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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Leckner v. General Dynamics Information
Technology, Inc. (DOL ARB 2020-0028): software-project retaliation claims dismissed
Software developer Erik Leckner worked through Apex Systems on an EPA portal project run by General Dynamics Information Technology's predecessor. He alleged retaliation after raising concerns about source-code access, cybersecurity risk, project transition, and waste of federal funds. The Board…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Hoist-rope safeguards and citations vacated
Consol Pennsylvania Coal operated the Bailey Mine, where MSHA issued safeguards concerning wear and damage to a slope hoist rope and materials along the slope track. Judge John Kent Lewis found that the hoist-rope hazard was already addressed by mandatory wire-rope standards, making one safeguard…
Del Signore v. Nokia
Administrative case dismissed after removal to district court
The Board ordered the parties to explain why Kenneth Del Signore's case should not be dismissed after he removed the matter to federal district court, which ended the Board's jurisdiction. The order gave the parties 28 days and warned that the complaint would otherwise be dismissed without further…
Secretary of Labor v. Marion County Coal Company
Misdirected contest reopened
Marion County Coal sought to reopen a penalty assessment after mailing an amended contest notice with its penalty payment to MSHA's St. Louis payment office. The operator promptly sent the notice to the Civil Penalty Compliance Office after learning that the St. Louis office had not accepted it…
Secretary of Labor v. Raw Coal Mining Co., Inc.
Late contests reopened
Raw Coal Mining sought to reopen two penalty assessments after its representative learned that contests mailed together by regular mail had not been recorded. The representative discovered the problem through a routine database search and filed the motions one week after the assessments became…
Secretary of Labor v. Victory Rock Texas, LLC
Confused contest reopened
Victory Rock Texas sought to reopen a penalty assessment after believing that it had successfully contested the citation. The operator said it later paid the penalty by mistake because it thought the amount belonged to another case. It supplied completed contest and remittance forms but no proof…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Misrouted contests reopened
Warrior Met Coal Mining sought to reopen two penalty assessments after sending its contest notices to MSHA's St. Louis office instead of the Civil Penalty Compliance Office. The operator moved to reopen less than a month after MSHA sent delinquency notices. The Secretary did not oppose the requests…
Secretary of Labor v. American Sand Co. LLC
Address typo prevented default
American Sand appeared to default after it did not answer an ALJ show-cause order. The operator said it never received the order because the service address contained a typographical error, and the record had no proof of delivery. The Commission found that the unserved order did not create a final…
Secretary of Labor v. Peabody Southeast Mining, LLC
Three serious violations affirmed
Peabody operated the underground Shoal Creek Mine, where MSHA cited combustible accumulations in two belt areas and an alternate escapeway obstructed by holes, muck, and water. Judge Jacqueline Bulluck found that the belt conditions created fire and smoke hazards and that the escapeway could not…
Secretary of Labor v. Marfork Coal Company, LLC
Medical absence excused
Marfork Coal sought to reopen three penalty assessments after the employee responsible for contest notices unexpectedly missed work because of a medical issue. She discovered the missed deadlines when she returned and contacted counsel. The company filed its reopening motions within 30 days, and…
Secretary of Labor v. Meadows Stone & Paving, Inc.
Misaddressed contest excused
Meadows Stone asked the Commission to reopen a penalty assessment that became final after MSHA did not receive its contest. The company said it mailed the contest on time, but the Secretary's records showed it went with the penalty check to MSHA's St. Louis payment address instead of the Civil…
Secretary of Labor v. Mettiki Coal WV, LLC
Internal routing mistake excused
Mettiki Coal sought to reopen a penalty assessment after its new safety director sent the contest notice to the parent company instead of filing it with MSHA. The director assumed the parent company would forward the notice and did not know that it needed authorization to act for Mettiki. He…
Secretary of Labor v. Mountain Coal Company, LLC
Reopening motion withdrawn
Mountain Coal filed a motion asking the Commission to reopen this case. The company later asked to withdraw that motion. The Commission granted the withdrawal request and dismissed the case. The short official release does not identify the underlying assessment, any cited safety standard, or the…
Secretary of Labor v. Milestone Materials Division of Mathy Construction
Late answer excused
Milestone Materials asked the Commission to reopen a penalty case after a show-cause order became a default order. Its attorney filed the answer one day late after returning from two weeks away from the office, and the Secretary did not oppose reopening. The Commission treated the internal delay as…
Secretary of Labor v. Mid-Illinois Quarry, LLC
Apparently mailed contest reopened
Mid-Illinois Quarry sought to reopen a penalty assessment after MSHA did not receive a contest notice that the operator said it had mailed on time. MSHA processed the uncontested payment sent from the same assessment a few days later, although the operator had no proof of mailing for the contest…
New River Electrical Corporation
Electrical deenergizing and grounding items affirmed
New River Electrical used multiple crews to replace underground distribution cable during a planned outage at a residential subdivision. After part of the system was reenergized, a crew moved cable at a transformer without proper testing, tagging, and grounding, which energized new cable being…
Secretary of Labor v. American Rock Salt Company
Unopposed reopening granted
American Rock Salt asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Barrick Cortez, Inc.
