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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The Residences at Boland Place
Building wage classification affirmed
P & M Holdings planned Boland Place as a mixed-use apartment development with four upper residential floors, a club level, and a lower sublevel. Davis-Bacon guidance generally uses a residential wage determination for apartment buildings with no more than four stories and a building determination…
Burt v. National Railroad Passenger Corp. (Amtrak)
Retaliation finding affirmed, two remedies reversed
Amtrak electrical technician William Burt reported improperly installed battery chargers to his supervisors and OSHA. Four years later, a foreman referenced Burt's related ethics complaint during a dispute and then canceled the shift's overtime, which the ALJ found was retaliation for the earlier…
Vudhamari v. Advent Global Solutions
Summary dismissal adopted
Naveen Vudhamari brought claims against Advent Global Solutions under the H-1B worker provisions of the Immigration and Nationality Act. The Board had earlier remanded because the pro se complainant was not notified that Advent's motion would be treated as a summary-decision motion. On remand, the…
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC
Temporary reinstatement affirmed
Roger Cook, a fire boss at Rockwell Mining's Eagle #3 Mine, reported to MSHA that a pump's ground-monitor protection had been bypassed. Rockwell suspended him the next day and terminated him four days later, while asserting that separate misconduct involving a scoop's defective panic bar caused the…
Destiny Builders Construction Services, Inc.
Five citation items affirmed by default
OSHA issued Destiny Builders three serious and two other-than-serious citation items after inspecting a Chicago construction site. The company filed a notice of contest and eventually answered the complaint after an initial show-cause order. It then failed to register for electronic filing, respond…
Diamond 3S, LLC
In re Diamond 3S, LLC (EAB CWA Appeal No. 21-(01)): Board declines review and initial decision becomes final
Diamond 3S, LLC was the respondent in an EPA Clean Water Act penalty proceeding. On March 12, 2021, the Presiding Officer issued an Initial Decision and Default Order. Neither party appealed that decision. The Environmental Appeals Board declined to review the case on its own initiative under 40…
Administrator, Wage and Hour Division, USDOL v. Spate Business Solutions, LLC
H-1B enforcement order affirmed
The Wage and Hour Division found that Spate committed several H-1B program violations involving required wages, labor condition application information, notices, records, and cooperation with the investigation. The ALJ presumed that the Detroit District Director had authority to issue the…
Administrator, Wage and Hour Division, USDOL v. Broadgate, Inc.
Notice remedies remanded
The Wage and Hour Division found that Broadgate willfully failed to post notices for H-1B labor condition applications and imposed civil penalties and debarment. An ALJ found that the violations occurred but reversed the agency determination because the record did not prove that the Detroit…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Three serious-hazard findings affirmed
Consol Pennsylvania Coal did not dispute three violations at the Harvey Mine but challenged whether they were significant and substantial. One violation involved missing reflectorized signs required to warn miners about unsupported roof, and two involved badly damaged hoisting cables left available…
Secretary of Labor v. The Creator's Stone
Small stone quarry held subject to Mine Act
The Creator's Stone removed layered stone from a small Arkansas site, broke and sorted pieces, stacked them on pallets, and sold the stone. The owner argued that the operation was a borrow pit rather than a mine and therefore did not need to notify MSHA or provide new-miner training. Judge William…
George Weis Company
Guardrail-strength citation vacated for insufficient proof
George Weis Company employees were installing soffits at a Missouri hotel construction project. An employee used a wire-rope guardrail midrail for support while standing up, fell through the midrail and top rail, and landed on an aerial lift below, suffering serious injuries. OSHA alleged that the…
Jones Brothers, Inc. v Secretary of Labor and Secretary of Labor v. Jones Brothers, Inc.
