citation to its original wording. Before the hearing, Otis moved to withdraw…
Detroit Printing Pressmen Local No. 13, International Printing Pressmen & Assistants Union of North America, AFL-CIO
Union's noise-abatement extension request dismissed
OSHA cited the Evening News Association for excessive workplace noise and set deadlines for temporary protection and longer-term controls. Neither the employer nor the union contested the citation, so it became final. The union later asked the Commission to extend the abatement period because the…
Chicago Lumber Co., Inc.
Serious citation and $550 penalty affirmed
OSHA issued Chicago Lumber serious and non-serious citations with proposed penalties of $550 and $400. The company contested only the serious citation, so the non-serious citation became final without review. Chicago Lumber later stipulated to withdrawal of its contest, paid the $550 proposed…
D. C. Taylor Roofing Co., Inc.
Serious citation and $500 penalty affirmed
OSHA issued D. C. Taylor Roofing a serious citation and proposed a $500 penalty. The Secretary's complaint listed the wrong worksite address, then the Secretary moved to amend it to restore the correct address from the citation. The company later stipulated to withdrawal of its contest, paid the…
Equipco Contractors, Inc.
Serious citation and $500 penalty affirmed
Equipco Contractors contested a serious citation and proposed $500 penalty, then asked to withdraw before the scheduled hearing. The company stated that it had completed abatement, tendered the penalty, and would continue to comply with the Act. It served the motion on the parties and employee…
Colonial Craft Reproductions, Inc.
Seven items affirmed but all penalties vacated
Colonial Craft, a very small wooden-giftware manufacturer, was cited for nine non-serious violations, with $165 in penalties proposed for spray-area electrical wiring, exit signs, machine belts, and radial saws. The Commission agreed that the penalized conditions were not minor and ordinarily would…
Hydroswift Corporation
$120 penalty affirmed for four higher-gravity items
Hydroswift, a fiberglass-boat manufacturer, did not dispute 12 non-serious violations and contested only four $30 penalties. The penalized items involved missing stair and open-floor railings, improper storage of flammable liquids, combustible residue in spray areas and on sprinkler protection, and…
Banner Engineering Corporation
Nine items affirmed and $30 penalty vacated
OSHA cited Banner Engineering for nine non-serious violations and proposed a $30 penalty for item 1. The company did not dispute the violations and reported that it had corrected all items, but it challenged the penalty because it had little time to correct the conditions before inspection. The…
Anderson Excavating & Wrecking Co., Inc.
Three items and $335 affirmed
OSHA cited Anderson Excavating & Wrecking for three other-than-serious violations and proposed penalties totaling $335. The company and the Secretary stipulated to withdrawal of the contest. Anderson paid the proposed penalties, stated that it had corrected the conditions and would maintain…
Singleton Sheet Metal Works, Inc.
Contest reinstated for timeliness hearing
A judge first vacated Singleton Sheet Metal's citation because the Secretary allegedly forwarded the contest too late, then reversed himself and dismissed the employer's contest as late. The Commission held that the judge lacked jurisdiction to reconsider his first dispositive order after…
Singleton Sheet Metal Works, Inc.
Contest reinstated for timeliness hearing
Singleton Sheet Metal Works contested a no-serious citation carrying a $25 penalty. The judge first vacated the citation because the Secretary allegedly forwarded the contest too late, then reconsidered and dismissed the contest as untimely. The Commission held that the judge lacked jurisdiction to…
E. A. Roos & Company
Withdrawal order corrected to include all contested items
E. A. Roos contested citation items 1 through 5, 7, and 8, then stipulated that the violations existed and had been abated. The parties agreed that no penalty should be assessed for item 7's ungrounded electric hand tool and that $260 was reasonable for the remaining violations. The judge approved…
Arnold Hansen, dba Hansen Brothers Logging
Loader-swing citation vacated
Hansen Brothers Logging used a rotating log loader whose counterweight created a hazardous swing area near a truck trailer. An employee entered that area during loading and was fatally injured. OSHA cited the employer under the general duty clause and proposed a $500 penalty. The Commission found…
Cook Ford Sales, Inc.
Contest dismissed after abatement certifications were not filed
OSHA cited Cook Ford Sales for nine non-serious violations and initially proposed $165 in penalties. The Secretary's complaint removed two items and their two $25 penalties, leaving $140. The company sent a $140 check and asked to end the case, but it did not respond to repeated requests to certify…
Waldinger Corporation
Citation vacated for insufficient evidence
OSHA issued Waldinger an other-than-serious citation and later amended the abatement date and proposed penalty notice. An earlier order had dismissed the company's contest for failure to certify service, but the case was reinstated. The Secretary then moved to dismiss the complaint and citation…
Constructora Metalica, Inc.
