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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Midamba v. Verizon Wireless Texas, LLC
Performance record supports SOX dismissal
Nasser Midamba worked as an engineer managing real-estate initiatives for Verizon Wireless Texas. After a regional reorganization, a new supervisor concluded that he could not meet his annual goals, placed him on a performance-improvement plan, and later terminated him. Midamba alleged that the…
Titan Tire Corporation & Dico, Inc. (Southern Iowa Mechanical Superfund Site)
In re Titan Tire Corporation & Dico, Inc. (EAB CERCLA § 106(b) Petition No. 10-01): reimbursement petition withdrawn and dismissed with prejudice
Titan Tire Corporation and Dico, Inc. had a petition for reimbursement pending before the Environmental Appeals Board concerning the Southern Iowa Mechanical Superfund Site. The petition had been stayed while overlapping liability litigation proceeded in federal court. The companies reported that…
Purvis Industries, LLC, d/b/a Snake River Supply
Conveyor nip-point citation vacated for lack of predictable access
Snake River Supply employees installed a replacement conveyor belt on a customer's potato truck in Idaho. While kneeling near the operating belt to observe its tracking, an employee reached toward the truck for support and mistakenly placed his hand into an unguarded roller nip point, sustaining…
Antonellis v. Republic Airways
Safety report unrelated to random-test termination
Republic Airways first officer Brittany Antonellis filed a voluntary safety report after aircraft deficiencies were cleared through a procedure she considered unusual. A third-party administrator had already selected her for a random drug test before that flight. At the test, she could not provide…
Secretary of Labor v. RJ Valente Gravel
Duplicate dockets consolidated and reopened
RJ Valente Gravel asked the Commission to reopen default orders in four penalty dockets, and the Secretary did not oppose the motion. Two dockets covered one assessment and two covered another, so the Commission treated each pair as duplicates. It consolidated all four dockets, reopened the…
Mawhinney v. American Airlines, Inc.
Confirmed arbitration judgments preclude AIR21 claim
Robert Mawhinney alleged that American Airlines terminated him in 2011 for reporting safety concerns. A settlement of an earlier AIR21 case required the parties to arbitrate later employment disputes. One arbitration found no retaliation, and another found that the earlier result precluded further…
Onysko v. State of Utah, Dept. of Environmental Quality
Onysko v. Utah Department of Environmental Quality (DOL ARB 2019-0042): reconsideration denied
The Board had previously affirmed summary dismissal of Steven Onysko's retaliation complaint against the Utah Department of Environmental Quality. Onysko sought reconsideration, arguing that the Board had misstated the treatment of his declaration, undervalued his summary-decision evidence, used…
L & C General Contractors, Inc.
Late contest dismissed for lack of excusable neglect
OSHA issued L & C General Contractors three serious citations after inspecting an Alabama worksite. The company received the citation but sent only a letter requesting an informal conference during the 15-working-day contest period. The judge found that the letter did not express a clear intent to…
Shelly & Sands, Inc.
Remaining bridge fall-protection item vacated for lack of knowledge
Shelly & Sands employees worked on bridge false work with unprotected edges without tying off, even though horizontal lifelines were available. An administrative law judge affirmed one repeat fall-protection instance and assessed a $25,000 penalty. The Commission majority found that the Secretary…
Johnson v. Norfleet Transportation
Driving after repairs defeats refusal claim
Truck driver Michael Johnson experienced a punctured steer tire and a flat trailer tire while hauling a load for Norfleet Transportation. He alleged that the company ordered him to continue despite his safety concerns, but the record showed that he drove another four to five hours after the tires…
Bagri v. Erection & Welding Contractors, LLC
No hearing request and no equitable tolling
Sandeep Bagri filed an H-1B wage complaint against Erection & Welding Contractors. The Wage and Hour Division found that the company had failed to pay required wages, assessed $27,291.79 in back wages, and reported that the company paid the assessment in full. Bagri did not request an ALJ hearing…
Matter of H-L-S-A-
Public cooperation with law enforcement can define a social group
The Board reviewed a Salvadoran applicant's appeal after an Immigration Judge denied withholding of removal and protection under the Convention Against Torture. The Board held that people who cooperate with law enforcement may form a valid particular social group when the cooperation is public…
Brousil v. BNSF Railway Co.
