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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Robert Thomas v. CalPortland Company
Discrimination ruling reversed
Robert Thomas claimed that CalPortland suspended and discharged him because of safety concerns, training complaints, cooperation with MSHA, and his intent to pursue a discrimination claim. An ALJ found discrimination and awarded back pay, benefits, and attorney's fees. The Commission unanimously…
Kim v. SK Hynix Memory Solutions
Interlocutory appeal denied
Yunhee Kim alleged that SK Hynix and related respondents violated the Sarbanes-Oxley Act's whistleblower provision. SK Hynix asked the ALJ to dismiss the complaint because Kim's direct employer was allegedly not covered by the Act, but the ALJ denied that motion and declined to certify the issue…
Barboza v. BNSF Railway Co.
Second reconsideration motion denied
Robert Barboza alleged that BNSF Railway retaliated against him for protected activity. An ALJ granted summary decision because Barboza did not show an adverse action within the 180-day limitations period, and the Board affirmed. The Board denied an initial reconsideration request on January 17…
Lindner v. Citibank, N.A.
SOX complaint dismissed for discovery noncompliance
Peter Lindner alleged that Citibank refused to hire him and blacklisted him because of an earlier whistleblower complaint. The ALJ directed him to provide initial disclosures and answer Citibank's discovery requests, granted several extensions, and repeatedly warned that continued noncompliance…
Vrex Construction, Inc.
Contest dismissed after procedural default
OSHA issued Vrex Construction serious construction citations with proposed penalties totaling $34,738. After filing a timely contest, the company did not return its posting verification, answer the Secretary's complaint, respond to an order to show cause, or follow through after Commission staff…
Hecla Limited Lucky Friday Mine
In re Hecla Limited Lucky Friday Mine (EAB NPDES Appeal No. 19-01): permit petition dismissed after conditions withdrawn
Hecla Limited challenged an NPDES permit for the Lucky Friday Mine near Mullan, Idaho. The Board stayed the proceeding while Hecla pursued a challenge to Idaho's certification of the permit under Clean Water Act section 401. After Hecla and Idaho's environmental agency settled, Idaho proposed a…
Steven S. Moalemi, M.D., P.C., d/b/a Empire Physical Medicine and Pain Management
Default dismissal set aside
OSHA cited a medical practice for three serious violations and proposed $7,392 in penalties. An administrative law judge dismissed the employer's contest after it missed four telephone conferences and did not respond to an order to show cause. The Commission found a discrepancy between the…
Secretary of Labor v. Superior Silica Sands, LLC
Railcar violations assessed at $44,786
A newly hired electrician with no railcar experience was fatally injured after two uncoupled railcars began rolling and he attempted to set a handbrake on a moving car. Judge Margaret Miller found that Superior Silica Sands had not adequately trained him on railcar hazards, braking, communication…
Coleman Hammons Construction Co., Inc.
Case returned after court reversal
The Commission had previously affirmed an administrative law judge's dismissal of Coleman Hammons Construction's late notice of contest. The U.S. Court of Appeals for the Fifth Circuit reversed that decision and returned the case to the Commission. Acting on the court's mandate, the Commission…
Secretary of Labor v. Sunbelt Rentals, Inc.
Examination violation affirmed and penalty remanded
A Sunbelt employee was injured by material falling inside a cement-plant preheat vessel after the company's examiner inspected the upper compartment only from portholes one floor below. The Commission affirmed that the entire vessel was a working place and that an adequate examination required…
American Samoa Power Authority
In re American Samoa Power Authority (EAB NPDES Appeal No. 19-07): wastewater permit petition dismissed
The American Samoa Power Authority petitioned for review of an NPDES permit for the Utulei Sewage Treatment Plant, which discharges wastewater into Pago Pago Harbor. EPA Region 9 withdrew challenged limits and monitoring requirements for ammonia, nitrogen, phosphorus, and chronic toxicity, along…
Matter of L-N-Y-
U visa delay did not justify a continuance
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied a continuance while the respondent's U visa petition was pending and ordered him removed. The Board held that prima facie eligibility and the potential effect of collateral relief are not dispositive, especially when…
Michael K. McNary v. Alcoa World Alumina, LLC
Interference complaint dismissal affirmed
Michael McNary, an Alcoa employee and miners' representative, confronted a department superintendent during an emergency involving hot, pressurized slurry. McNary alleged that the superintendent threatened to remove him as a miners' representative, from the department, and from the plant because he…
Acosta v. Union Pacific Railroad Company
FRSA liability findings remanded
Railroad employee Corby Acosta reported unsafe vegetation and was fired after two crew securement incidents five days later. An ALJ found that Union Pacific retaliated under the Federal Rail Safety Act and awarded $156,100 in back pay. The Board held that the ALJ's use of prima facie language made…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Settlement approved and penalty reduced
Warrior Met Coal Mining, LLC faced proposed penalties totaling $41,657 across three dockets involving numerous citations at its No. 7 Mine. Judge Thomas P. McCarthy approved a settlement requiring a total payment of $25,535. The order vacated three citations, reduced several negligence findings…
Sivakumar v. Cognizant Technology Solutions Corp.