Jones Brothers, Inc. v. Secretary of Labor (FMSHRC SE 2016-0218 RM): Road-project excavation held to be a mine
Jones Brothers excavated limestone for a Tennessee highway repair project by drilling, blasting, breaking oversized rock, separating dirt, and selecting rock that met state size and drainage specifications. The company argued that the site was a borrow pit outside MSHA jurisdiction. After a new…
Matter of Mavis Nyarko MENSAH
Prior marriage misrepresentation blocked adjustment
The Board reviewed a Ghanaian respondent's appeal after an Immigration Judge denied her application to adjust status to permanent residence. The Immigration Judge found that she had willfully misrepresented facts about living with her first husband during a USCIS interview to remove the conditional…
Secretary of Labor v. Vulcan Construction Materials, LLC
Air-brake valve citation vacated
MSHA cited Vulcan Construction Materials after an inspector heard and felt air escaping near a water truck's service relay valve at the Blairsville Quarry. The truck passed its braking test, and the inspector relied on the audible release while another person held the brake pedal. Vulcan's brake…
Samaroo v. Bank of New York Mellon
District-court filing ends DOL jurisdiction
Karamchand Samaroo appealed an ALJ decision granting Bank of New York Mellon's motion for summary judgment on his Sarbanes-Oxley complaint. While the appeal was pending, Samaroo filed an original action in the United States District Court for the Eastern District of New York under the governing…
Solvchem, Inc.
In re Solvchem, Inc. (EAB TSCA Appeal No. 21-01Q): $9,738 penalty paid and matter resolved
EPA alleged that Solvchem, Inc. violated section 12(b) of the Toxic Substances Control Act and the Notice of Export rule requirements at 40 C.F.R. part 707. EPA's complaint sought a $9,738 penalty. Solvchem paid the full proposed penalty, which waived its right to contest the allegations and appeal…
Matter of A-S-M-
Withholding may cover a different removal country
The Board reviewed a withholding-only case involving a Mexican removal order and an applicant who later identified himself as a citizen of Honduras. The Department of Homeland Security said it might remove him to Honduras, but the Immigration Judge considered only his fear of removal to Mexico. The…
Barton v. IFPTE Local 4, Portsmouth Naval Shipyard
Unopposed settlement approved
Joseph Barton and IFPTE Local 4 jointly asked the ALJ to approve their settlement of a labor standards-of-conduct case. The parties represented that the agreement was fair, reasonable, and adequate, and the ALJ approved it. The case then went to the Board under the Civil Service Reform Act's…
Thibeaux v. Edward Jones Investments
Untimely SOX complaint dismissed
Edward Jones Investments employed Joseph Thibeaux until he resigned in September 2012 and rejected his application for rehire in July 2013. Thibeaux filed the complaint at issue with OSHA in August 2017, long after the 180-day deadline for either alleged adverse action. The ALJ credited his…
Twyman v. TaxMasters, Inc.
Dormant SOX appeal dismissed
Mark Twyman's SOX case was pending before the Board when TaxMasters sought bankruptcy protection in 2012, triggering an automatic stay. The Board later required quarterly bankruptcy status updates, but the last report it received was dated August 2019. In February 2021, it ordered the parties to…
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC
Fire boss temporarily reinstated
Roger Cook, a fire boss at Rockwell Mining's Eagle #3 Mine, locked and tagged out a pump cable after finding that its ground-monitor protection had been bypassed. He then discussed the condition with an MSHA inspector in front of mine management. Rockwell suspended Cook the next day and terminated…
Matter of Margaret VUCETIC
Impaired driving conviction is moral turpitude
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a Canadian lawful permanent resident. The respondent had two convictions under New York law for aggravated unlicensed operation of a motor vehicle while under the influence, with knowledge or reason to…
Ingrodi v. CSX Transportation, Inc.
Illness may create an FRSA safety hazard
CSX Transportation terminated conductor Nicholas Ingrodi under its attendance policy after he missed work while suffering from vomiting and diarrhea. The ALJ granted summary decision to CSX because Ingrodi's personal, non-work-related illness could not create a hazardous safety or security…
Moody v. National Western Life Insurance Co.