Unopposed reopening granted
Barrick Cortez asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Ames Construction, Inc.
Prompt reopening request granted
Ames Construction asked the Commission to reopen a penalty proceeding after a show-cause order became a default order. Ames said it never received the show-cause order and filed its reopening request six days after the answer deadline. The Secretary did not oppose reopening but asked the company to…
Secretary of Labor v. A-Positive Electric Co., Inc.
Returned response excused
A-Positive Electric asked the Commission to reopen a penalty proceeding after a show-cause order became a default order. The company said it responded to the show-cause order, but the response was returned because it was sent to an incorrect address. The Secretary did not oppose reopening but asked…
Secretary of Labor v. Arcelormittal Minorca Mine, Inc.
Unopposed reopening granted
Arcelormittal Minorca Mine asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the…
Secretary of Labor v. Bedrock Quarry, LLC
Unopposed reopening granted
Bedrock Quarry asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
PetSmart, Inc.
Hearing ordered on whether citation service was proper
OSHA cited a PetSmart store for an allegedly ineffective rodent-extermination program and proposed a $5,432 penalty. The citation was sent by certified mail to the inspected Florida store, where an unidentified person signed for it, even though PetSmart's safety manager had earlier asked OSHA to…
D.R.T.G. Builders, LLC
Late contest dismissed for lack of excusable neglect
OSHA issued D.R.T.G. Builders a two-item serious citation with a proposed $10,608 penalty after inspecting a Houston worksite. Certified mail was unclaimed, so OSHA sent the citation by UPS to the same supplied business address, where it was delivered to the front door. D.R.T.G. later learned of…
LaQuey v. UnitedHealth Group, Inc.
Software-process concerns not protected under Sarbanes-Oxley
UnitedHealth senior IT analyst Michael LaQuey alleged retaliation after he advocated stronger process management for one software project and warned against putting untested code into another. The Board held that he did not show a subjective and objectively reasonable belief that either concern…
Matter of Bernardita Maria VOSS
Matter of Voss (BIA ID 3997): a conviction previously resolved through cancellation cannot alone support a later removability charge
The Board reviewed a Costa Rican lawful permanent resident’s appeal after an Immigration Judge found her removable based on a controlled-substance conviction and ordered removal. The Board held that when a conviction was charged as a ground of removability or was known to the Immigration Judge when…
Secretary of Labor v. Rockwell Mining, LLC
Vacation backlog excused
Rockwell Mining sought to reopen two penalty assessments after its safety manager returned from vacation to a work backlog. He forwarded the contest forms during the first week of November, but MSHA received them six days after the assessments became final. The Secretary did not oppose reopening…
Brown v. Norfolk Southern Railway Co.
Employee withdraws appeal
An ALJ denied Justin Brown's complaint against Norfolk Southern Railway on August 31, 2020. Brown's counsel later told the Board that Brown no longer wished to pursue an appeal and asked that it be dismissed. The Board granted that request and dismissed the case without reviewing the merits.
Electrolux Home Products, Inc., Charlotte, North Carolina
In re Electrolux Home Products, Inc. (EAB FIFRA Appeal No. 20-01C): $6,991,400 penalty imposed under settlement
Electrolux Home Products, Inc. imported about 420,000 dehumidifiers and air conditioners containing nanosilver filters that were marketed with antibacterial or antimicrobial claims. The order states that the products were pesticides under FIFRA, required EPA registration before importation, and…
Nieman v. Southeastern Grocers, LLC
H-1B retaliation claim fails for lack of employer knowledge
Southeastern Grocers claims manager Jason Nieman secretly complained to the Labor Department about the company's H-1B employment practices and asked the agency to keep his identity confidential. The company began considering his termination on June 23, 2017, before Nieman identified himself as the…
NDC Construction Company
General contractor liable for subcontractor fall hazards
NDC Construction managed a large apartment project where framing and siding subcontractor employees worked on roofs and third-story balconies without fall protection. OSHA cited four instances involving falls ranging from more than six feet to more than 30 feet. The judge found NDC was a…
Secretary of Labor v. Bee B&B, LLC
, et al. (FMSHRC VA 2018-0142, KENT 2018-0276, KENT 2018-0327, KENT 2018-0334): Reopening conditioned on representation proof
A Blackjewel representative filed motions to reopen four defaulted penalty cases involving Bee B&B, Reliant Contracting, and Pasco Services. The filings did not explain his relationship to those operators or establish his authority to represent them. The Secretary did not oppose reopening, and the…
Secretary of Labor v. Blackjewel, LLC
Employee departure excused
Blackjewel sought to reopen a group of penalty cases that defaulted after it failed to answer penalty petitions and show-cause orders. The company said the failures occurred after an employee abruptly left. Its representative learned of the defaults while working on a broader settlement and filed…
Secretary of Labor v. Stony Creek Quarry Corp.