Crane citation vacated after denial of a fair hearing
A crane collapsed during dismantling at Constructora Metalica's apartment project, killing one employee and seriously injuring another. OSHA issued a serious general duty clause citation and proposed a $750 penalty. The Commission found that the parties had received notice only of a prehearing…
Spencer Foods, Inc.
Two items vacated and all penalties eliminated
OSHA cited Spencer Foods for multiple non-serious conditions at its meat-processing plant, including access, ladder, guarding, fire-safety, vehicle, and protective-equipment issues. The judge found that the Secretary had not proved that a fixed ladder was covered by the cited portable-ladder rule…
Mayaguez Shoe Corp.
Pro se response accepted and default reversed
OSHA issued Mayaguez Shoe one serious and one non-serious citation with proposed penalties totaling $780. Acting without counsel, the company timely contested and later wrote to the Secretary about posting, prompt abatement, good faith, and its need for procedural help. The judge dismissed the…
Mayaguez Shoe Corp.
Pro se contest reinstated and remanded
Mayaguez Shoe received one serious and one other than serious citation with proposed penalties totaling $780. The company filed a timely contest without counsel and later wrote to the Secretary about posting, procedural assistance, prompt abatement, and good faith. The judge dismissed the contest…
National Realty & Construction Company, Inc.
Passenger-riding citation affirmed with reduced penalty
A foreman rode on the step of a front-end loader that was towing equipment down a dirt ramp. The loader stalled and overturned, fatally injuring the foreman after he left the step. OSHA cited National Realty under the general duty clause and proposed an $800 penalty for allowing passenger riding on…
Columbus Forge & Iron Company
Noise-abatement plan deadline extended
Columbus Forge & Iron contested a citation under OSHA's occupational-noise standard. The parties agreed that the company needed more time to prepare engineering and administrative control studies. They extended the deadline for a proposed compliance plan from August 9 to September 1, 1972, while…
Chrysler Corporation
Contested item vacated and remaining citation affirmed
OSHA issued Chrysler a citation and amended citation containing several non-serious items. Chrysler contested only item 6 and its proposed $30 penalty, so the complaint and answer addressed only that item. After reviewing the evidence, the Secretary moved to amend again and dismiss the complaint…
Spildie Construction Company
Abatement certification required to complete withdrawal
OSHA cited Spildie Construction for 20 non-serious violations and proposed $445 in penalties for 12 items. The company contested only the penalties, then moved to withdraw and tendered the full amount. The Commission found that the withdrawal papers did not certify correction of the cited…
Trailmobile Division of Pullman, Inc.
No-penalty item affirmed after withdrawal
OSHA cited Trailmobile's steel-fabricating plant for 13 violations. The company contested only item 7, so the other 12 items and their combined $425 penalties became final without review. The parties later stipulated that item 7 had been corrected, continuing compliance would be maintained, and the…
John H. Boyson, dba Boyson Construction Co.
Withdrawal conditioned on employee service
Boyson Construction moved to withdraw its contest after correcting the cited condition, tendering the $200 proposed penalty, and promising continuing compliance. The judge approved withdrawal even though the motion did not show that affected employees or their representative had received it. The…
Alaska Wood Products, Inc.
Poster item and $50 penalty vacated
OSHA cited Alaska Wood Products for 41 non-serious violations and proposed penalties totaling $645. The company contested only item 1, which alleged failure to display the official employee-rights poster and carried a $50 penalty. Further investigation showed that an authorized Labor Department…
Jaso-Carol Dress Co., Inc.
Dismissal reversed after proof of service was found
OSHA cited Jaso-Carol Dress for four non-serious violations involving fan guards, exit signs, sewing-machine drives, and an electrical junction box, with a $30 penalty on one item. The judge dismissed the company's contest because the case record appeared not to contain proof that its filings had…
Jaso-Carol Dress Co., Inc.
Contest reinstated after filing oversight
Jaso-Carol Dress timely contested four nonserious items involving fan guards, exit-sign illumination, exposed sewing-machine drives, and an uncovered junction box. The judge dismissed the contest because the record appeared not to contain proof that the contest and answer had been served on the…
Eller Brothers, Inc.