Untimely SOX complaint dismissed
Krishnamurthy Sivakumar alleged that Cognizant subjected him to termination, a negative performance evaluation, and harassment in violation of the Sarbanes-Oxley Act. He filed his OSHA complaint in March 2018 concerning conduct from December 2015, well after the Act's 180-day deadline. The Board…
Chettypally v. Premier IT Solutions, Inc.
No additional H-1B wages owed
Aditya Chettypally worked for Premier IT Solutions under the H-1B visa program and sought another year of wages after returning to India. The Wage and Hour Division had already assessed $26,737.97 in back wages and travel reimbursements, which Premier paid. The Board agreed with the ALJ that…
Barboza v. BNSF Railway Co.
Reconsideration denied
Robert Barboza alleged that BNSF Railway retaliated against him for protected activity under the Federal Rail Safety Act. The Board had affirmed summary dismissal because he did not identify an adverse action within the 180-day limitations period. Barboza sought reconsideration and argued that…
Secretary of Labor v. KenAmerican Resources, Inc.
Advance-notice violation found and remanded
MSHA inspectors arrived at KenAmerican's underground mine to investigate an anonymous hazard complaint and expressly warned the dispatcher not to provide advance notice. An underground miner then asked whether "company" was outside, a coded reference the dispatcher understood to mean MSHA, and the…
Hukman v. U.S. Airways, Inc.
Airline whistleblower dismissal vacated and reassigned
U.S. Airways customer service agent Sheida Hukman alleged that the airline disciplined and suspended her, and required an independent medical examination, because she reported passenger-count, smuggling, and aircraft weight-and-balance concerns. The ALJ dismissed her aviation whistleblower…
Terence Froman, Inc.
Attorney-fee application denied
OSHA cited Terence Froman under the general duty clause over spring clips on a concrete-pump boom coupling, then withdrew the citation before adjudication. The company applied under the Equal Access to Justice Act for $4,999.10 in attorney fees and expenses. The judge found that the Secretary's…
Eagle Cornice Company, Incorporated
Roof fall-protection citation affirmed
Eagle Cornice employees cut an opening in a low-slope roof more than 19 feet above the floor. One employee returned to the roof without putting on his fall-arrest harness, stepped into the opening, and fell to the level below. The judge found that the crew foreman knew or should have known the…
Detroit Renovations, LLC and Nicole Curtis
In re Detroit Renovations, LLC and Nicole Curtis (EAB TSCA Appeal No. 20-01C): lead-paint settlement with compliance conditions
EPA alleged that Detroit Renovations, LLC and Nicole Curtis failed to comply with TSCA section 409 and the lead-based-paint renovation rules in 40 C.F.R. part 745, subpart E. The settlement assessed a $48,877 civil penalty, remitted $45,877 if the respondents satisfied the agreement's conditions…
Hardway Solutions, LLC d/b/a Hardway Performance and Hardway Performance Solutions and Ryan Milliken
In re Hardway Solutions, LLC and Ryan Milliken (EAB CAA Appeal No. 19-06C): $45,000 Clean Air Act tampering settlement
Hardway Solutions operated a diesel truck performance upgrade sales and installation facility, and Ryan Milliken was its member and manager. EPA alleged that the respondents manufactured, sold, offered for sale, or installed at least 5,132 defeat devices between December 4, 2014, and October 31…
Matter of Juana ROSALES VARGAS and Jonathan Jair ROSALES ROSALES
Matter of Rosales Vargas and Rosales Rosales (BIA ID 3973): notice defects did not defeat jurisdiction
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated a mother's and son's removal proceedings because their notices to appear did not include the Immigration Court address or a certificate identifying where the documents would be filed. The Board…
Budri v. Firstfleet, Inc.