Unopposed reopening granted
Stony Creek Quarry asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Teck Alaska, Inc.
Remote-delivery mistake excused
Teck Alaska sought to reopen a penalty assessment that became final before it reached the mine site. With the employee who normally routed assessments on leave, a summer intern placed the unopened envelope in a cargo basket. Regional weather and limited flights delayed delivery to the remote mine…
Arizona Public Service Co.
In re Arizona Public Service Co. (EAB NPDES Appeal No. 19-06): NPDES permit review denied
Petitioners challenged EPA Region 9's renewal of Arizona Public Service Company's NPDES permit for the Four Corners steam electric power plant on the Navajo Nation. Their claims concerned Morgan Lake's treatment-system exclusion from the definition of waters of the United States, bottom-ash…
Secretary of Labor v. Aggregate Sand & Gravel, Inc.
Misaddressed contest excused
Aggregate Sand & Gravel sought to reopen a penalty assessment after mailing its contest to the same address used for payment of uncontested penalties. The assessment instructions directed contests to Arlington, Virginia, and payments to St. Louis, Missouri. The Secretary did not oppose reopening…
Brown v. Detroit Public Schools
Employee withdraws appeal of drinking-water retaliation award
Katrina Brown alleged that Detroit Public Schools retaliated against her for reporting unsafe conditions and inadequate drinking water. After a hearing, an ALJ ruled for Brown and awarded damages, litigation costs, and fees. Brown petitioned the Board for review but later moved to withdraw her…
Administrator, Wage and Hour Div. v. MESA Mail Service, LLC
Administrator, Wage and Hour Division v. Mesa Mail Service, LLC (DOL ARB 2017-0071): $213,965 back-wage award and debarment affirmed
Mesa Mail Service used truck drivers to move mail under Postal Service contracts. Instead of recording actual work time, the company generally paid the hours allotted in each postal contract and relied on drivers to request additional pay. The Board held that this honor system violated the Service…
Rieber Contracting, Inc.
Late contest dismissed because mail neglect was not excusable
Rieber Contracting, a commercial construction contractor, received a serious citation under 29 C.F.R. § 1926.416(a)(1) with a proposed $9,282 penalty. The citation was delivered by certified mail to the company's address, but its mail practice was to leave documents in a mixed household and…
Healy Tibbitts Builders, Inc.
Suspended-load standard preempted general duty citation
Healy Tibbitts performed marine construction for the Navy in Pearl Harbor using a crane mounted on one barge and employees working from an adjacent barge. A 12,000-pound suspended buoy separated from its capture plate, the backup sling broke, and the buoy traveled down the riser chain, killing two…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Two hoist safeguards vacated
MSHA issued two mine-specific safeguards concerning wear on a slope-hoist rope and supplies or debris beside the slope track at Consol's Bailey Mine. Judge John Kent Lewis found the first safeguard invalid because existing wire-rope standards already addressed the alleged hazard, and he also found…
Ronnie v. Office Depot, Inc.
Sales-data discrepancy not protected under Sarbanes-Oxley
Office Depot financial analyst Christian Ronnie reported a discrepancy between two sets of internal sales data. The company asked him to identify the cause, but he repeatedly recommended ignoring one data set and could not explain the discrepancy. After a final warning, Office Depot terminated him…
Kreb v. Jackson Jet Center
Pilot's flight-risk concerns not protected under AIR21
Medical transport pilot Robert Kreb raised fatigue, duty-time, unfamiliar-airport, and nighttime terrain concerns about a repositioning assignment. The flight was canceled before departure, and Jackson Jet Center terminated him the next afternoon. The ALJ found that the reported risks were not…
Toyota Motor North America, Inc.