Operating-rule violations establish same-action defense
BNSF locomotive engineer Michael Brousil raised safety concerns about diesel-exhaust exposure when trains were connected to shore power. The railway later disciplined him for separate incidents involving a train moving with an open door, refusal to use an alternate method to confirm door closure…
Ho v. State of Hawaii Dept. of Acct. & Gen. Serv.
Ho v. Hawaii Department of Accounting and General Services (DOL ARB 2019-0051): asbestos reports did not motivate discharge
Hawaii building-maintenance worker Anthony Ho Jr. reported possible asbestos exposure and asbestos-removal concerns at two schools. His employer later terminated him after finding that he sent disruptive and confrontational faxes about a separate, previously investigated allegation to 37 schools…
Matter of Cecilia Mabel VIERA-GARCIA and Matter of Odin Isaac ORDONEZ-VIERA
Matter of Viera-Garcia and Ordonez-Viera (BIA ID 4008): a later hearing notice can perfect a deficient notice to appear
The Board reviewed a mother and son’s appeal after an Immigration Judge denied their request for voluntary departure at the end of removal proceedings. The Board held that a notice to appear missing the time or place of the initial hearing does not by itself end the period used to determine…
Secretary of Labor v. Decker Coal Co.
Unexplained eight-month delay barred reopening
Decker Coal asked the Commission to reopen a penalty assessment after admitting that the matter fell through the cracks and was forgotten. The company also waited nearly eight months after MSHA mailed a delinquency notice before seeking reopening. Although the Secretary did not oppose the motion…
Pajany v. Capgemini, Inc.
Unsupported review claims left dismissal intact
Peroumal Pajany alleged that his former employer, Capgemini, violated the H-1B provisions of the Immigration and Nationality Act. The Wage and Hour Division found no violation, and an ALJ dismissed the complaint for failure to state a claim under 20 C.F.R. § 655.805(a). On review, Pajany accused…
Secretary of Labor v. Coal-Mac, LLC
Existing-litigation mistake supported reopening
Coal-Mac had unsuccessfully conferenced and timely contested the underlying citation. When the proposed penalty assessment arrived, the operator believed the matter was already in litigation and did not file a separate penalty contest. The Secretary did not oppose reopening but urged better…
Secretary of Labor v. Limestone Dust Corp.
Pandemic email miscommunication supported reopening
Limestone Dust timely completed its penalty-contest form and emailed it to an attorney at a firm it had used before, but the attorney was away from the firm. The Commission found that the missed filing resulted from an email miscommunication during the pandemic and that the operator acted promptly…
Secretary of Labor v. Peabody Southeast Mining, LLC
Mistaken payment supported reopening
Peabody intended to contest a citation connected to an ongoing dispute over a failure-to-abate order, but a company official recommended paying all 27 assessments in the batch. The citation was paid inadvertently, and the proposed assessment became a final Commission order. The Secretary did not…
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC
Misdirected contest supported reopening
Nyrstar intended to contest part of a proposed penalty assessment but inadvertently mailed the contest to MSHA's St. Louis payment address with payment for the uncontested penalties. MSHA received the partial payment, but the assessment later became final and the agency sent a delinquency notice…
Matter of Mikhail Petrovich DIKHTYAR
Matter of Dikhtyar (BIA ID 4007): the specific controlled substance can be an element of a Utah drug offense
The Board reviewed the Department of Homeland Security’s appeal after an Immigration Judge terminated removal proceedings against a lawful permanent resident with a Utah conviction for possessing a controlled substance. The Board held that the identity of the specific controlled substance was an…
Secretary of Labor v. Northshore Mining Company, Roger Peterson, employed by Northshore Mining Company, and Matthew Zimmer, employed by Northshore Mining Company
Secretary of Labor v. Northshore Mining Company (FMSHRC LAKE 2017-0248): Walkway violations affirmed, individual penalties vacated
Northshore received an engineering report stating that deteriorated outer conveyor walkways were unsafe for personnel until repaired, but the company relied on fall protection and did not repair or barricade the walkways. During a cleanup job, a structural member failed and part of an elevated…
Davis v. Mexia State Supported Living Center
State immunity barred wage review
Jonathan Davis petitioned for review of the special minimum wage paid by the Mexia State Supported Living Center, an arm of the State of Texas. The ALJ held that the proceeding resembled a private lawsuit against a state and was therefore barred by Eleventh Amendment sovereign immunity. The ALJ…
U.S. Postal Service
Injury-report retaliation citation remains vacated on remand
U.S. Postal Service disciplined two mail carriers after they reported work-related injuries, and OSHA cited the agency under the recordkeeping rule that bars discrimination for reporting an injury or illness. The original decision vacated the citation and its proposed $5,432 penalty, but the…
Secretary of Labor v. KC Transport, Inc.