Review denied for untimely third complaint
Adriano Budri filed a third Surface Transportation Assistance Act complaint against Firstfleet based on its report of negative information to Tenstreet. Earlier proceedings had rejected complaints arising from the same facts, and the ALJ dismissed this complaint because Budri knew of the report…
Jennings v. McLane Company, Incorporated
Constructive-discharge dispute required a hearing
Truck driver Shawn Jennings alleged that McLane retaliated against him for repeatedly raising safety concerns. An ALJ granted McLane summary decision, finding no material dispute over whether Jennings had been constructively discharged. The Board identified conflicting evidence about targeted…
Marshall Justice v. Rockwell Mining, LLC
Discrimination and interference claims dismissed
Marshall Justice alleged that Rockwell Mining retaliated against his safety complaints by not selecting him for vacation-week work and interfered with his rights involving diesel scoops, a tire complaint to an MSHA inspector, and inspection walkarounds. Judge Alan G. Paez found that Justice's…
GTA Co., Inc.
Late contest of willful citation dismissed
OSHA issued GTA excavation citations, including a willful item carrying a proposed $56,908 penalty. The company received the citations on January 15, 2019, making February 6 the deadline to file a written contest, but it did not contact OSHA until mid-March. The judge found no excusable neglect…
Matter of Haji Osman SALAD
Terroristic threats offense categorically involves moral turpitude
The Board reviewed the Department of Homeland Security's appeal in the removal case of a Somali citizen who had been admitted as a refugee and later became a lawful permanent resident. An Immigration Judge had found him removable based on convictions for burglary and giving a false name to a police…
Basic Energy Services, LP
Well-servicing rig hazard citation affirmed
Basic Energy Services used a mobile well-servicing rig to pull pipe stuck thousands of feet underground. A derrick hand remained on a platform about 60 feet above the rig floor while the crew substantially increased pulling force and used jars to free the pipe. The rig tipped over, killing the…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Rib and energized-cable violations affirmed
MSHA cited Consol Pennsylvania Coal Company after inspectors found an unsupported rib overhang and a damaged energized cable at the Enlow Fork underground coal mine. Judge John Kent Lewis found that the roughly 620-pound overhang was loose, located in a traveled area, and reasonably likely to cause…
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.
Settlement upheld after remand
Pete Tartaglia and Freeport-McMoRan Bagdad settled Tartaglia's discrimination complaint on the hearing record, but Tartaglia later sought to undo the agreement after the judge enforced it and dismissed the case. Following a Commission remand, Judge David P. Simonton found that Tartaglia's letter…
Bell v. Bald Mountain Air Service
AIR21 settlement approved
Brian Bell alleged that Bald Mountain Air Service violated AIR21's employee-protection provisions. An ALJ found a violation and ordered relief, and the employer petitioned the Board for review. While review was pending, the parties submitted a settlement. The Board found the agreement fair…
Sharpe v. Supreme Auto Transport
STAA dismissal affirmed
Robert Sharpe, a truck driver operating under lease agreements with Supreme Auto Transport, complained about overweight loads and refused to drive overweight. Supreme repossessed his truck after he sent an email about ending the carrier lease while he owed the company $10,880.49. The ALJ found that…
Speedy Rooter/Capital Plumbing, Inc.
Trench violations affirmed
Speedy Rooter replaced a residential sewer line using a trench more than six feet deep. The judge found that the two workers were company employees, not independent contractors, because Speedy Rooter obtained and assigned the work, paid them by the hour, and supplied tools and permits. OSHA proved…
Secretary of Labor obo Jason Ebert v. The Marshall County Coal Company
Temporary reinstatement ordered for alleged family retaliation
Jason Ebert alleged that Marshall County Coal forced him to resign two days after hiring him because management learned that his brother was a vocal safety advocate who had filed Mine Act discrimination complaints. The company initially requested a hearing on temporary reinstatement but withdrew…
Cheeley v. IESI Progressive Waste Solutions
STAA complaint denied
Cedric Cheeley drove a rear-load garbage truck for Progressive Waste during a probationary training period. He raised concerns about truck speed, overweight vehicles, and fatigue, then alleged that the company fired him for those reports. The ALJ found some reports protected but concluded that they…
Barboza v. BNSF Railway Co.