Business losses outside SOX employee protection
Robert Moody Jr. owned an insurance business that sold policies for National Western Life Insurance Company, and he was also a major shareholder in National Western. After Moody raised concerns about foreign sales disclosures, he alleged that National Western harmed his company by canceling an…
Patricia Reed, Administratrix of the Estate of S. Scott Sittner v. Jacobs Engineering Group
Reed v. Jacobs Engineering Group (DOL ARB 2019-0062): internal quality-plan concerns not PSIA protected
Jacobs Engineering hired S. Scott Sittner for a trial period to manage quality auditors supporting Southern California Gas's pipeline program. Sittner said inadequate auditor training and documentation created a stop-work condition, and Jacobs ended his trial period before its planned end. The…
Matter of Mouafak AL SABSABI
Counterfeit currency conspiracy is moral turpitude
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a Syrian lawful permanent resident. The respondent had been convicted of conspiracy under 18 U.S.C. § 371, with the underlying offense involving the sale of counterfeit currency under 18 U.S.C. § 473…
Secretary of Labor v. Bailey Quarries, Inc. and Secretary of Labor v. Carroll County Stone, Inc.
Secretary of Labor v. Bailey Quarries, Inc. and Carroll County Stone, Inc. (FMSHRC CENT 2020-0043): Four assessments conditionally reopened
Bailey Quarries and Carroll County Stone mistakenly sent four penalty contests with other payments to MSHA's St. Louis address instead of the Civil Penalty Compliance Office. The Secretary did not oppose reopening. The Commission found mistake sufficient to grant relief but could not determine the…
Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C.
In re Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. (EAB CAA Appeal Nos. 20-02 and 20-03): petitions dismissed as moot after permit withdrawal
Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. were involved in petitions concerning a Plantwide Applicability Limit Permit for their refinery in St. Croix, U.S. Virgin Islands. The permit was identified as EPA-PAL-VI-0001/2019 in the order. EPA offices responsible for issuing the…
Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C.
In re Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. (EAB CAA Appeal Nos. 20-02 and 20-03): petitions dismissed as moot after permit withdrawal
Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. were involved in petitions concerning a Plantwide Applicability Limit Permit for their refinery in St. Croix, U.S. Virgin Islands. The permit was identified as EPA-PAL-VI-0001/2019 in the order. EPA offices responsible for issuing the…
American Security Programs, Inc. v. USDOL, Wage and Hour Div.
American Security Programs, Inc. v. USDOL (DOL ARB 2019-0084): bridge contract preserves SCA successorship
The National Archives used a one-year sole-source contract with American Security Programs to prevent an interruption in guard services while it conducted a competitive procurement for a full-term contract. American Security won the later competition and asked to use its own collective bargaining…
Secretary of Labor v. Copenhaver Construction, Inc.
Change of mind did not justify reopening
Copenhaver Construction asked the Commission to reopen penalty assessments covering 15 citations after it had paid $8,062. The company later contested a specially assessed penalty from the same inspection and then decided it wanted to contest every citation from that inspection. The Commission…
Secretary of Labor v. River View Coal, LLC
Emailed contest supported reopening
River View Coal asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had attempted to email its notice of contest before the deadline, and the Secretary did not oppose reopening. The Commission found good cause to relieve River…
Secretary of Labor v. Cargill Deicing Technology
Misdirected contest forms reopened
Cargill Deicing Technology sought to reopen two penalty assessments that had become final orders. The company said it inadvertently mailed the contest forms with payment for other citations to MSHA's St. Louis address. The Secretary did not oppose reopening but urged Cargill to send future contests…
Patterson-UTI Drilling Company, LLC
Well-control general duty item vacated and settlement terms approved
A blowout and explosion at Patterson-UTI's Oklahoma natural-gas drilling rig killed five people, including three Patterson-UTI employees. OSHA alleged under the general duty clause that Patterson-UTI failed to maintain well control and exposed employees to recognized fire and explosion hazards. The…
Leviege v. Vodafone US, Inc.
SOX complaint fails without a protected report
Patricia Leviege worked on invoice accuracy for a Vodafone project that inventoried electronic equipment used by Bank of America. She alleged that Vodafone retaliated after she raised concerns including billing for incomplete work, overstated revenue, false inventory data, billing-file…
Tampa Electric Company
Ammonia-response respirator citation vacated
Anhydrous ammonia was released at Tampa Electric's Florida power plant after a safety system diverted excess ammonia to a water-filled sump and the sump became saturated. Three contract security guards experienced adverse health effects and two were hospitalized, while trained Tampa Electric rovers…
Build-It Bros., L.L.C.