Missed internal routing supported reopening
KC Transport failed to contest two proposed penalty assessments because an administrative assistant believed she had sent them to company counsel but had not done so. The operator learned that the assessments were delinquent from counsel and described improvements to its internal processing system…
Secretary of Labor v. Ludwig Explosives, Inc.
Deadline confusion supported reopening
Ludwig Explosives relied on a risk-management consultant who calculated the penalty-contest deadline as 30 business days instead of 30 calendar days. The consultant explained that a family medical emergency and a separate docket confirmation contributed to his confusion. The Secretary did not…
Schaad Detective Agency, Inc.
Bulletproof-vest citation vacated because the PPE standard did not apply
Schaad Detective Agency provided armed guards for Pennsylvania Turnpike employees who collected and transported toll revenue. After a guard who was not wearing a bulletproof vest was shot and killed during an attempted robbery, OSHA cited Schaad under the personal protective equipment standard and…
Matter of A-B-
Government protection and protected-ground causation in asylum claims
The Acting Attorney General reviewed the Board’s decision in an asylum case involving alleged persecution by non-government actors. The decision stated that the “unable or unwilling” standard for whether a government can prevent private persecution was not changed by the earlier Matter of A-B-…
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): Lay testimony allowed, expert testimony excluded
The Secretary asked the judge to limit testimony from six Jones Brothers witnesses before a hearing on Mine Act jurisdiction and the underlying violations. Judge Priscilla Rae allowed all six to testify as fact witnesses but barred Steve Wright from offering expert testimony because his proposed…
Helgeson v. Soo Line Railroad Co.
Rail-safety settlement approved
Jeffrey Helgeson alleged that Soo Line Railroad Company, doing business as Canadian Pacific, violated the Federal Railroad Safety Act when it terminated him. An ALJ found a violation and awarded damages and other relief, after which the railroad petitioned for Board review. The parties then…
Secretary of Labor v. W.W. Clyde & Co.
Timely contest made reopening moot
W.W. Clyde received a proposed assessment by email before MSHA recorded delivery of the certified-mail copy. With telephone help from an MSHA employee, the safety director completed the contest form and mailed it by certified mail to the correct address. The Commission found that the contest was…
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC
Misdirected contest supported reopening
Nyrstar intended to contest part of a proposed penalty assessment but inadvertently mailed the contest to MSHA's St. Louis payment address with payment for the uncontested penalties. The assessment became a final Commission order before the mistake was corrected. The Secretary did not oppose…
Secretary of Labor v. Central Sand Co., Inc.
Pandemic staffing shortage supported reopening
Central Sand missed its penalty-contest deadline while its office was short-staffed because of COVID-19. The company filed its reopening motion five days after the assessment became a final Commission order. The Secretary did not oppose reopening but urged the operator to ensure future contests are…
Secretary of Labor v. GCC Dacotah, Inc.
Internal procedure error supported reopening
GCC Dacotah failed to contest two proposed penalty assessments because of an improper understanding and implementation of its internal procedure. The company paid the uncontested portions before the respective contest deadlines. The Secretary did not oppose reopening but urged the operator to…
LaQuey v. UnitedHealth Group, Inc.