Power-line crane violations affirmed and electrical-installation items vacated
Eller Brothers used a crane beneath energized 13,500-volt lines while employees worked in a wet sewer ditch. The boom contacted a line and an employee was electrocuted. The judge vacated two electrical-installation items because those rules applied to jobsite electrical installations, not crane…
I. Steinman & Sons
Default affirmed for missing answer and employee service
I. Steinman & Sons did not file a timely answer to the Secretary's complaint. It also failed to respond to the Commission's request for proof that its contest had been served on affected employees or their representative. The judge dismissed the contest and affirmed the citation. The Commission…
Arlene Separates, Inc.
Citation affirmed after employee-service order was ignored
Arlene Separates moved to withdraw its notice of contest. The Commission ordered the company to certify that the withdrawal motion had been served on affected employees or their authorized representative, but the company did not comply. The Commission set aside its earlier order, denied withdrawal…
Standard Glass Company, Inc.
Hard-hat citation vacated as isolated employee conduct
Two Standard Glass employees left company vehicles and spent less than five minutes in a hard-hat area without protective helmets. The company had required hard hats before the OSH Act, supplied them to workers and visitors, instructed employees to wear them, and enforced the rule with discipline…
Paulmar Wire Products, Inc.
Contest reinstated because certified mail was not required
OSHA cited Paulmar Wire Products for seven non-serious violations and proposed $90 in penalties. The employer said it mailed a contest shortly after receiving the citation, but the judge dismissed because the file lacked certified-mail proof and a later copy appeared untimely. The Commission held…
Paulmar Wire Products, Inc.
Notice of contest reinstated before withdrawal
OSHA cited Paulmar Wire Products for seven nonserious machine, electrical, eye-protection, and fire-safety violations and proposed a total penalty of $90. A judge dismissed the company's notice of contest because the record lacked proof that it had been served by registered or certified mail. The…
Permaneer Corporation
Abatement deadline extended after parts delay
Permaneer asked for more time to correct citation items 7 and 8 because required replacement parts were difficult to obtain from the manufacturer. The request came after the original May 8 deadline, but the Secretary agreed to waive the timing defect because the company had made a good-faith effort…
Packaging Products Incorporated
Amended citation affirmed after abandoned contest
Packaging Products contested only the proposed penalties on a 10-item citation. It did not respond to an order to show cause addressing employee service and its failure to answer the complaint, so the judge treated the contest as abandoned. The Secretary's complaint had already removed some items…
Muller Boat Works, Inc.
Withdrawal denied for missing employee service
Muller Boat Works asked to withdraw its contest after abating the cited conditions and tendering the proposed penalty. The judge approved the request based on assurances of compliance and employee participation. The Commission found that the record did not show that the withdrawal motion itself had…
General Meat Company, Inc.
Low-gravity penalties vacated after prompt abatement
OSHA cited General Meat for electrical, drinking-water, restroom, lunch-area, and fire-extinguisher conditions and proposed $280 in penalties. The judge affirmed 12 non-serious items and allowed the Secretary to withdraw two other allegations. On review, the Commission focused on the penalties for…
California Stevedore & Ballast Company
Shackle-mousing citation vacated
California Stevedore used a spreader-bar assembly with four screw-pin shackles whose pins were not secured by wire, a practice known as mousing. OSHA cited the company under a longshoring rule requiring employer-provided screw-pin shackles used aloft to be moused unless they were part of a…
Phoenix, Inc., Legore Quarries Division
Quarry citations vacated for lack of OSHA jurisdiction
Phoenix operated a limestone-pulverizing facility at its Legore Quarries Division. OSHA issued serious and non-serious citations after an employee's leg was caught in an auger and amputated above the knee, and proposed a $750 serious penalty. The judge approved withdrawal of the contest but…
Triangle Millwork & Supply Corporation
Withdrawal approved and citation affirmed
Triangle Millwork moved to withdraw its contest after correcting all cited conditions. The company promised compliance with OSHA standards, paid the proposed penalties in full, and served the withdrawal request on all parties, including the employee representative. The Commission found that the…
Centerline Metal Products Co.
$850 withdrawal settlement approved
Centerline Metal Products moved to withdraw its contest during a prehearing conference and agreed to pay an $850 penalty. The government did not oppose the agreement. The judge approved withdrawal, ended the prehearing conference, and canceled the public hearing without deciding the merits. The…
J. E. Chilton Millwork & Lumber Company, Inc.
Six items affirmed with no penalties
OSHA cited J. E. Chilton Millwork for seven non-serious violations involving first aid, housekeeping, lunch space, extinguisher inspections, toilet partitions, equipment grounding, and compressed-air cleaning. The judge treated the toilet-partition item as de minimis, vacated that citation and…
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.