Untimely FRSA complaint dismissed
Robert Barboza alleged that BNSF Railway retaliated against him for protected activity under the Federal Rail Safety Act. The ALJ granted summary decision because Barboza did not identify any adverse action occurring within the 180-day filing period. The Board found the ruling reasoned and…
Peck v. Nuclear Regulatory Commission
Sovereign immunity barred ERA complaint
Michael Peck alleged that the Nuclear Regulatory Commission retaliated against him by not selecting him for a Senior Resident Inspector position. The ALJ dismissed the Energy Reorganization Act complaint because the United States had not waived sovereign immunity for that claim. An en banc Board…
Michael Barr d/b/a Barr Construction
Roofing, scaffold, and ladder citations affirmed
Barr Construction reroofed a residence using ladder-jack scaffolds and a steep roof. An OSHA inspector observed employees without fall protection on the scaffolds in the morning and again on the roof later that day, with fall exposures of about 18 to more than 20 feet. The inspector also observed…
Guaranteed Home Improvements, LLC
Ladder citations split after employee fall
Guaranteed Home Improvements used an extension ladder to access a snow-covered convenience-store roof. The ladder slid on wet, snowy pavement while an employee descended, causing a fall that resulted in multiple serious injuries. The judge vacated the allegation that the ladder failed to extend…
Johansen v. Illinois Central Railroad Co.
Complaint dismissed after federal filing
Thomas Johansen alleged that Illinois Central Railroad Company retaliated against him in violation of the Federal Railroad Safety Act. An ALJ granted the railroad summary decision, and Johansen petitioned the Board for review. While Board review was pending, Johansen elected the statutory option to…
Matter of Y-I-M-
Inconsistencies supported the adverse credibility finding
The Board reviewed a Ukrainian applicant's appeal after an Immigration Judge denied applications for asylum and withholding of removal and denied protection under the Convention Against Torture. The Immigration Judge found the applicant not credible based on inconsistencies in his testimony…
Lynch v. Beaulieu Group, LLC
Summary decision affirmed
Marty Lynch alleged that Beaulieu Group fired him after he raised concerns about truck tire pressure, vehicle weight, and missing tire covers. Beaulieu moved for summary decision and presented evidence that Lynch fell behind on his log books, was told not to drive until he completed them, and then…
Matter of O-F-A-S-
Rogue-official rule and denial of relief upheld
The Board reviewed a Guatemalan respondent's appeal after an Immigration Judge denied asylum, withholding of removal, and protection under the Convention Against Torture. The respondent said five men wearing national police insignia beat, robbed, and threatened him, but the Immigration Judge found…
Shi v. Moog Inc.
Foreign-worksite AIR21 claim dismissed
Charles Shi worked in China for a Chinese subsidiary of Moog and alleged that he was fired after reporting counterfeit aircraft parts. He argued that AIR21 applied because Moog's parent was a U.S. company and the parts were used in aircraft manufactured and flown in the United States. The Board…
Chambers Construction Co.
Roof fall and training citations affirmed
Chambers Construction assigned two employees to patch leaks on a low-slope commercial roof four to five stories above the ground. The employees used no compliant fall-protection system, and one had received no training on recognizing and minimizing fall hazards. The company believed the roof's…
Administrator, Wage and Hour Division v. HCL America, Inc.
Review granted and appeals consolidated
The Wage and Hour Division declined to pursue the full H-1B back-wage amount claimed by Vimalraj Manoharan, and the ALJ dismissed the case. The Board granted Manoharan's petition to review whether that dismissal was proper despite his request for a hearing. It administratively dismissed a duplicate…
Office of Federal Contract Compliance Programs v. JPMorgan Chase & Co.