In re Toyota Motor North America, Inc. (EAB TSCA Appeal No. 20-04C): $273,888 penalty imposed for unlisted chemical use
Toyota Motor North America, Inc. used a chemical pigment for commercial purposes on nine days even though it had reason to know the chemical was not on the confidential TSCA Inventory and was not subject to an exemption. The use violated TSCA section 15(2), which prohibits commercial use of a…
Secretary of Labor v. Nugent Sand Company
Mine operator liable for utility equipment
Nugent Sand operated a Kentucky sand and gravel plant where one lightning arrestor protecting mine powerlines was inoperable. The arrestor and related high-voltage equipment belonged to Owen Electric Cooperative, which did not allow Nugent Sand to inspect or repair them. Judge Thomas McCarthy held…
Matter of J-G-T-
Expert testimony must be evaluated for relevance, reliability, and weight
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of asylum to a Mexican respondent who feared persecution connected to his activities in Iran. The Board held that an Immigration Judge assessing expert testimony should consider whether it is relevant…
Arch-Tech Construction
Default dismissal remanded for reconsideration during the pandemic
OSHA issued Arch-Tech Construction a two-item serious citation with proposed penalties totaling $7,956. An administrative law judge declared the company in default after it repeatedly missed telephone conferences, failed to answer the complaint, and did not respond to a show-cause order. In its…
Dover High Performance Plastics, Inc.
Machine-guarding citation narrowed to lathes and reduced to serious
Dover fabricated plastic parts on five computer-controlled lathes and two mills with their access doors open or removed. OSHA cited the company willfully under 29 C.F.R. § 1910.212(a)(1) and proposed a total $49,000 penalty for inadequate machine guarding. The Commission found exposure established…
Secretary of Labor v. Nevada Gold Mines, LLC
Reopening motions withdrawn
Nevada Gold Mines had filed motions asking the Commission to reopen two final penalty assessments. The company later told the Commission that it no longer wished to pursue those requests. The Commission granted both withdrawal motions and dismissed the consolidated matter. The short release does…
Matter of A-C-A-A-
The Board must meaningfully review every asylum element
The Attorney General reviewed the Board's brief affirmance of an Immigration Judge's grant of asylum to a Salvadoran respondent who reported past abuse by her parents and feared future harm. The Attorney General held that the Board must review de novo whether the facts satisfy every statutory…
Simpson v. Equity Transportation Co., Inc.
$6,612.90 in attorney's fees awarded
James Simpson prevailed on his claim that Equity Transportation fired him for refusing to drive a vehicle with defective brakes. After the Board affirmed the ALJ's liability decision, Simpson's attorney requested fees and costs. The Board found the documented hours reasonable and the requested…
Perez v. BNSF Railway Co.
Rail investigation ruling and damages vacated for reconsideration
BNSF machinist Johnny Perez reported a leg injury in 2010 and later attributed a back condition to the same incident when seeking leave for surgery in 2012. BNSF investigated whether he reported the back injury late and was dishonest about a conversation with a claims manager, but ultimately…
McCarty v. Union Pacific Railroad Co.
Medical fitness restriction falls within FRSA safe harbor
Union Pacific signal technician David McCarty took medical leave and was prescribed Klonopin to treat anxiety and panic symptoms. His psychiatrist believed he could safely return to full duty, but the railroad's fitness policy barred employees taking benzodiazepines from safety-critical…
Sandra Lee Bart
H-2A debarment affirmed after fraud conviction
The Wage and Hour Division barred Sandra Lee Bart from the H-2A temporary agricultural worker program for three years after she was convicted of conspiracy to commit fraud involving the program. The Board held that the ALJ did not abuse his discretion by refusing to pause the debarment case while…
Elliott v. Tennessee Valley Authority
Nuclear plant whistleblower complaint denied
Tennessee Valley Authority terminated maintenance specialist Perry Elliott after his third driving-under-the-influence arrest led to revocation of the unescorted-access clearance required for his nuclear plant job. Elliott alleged that TVA acted because he had reported being told to cover up…
Portis v. Ruan Transportation
Food-safety retaliation complaint dismissed as late
Truck driver Don Portis alleged that Ruan Transportation fired him for reporting unsafe loading and unsanitary workplace conditions. He filed with OSHA nearly four years after his discharge, although the Food Safety Modernization Act provides 180 days. The Board held that Atlas Logistics Warehouse…
Wayne Farms, LLC
Machine-guarding citation vacated because the reach-in was not predictable
An operator at Wayne Farms' poultry processing facility sustained serious arm and hand injuries after lifting a breading machine's grate and reaching about 24 inches into its hopper while internal paddles were operating. OSHA cited the company under 29 C.F.R. § 1910.212(a)(1) and proposed an…
Keenan, Hopkins, Suder and Stowell Contractors, Inc., dba KHS&S Contractors
Case dismissed after full settlement
KHS&S Contractors was cited after an employee fell through a covered opening while performing framing and drywall work at a construction site. The citations alleged inadequate jobsite inspections, scaffold and aerial-lift training, and fall-hazard training under three construction standards. An…
Aerospace Testing Alliance
Guarding citation vacated because circumvention was not predictable
An experienced Aerospace Testing Alliance sheet-metal worker crushed the tip of a finger after removing a glove and intentionally placing the finger beneath a guarded hold-down piston on a power shear. OSHA cited the company under 29 C.F.R. § 1910.212(a)(1) and proposed a $6,300 penalty, which the…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.