Reconsideration and fee requests denied
Michael LaQuey sought reconsideration after the Board affirmed dismissal of his Sarbanes-Oxley retaliation complaint against UnitedHealth Group. Most of his arguments repeated matters the Board had already addressed and did not meet the limited grounds for reconsideration. His new causation…
Matter of O-M-O-
Obvious document defects can support a fraud finding without forensic analysis
The Board reviewed a Nigerian respondent’s appeal after an Immigration Judge denied deferral of removal under the Convention Against Torture and ordered removal. The Immigration Judge found that a “wanted” flier and a letter submitted by the respondent showed obvious signs of fraud, and the Board…
Denneny v. MBDA, Inc.
Speculative concerns were not protected by SOX
Missile-systems executive Douglas Denneny alleged that MBDA fired him for raising concerns about a munitions program, the loss of a production-facility lease, and a board member's potential conflict of interest. MBDA was privately held but had relationships with publicly traded companies, including…
Whiting-Turner/Walsh Joint Venture
Prevailing-wage appeals settled and dismissed
The consolidated appeals concerned prevailing wages, fringe benefits, overtime pay, and proposed debarment arising from an asbestos-abatement project at the General Services Administration headquarters. Several contractors and the Wage and Hour Division Administrator had appealed an ALJ's October…
Stolarik v. National Express, LLC
Appeal dismissed after no show-cause response
The Board ordered Jason Stolarik to explain why his appeal should not be dismissed for failing to identify the respondent and its counsel and provide proof of service. He did not respond by the deadline or before the Board issued this order. The Board relied on its authority to manage its docket…
Secretary of Labor v. U.S. Silica
Reopening request dismissed after counsel declined to proceed
The Commission had ordered U.S. Silica to explain why its motion to reopen should not be denied because of an unexplained filing delay. The next day, company counsel stated that the operator did not intend to file anything further and would allow the show-cause order to become final. The Commission…
Forrand v. FedEx Express
Air-safety reports did not cause retaliation
FedEx employee Daniel Forrand alleged that the company retaliated against him for reporting air-safety concerns and subjected him to a hostile work environment. The Board found two additional instances of protected activity beyond the one recognized by the ALJ, including an email about an…
Secretary of Labor obo Kenneth R. Hawkins v. New Point Stone Company
Miner temporarily reinstated after training dispute
Kenneth Hawkins alleged that New Point Stone fired him after he refused to sign a training document that he believed was inaccurate and called MSHA. The Secretary found that his discrimination complaint was not frivolously brought and applied for temporary reinstatement. New Point Stone waived its…
Burlington Capital PM Group, Inc., d/b/a Post Woods Apartment Homes
Mailing mistake excused and ladder case remanded
OSHA cited Burlington Capital PM Group after an employee fell from a ladder at an Ohio apartment property, alleging a violation of the ladder-inspection rule and proposing an $11,934 penalty. Burlington promptly prepared a notice of contest, but an administrative assistant mistakenly shipped it to…
Mansfield Industrial, Inc.
Training violations affirmed and PPE assessment citation vacated
Mansfield Industrial removed corrosion from piping at a Texas chemical plant where a pipe ruptured and released trichlorosilane, causing two employees to inhale the chemical and one to suffer chemical burns. OSHA cited Mansfield for process-safety and hazard-communication training violations and…
Walmart, Inc.
Rack-mounted pallets were not stored in tiers
Walmart stored merchandise pallets on separate levels of selective racks at a New York distribution center. An order filler was struck by containers that fell after a forklift bumped a pallet in the adjoining rack, and OSHA cited Walmart for failing to secure material stored in tiers. The ALJ…
Secretary of Labor v. Bluff City Minerals, LLC
Wet insulating-mat citation affirmed
At Bluff City's underground limestone mine, water was spraying onto the insulating mat for a 480-volt pump switch that had only one recognized grounding system. The company argued that the word “dry” in the electrical standard applied only to wooden platforms, not insulating mats. Judge Jacqueline…
Matter of Sotero RIVERA-MENDOZA
Matter of Rivera-Mendoza (BIA ID 4004): Oregon child-neglect offense qualifies as child abuse
The Board reviewed a Mexican respondent’s appeal after an Immigration Judge denied cancellation of removal and ordered removal. The respondent had been convicted under Oregon law of second-degree child neglect for leaving a child unattended under circumstances likely to endanger the child’s health…
Manoharan v. HCL America, Inc.