In re Build-It Bros., L.L.C. (EAB TSCA Appeal No. 20-06): sua sponte review order vacated and default order moves toward finality
The Environmental Appeals Board had elected to review a Default Order against Build-It Bros., L.L.C. on its own initiative because of concerns about service of the Motion for Default and the Default Order. EPA later submitted a response and supporting materials addressing service, and the…
Klinger v. BNSF Railway Co.
Retaliation analysis must test actual contribution
Travis Klinger reported a work-related shoulder injury and took medical leave from BNSF Railway. After he did not respond to the railway's medical-care program or timely provide medical information ordered by a manager, BNSF imposed a record suspension. The ALJ found retaliation, awarded punitive…
U.S. Postal Service d/b/a Lehigh Valley Processing & Distribution Center
Lockout violation reduced to other-than-serious
The U.S. Postal Service repaired a broken conveyor belt within its Automated Package Processing System at a Pennsylvania mail facility. Management directed mechanics to lock out only the affected induction lane so the rest of the system could continue processing mail, despite employee objections…
Govindarajan v. N2 Services, Inc.
Appeal dismissed for failure to serve brief
Vasanth Govindarajan petitioned the Board to review his case against N2 Services. The Board's briefing schedule warned him that he had not served the petition and required him to serve all later filings on the company. Govindarajan filed an opening brief but did not serve it as required. His…
Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC
Economic reinstatement agreement approved
The Secretary sought temporary reinstatement for Tracy Lewis while his discrimination complaint against Tip Top Materials remained pending. Tip Top did not timely request a hearing, and Judge Michael G. Young had already ordered Lewis temporarily reinstated. The parties then agreed that Tip Top…
Matter of Juan Pablo AGUILAR-MENDEZ
Assault conviction barred cancellation
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied cancellation of removal and voluntary departure. The respondent had been convicted in California of assault by means of force likely to produce great bodily injury. The Board held that the conviction is categorically…
Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC
Foreman temporarily reinstated
Tracy Lewis, a foreman at Tip Top Materials, participated in an MSHA investigation concerning his son's alleged firing for making a safety complaint. The Secretary alleged that Lewis was then fired under circumstances suggesting a connection to that protected activity. Tip Top did not timely…
Clem v. Computer Sciences Corp.
Hanford IT complaints support ERA liability
Computer Sciences Corporation employed Kirtley Clem and Matthew Spencer on an IT system for occupational medical services at the Department of Energy's Hanford site. They raised concerns about the system's reliability with DOE and later met with personnel from the incoming prime contractor about…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Lifeline obstruction citation affirmed
At Consol's Harvey Mine, nine hydraulic hoses extended beneath a lifeline in an alternate escapeway. Judge John Kent Lewis found that the placement could force miners to identify and maneuver around a trip hazard during a smoke-filled emergency, so the lifeline was not located for effective escape…
Secretary of Labor v. Marfork Coal Company
Incorrect receipt date supported reopening
Marfork Coal missed a penalty-contest deadline after a delivery delay caused staff to record the assessment as received two days later than its actual delivery date. The company mailed its contest by the incorrectly calculated deadline, learned of the delinquency the next month, and moved to reopen…
Matter of Sanny Montefar NEMIS
Visa fraud conspiracy is moral turpitude
The Board reviewed a Filipino lawful permanent resident's appeal after an Immigration Judge found him inadmissible for a visa-fraud conspiracy and denied cancellation of removal. The Board held that the federal conspiracy statute is divisible and that the underlying visa-fraud statute is also…
H-E-B, LP
Meat-saw hand-tool citation vacated under plain text of standard
An H-E-B employee suffered a substantial hand laceration while cutting a shoulder roast on a meat-cutting band saw. OSHA issued a willful citation alleging that H-E-B failed to provide a special hand tool that would keep employees' hands outside the danger zone. On cross-motions for summary…
StormForce of Jacksonville, LLC
Controlling-employer roofing citation vacated
StormForce served as general contractor for a Florida residential roofing project performed by its regular subcontractor. OSHA observed all five subcontractor employees working on a low-slope roof without a compliant form of fall protection and cited StormForce as a controlling employer. The…
Dave Erlanson, Sr.