Interlocutory review denied
The Office of Federal Contract Compliance Programs brought an administrative complaint against JPMorgan Chase under Executive Order 11246. After the ALJ denied the company's motion to dismiss, JPMorgan asked the Board to immediately review four legal issues before the administrative case ended. The…
Cot v. University of South Carolina
State sovereign immunity required dismissal
The Wage and Hour Division found that the University of South Carolina owed researcher Juan Jose Arnaiz Cot H-1B back wages, which the university paid. Cot then pursued other alleged violations as the prosecuting party before an ALJ. The ALJ held that the university was an arm of South Carolina and…
Matter of Onesta REYES, Respondent
Attorney General referred the aggravated-felony question
The Attorney General referred the Board’s decision in Onesta Reyes’s case for review. The order asks whether a conviction is necessarily an aggravated felony when every element and means of committing the offense corresponds to either an aggravated-felony theft offense or an aggravated-felony fraud…
Tower Exterminating Corp., aka Tower & Son Exterminating Corp. and Wilson J. Torres Rivera
In re Tower Exterminating Corp., aka Tower & Son Exterminating Corp. and Wilson J. Torres Rivera (EAB FIFRA Appeal No. 19-(01)): review declined and initial decision becomes final
Regional Judicial Officer Helen S. Ferrara issued an Initial Decision and Default Order in the case involving Tower Exterminating Corp., Tower & Son Exterminating Corp., and Wilson J. Torres Rivera. The decision was served on the parties, and neither party appealed. The Environmental Appeals Board…
Newell v. Airgas, Inc.
STAA complaint denied after remand
Rickey Newell alleged that Airgas fired him after he objected to driving assignments that violated hours-of-service rules. The ALJ found on remand that Newell had previously raised protected concerns but did not communicate an objection about the two assignments central to his termination. The…
Mehra v. West Virginia University
Earlier wage complaint equitably tolled
Deepak Mehra alleged that West Virginia University underpaid him while he worked under the H-1B visa program. He first filed the wage claim with the Department of Labor's Office of Inspector General in April 2014, which referred it to the Wage and Hour Division, and later filed another complaint in…
Gavilon Grain, LLC
Machine-guarding citation vacated, dust-housekeeping citation affirmed
OSHA inspected Gavilon's corn mill and cited an unguarded rotating shaft bushing and grain-dust accumulations near an outdoor grain leg. The judge vacated the machine-guarding item because employees performing maintenance used a hatch about five feet away while the equipment was locked out, and…
Casale Construction Services, Inc., d/b/a Casale
Repeat trench violations affirmed
Casale Construction installed a pipeline using a trench about six feet deep near an active roadway. A foreman directed a laborer to work for up to three hours in the trench without cave-in protection while excavated material remained at the trench edge. The judge rejected the company's…
Secretary of Labor v. Hoover Excavating & Trucking, Inc., and its successors and Secretary of Labor v. Reginald S. Hoover, employed by Hoover Excavating & Trucking, Inc.
Secretary of Labor v. Hoover Excavating & Trucking, Inc. and Reginald S. Hoover (FMSHRC WEST 2019-0277): Blasting violations and agent liability affirmed
A blast detonated prematurely at Hoover Excavating's surface stone mine while eight miners remained in the pit area, and three miners were seriously injured by flyrock and debris. Judge Margaret A. Miller found that mine owner Reginald Hoover ignored the initiating device's warning not to connect…
Secretary of Labor v. Hopkins Hill Sand & Stone, LLC
Late death notification citation affirmed
Hopkins Hill's general manager suffered a fatal heart attack from natural causes while at the company's open-pit crushed stone mine. Mine management knew of the death by 11:24 a.m. but did not notify MSHA until 12:56 p.m., one hour and 17 minutes after the 15-minute reporting deadline. Judge…
Secretary of Labor v. Hoover Excavating & Trucking, Inc., and its successors
Secretary of Labor v. Hoover Excavating & Trucking, Inc. (FMSHRC WEST 2019-268): Withdrawal, inspection, and explosives violations affirmed
MSHA cited Hoover Excavating after the company drilled and blasted in a highwall bench area that remained subject to a withdrawal order. During a later inspection, owner Reginald Hoover refused to answer questions or open a truck used to transport explosives, then drove the truck away from…
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.