Worker may challenge back-wage assessment
H-1B worker Vimalraj Manoharan challenged the Wage and Hour Division's $8,999.45 back-wage assessment against HCL America as too low and based on an incorrect employment period. The ALJ held that only the agency Administrator could prosecute because the agency had found wage violations, then…
Secretary of Labor obo Jacob Hamilton v. Small Mine Development
After-acquired evidence excluded from reinstatement hearing
Before Jacob Hamilton's temporary-reinstatement hearing, the Secretary sought to exclude evidence that would create credibility conflicts or support Small Mine Development's rebuttal and affirmative defenses. Judge David Simonton held that the operator could present relevant testimony and documents…
Matter of M-A-M-Z-, Respondent
Matter of M-A-M-Z- (BIA ID 4003): expert testimony did not establish a nexus to persecution
The Board dismissed a Mexican respondent's appeal from the denial of asylum, withholding of removal, and protection under the Convention Against Torture. The respondent argued that a fire and a later armed assault in Mexico were connected to his family relationship with a stepdaughter involved in…
Thibodeau v. Wal-Mart Stores, Inc.
Cost-control concerns were not protected by SOX
Walmart estimator Thom Thibodeau alleged that he was fired for raising concerns about software and construction change requests that he viewed as financial-reporting controls. The Board held that the estimating department's reviews were cost-saving operational controls, not internal controls over…
Premier Flipping LLC
In re Premier Flipping LLC (EAB TSCA Appeal No. 20-(05)): Board declines review and initial decision becomes final
Premier Flipping LLC was the respondent in an EPA administrative proceeding. On November 5, 2020, the Presiding Officer issued and served an Initial Decision and Default Order. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R…
VSS International, Inc.
In re VSS International, Inc. (EAB CWA Appeal No. 20-02): $230,958 penalty affirmed
VSS International operated an asphalt emulsion storage facility near the Sacramento River Deep Water Ship Channel in California. The Environmental Appeals Board reviewed an Administrative Law Judge's findings on violations of the Oil Pollution Prevention regulations, including deficiencies in VSS's…
Onysko v. State of Utah Dept. of Environmental Quality
Onysko v. Utah Department of Environmental Quality (DOL ARB 2019-0042): summary dismissal affirmed
Utah environmental engineer Steven Onysko alleged that the state Department of Environmental Quality retaliated against him for activity protected by the Safe Drinking Water Act. The ALJ found that all but six of 87 alleged adverse actions were untimely. For each timely action, Utah presented…
Warzala Construction
Citations vacated because roofer was not an employee
OSHA investigated after a worker fell nearly 30 feet through a deteriorated metal roof and died. It cited Warzala Construction for failing to provide fall protection and for failing to report an employee fatality to OSHA within eight hours. The worker had performed other hourly labor for Warzala…
Ziegenhorn v. Ruan Logistics Corp.
Dismissal of truck driver's retaliation complaint affirmed
Truck driver Bernard Ziegenhorn alleged that Ruan Logistics fired him for filing an hours-of-service complaint with the Federal Motor Carrier Safety Administration. The ALJ found that Ziegenhorn engaged in protected activity but did not prove that it contributed to his termination. Ruan's…
Secretary of Labor v. U.S. Silica
Unexplained reopening delay prompted show-cause order
U.S. Silica plausibly explained that it believed a departing safety manager had timely contested the assessment and later received confusing MSHA billing information. The company learned of the default from a December 2019 delinquency notice but did not move to reopen until nearly three months…
Secretary of Labor v. Panther Creek Mining, LLC
Unopposed reopening motion granted
Panther Creek Mining asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. Marfork Coal Company, LLC
Medical leave mistake supported reopening
Marfork Coal paid the uncontested penalties and marked the remaining penalties for contest. An executive assistant at the parent company recorded the filing deadline but left the office for surgery without submitting the contest. The company discovered the failure and promptly sought reopening, 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.