In re Dave Erlanson, Sr. (EAB CWA Appeal No. 20-03): Appeal dismissed and $6,600 penalty left in place
Dave Erlanson, Sr. appealed an Administrative Law Judge's decision assessing a $6,600 penalty for discharging pollutants from a suction dredge into the South Fork Clearwater River in Idaho without the required authorization. The Environmental Appeals Board dismissed the appeal because it consisted…
Chambers v. BNSF Railway Co.
Questionnaire dishonesty establishes same-action defense
Gregory Chambers reported an injury while employed by BNSF Railway and later alleged that the company fired him in retaliation. BNSF said it dismissed him for answering no when a pre-employment medical questionnaire asked about prior litigation, injuries, and surgery, despite his earlier railroad…
FreightCar America, Inc.
Slip-and-fall citation vacated because parent company was not proven to be employer
A worker at an Alabama railcar manufacturing facility was hospitalized after slipping from a steel sheet onto roller-bed crossbeams and sustaining facial and abdominal injuries. OSHA cited FreightCar America, Inc. under the general duty clause for the slip-and-fall hazard. The Commission found that…
MasTec North America, Inc. dba MasTec Advanced Technologies, Inc.
Energized-line citation vacated for lack of employer knowledge
A MasTec crew was relocating energized overhead power lines in Florida when a lineman contacted an energized conductor and died. OSHA alleged that the conductor was not properly insulated when the lineman entered the minimum approach distance. The Commission majority found that the Secretary failed…
Ceco Concrete Construction, LLC
Formwork violations affirmed with grouped penalty
Ceco Concrete Construction was installing perimeter formwork tables on the 16th floor of a Florida condominium project when a corner table fell from the building and pulled an employee with it, causing his death. The Commission affirmed a design violation because Ceco's procedures accounted for…
Kossen v. Empire Airlines
Recusal appeal denied
Darren Kossen asked the Board to review an ALJ's denial of a recusal motion before the underlying AIR21 case was complete. He alleged bias because the ALJ had ruled against him in an earlier case and because the ALJ's son worked for an airline. The Board explained that interlocutory appeals are…
Lancaster v. Norfolk Southern Railway Co.
Hours-of-service objection supports retaliation award
Norfolk Southern locomotive engineer Scotty Lancaster was nearing the federal 12-hour duty limit when his supervisor directed him to write a statement about a train delay. Lancaster initially objected that completing it would put him over his hours, then agreed after consulting his union…
United States Postal Service
Ceiling-tile housekeeping citation vacated as outside standard's scope
OSHA inspected a Postal Service facility in Dora, Alabama after an employee complained about mold and mildew from water leaking onto ceiling tiles. The compliance officer observed stained and discolored ceiling tiles and insulation, but the record did not establish that mold or mildew was present…
Matter of L-L-P-
Abuser status must exist during abuse
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied special rule cancellation of removal based on alleged spousal abuse. The Board held that the abuser must have been the applicant's lawful spouse and either a United States citizen or lawful permanent resident when…
Secretary of Labor v. Southern Aggregates, LLC
Informal-conference mistake supported reopening
Southern Aggregates missed a penalty-contest deadline because it mistakenly believed a pending informal conference stayed the deadline. The operator discovered the error during an internal review and submitted its contest six days after the assessment became final. It also adopted a procedure…
Oberg v. Quinault Indian Nation
Clinic care concerns outside ACA Title I protection
Peggy Oberg worked as a nurse practitioner at a health clinic operated by the Quinault Indian Nation. She alleged that the Nation terminated her after she raised concerns about prescribing practices, patient records, funding, accreditation, referrals, and other clinic-management and care issues…
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.