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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Matter of X-Q-L-
Fraud evidence warranted reopening the asylum grant
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge denied a motion to reopen proceedings concerning a prior grant of asylum to a respondent from China. DHS submitted evidence that the attorney who prepared the asylum application was later convicted of…
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.
Final settlement order reopened and remanded
Pete Tartaglia sent the Commission a letter one day after the deadline to seek review of an ALJ decision that approved and enforced a settlement of his discrimination case. The Commission treated the letter as a request for relief from a final order under Federal Rule of Civil Procedure 60(b)…
Secretary of Labor obo Kevin R. Shaffer v. The Marion County Coal Company
Threat finding defeated retaliation claim
Kevin Shaffer complained about transmission, lighting, air-conditioning, and radio problems with haulage trucks at Marion County's underground coal mine. Management addressed the equipment issues but discharged Shaffer after concluding that he threatened to fight his foreman during a later argument…
Secretary of Labor obo Tyler Herrera v. Field Lining Systems, Inc.
Temporary economic reinstatement approved
Judge Priscilla M. Rae had previously ordered Field Lining Systems to return Tyler Herrera to his laborer position while his discrimination claim remained pending. After the company stopped employing him, the parties agreed to replace physical reinstatement with temporary economic reinstatement…
Secretary of Labor obo Anthony Vega v. Syar Industries, Inc.
Safety activity did not cause termination
Anthony Vega raised concerns about smoke from a hose-cutting saw and a quarry haul road while serving as a miners' representative and union steward at Syar Industries. Syar later fired him after he repeatedly wrote messages on coworkers' pay envelopes and signed them with a manager's initials…
Infra-Red Building and Power Service Inc.
Electrical safety citations split
Infra-Red employees replaced batteries in an energized uninterruptible power supply at a police station, and one employee sustained a serious hand burn during the work. OSHA issued four serious electrical-safety citation items addressing training, safety-related work practices, personal protective…
Secretary of Labor obo Anthony Vega v. Syar Industries, Inc.
Original retaliation decision superseded
Anthony Vega raised concerns about smoke from a hose-cutting saw and a quarry haul road while serving as a miners' representative and union steward at Syar Industries. Syar later fired him after he repeatedly wrote messages on coworkers' pay envelopes and signed them with a manager's initials…
C & S Enterprises, LLC
In re C & S Enterprises, LLC (EAB CWA Appeal No. 19-(01)): review declined and initial decision becomes final
The case concerns C & S Enterprises, LLC. The official EAB PDF identifies the underlying docket as CWA-07-2018-0095, while the database listing identifies it as CWA-07-2918-0095. The Presiding Officer issued an Initial Decision on September 30, 2019. Neither party appealed, and the Environmental…
Star Quarries LLC v. Secretary of Labor and Secretary of Labor v. Star Quarries LLC
Star Quarries LLC v. Secretary of Labor (FMSHRC SE 2019-0063 RM, SE 2019-0064 RM, SE 2019-0065 RM, SE 2019-0091): Settlement approved and penalty reduced
Star Quarries LLC faced proposed penalties totaling $1,791 across three contest dockets and one civil penalty docket. Judge Thomas P. McCarthy approved a settlement reducing the total penalty to $789. Citation No. 9425093 was vacated. Citation No. 9425094 was modified to reduce the likelihood of…
Matter of C-A-S-D-
Waiver denied after violent-crime and hardship review
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of a waiver of inadmissibility and adjustment of status to a Cuban refugee with convictions for conspiracy to commit robbery, false imprisonment, and assault. The Board held that a person found to be…
Cerny v. Triumph Aerostructures-Vought Aircraft Division
AIR21 complaint denied
Aircraft stress engineer Jiri Cerny alleged that Triumph Aerostructures retaliated against him for raising air-safety concerns. The Board held that Cerny forfeited challenges involving three categories of alleged protected activity because he did not develop those arguments on appeal. It affirmed…
Buie v. Spee-Dee Delivery Service, Inc.
STAA complaint denied
Christopher Buie drove a package-delivery route for Spee-Dee and alleged that the company fired him for complaining that he would need to speed to finish on time. The ALJ found that Spee-Dee had a clear anti-speeding policy, enforced it, limited vehicle speeds, and demonstrated that the route could…
Davenport v. LTI Trucking Services Inc.
Blacklisting findings required
Wyatt Davenport reported physical symptoms that he associated with odors in trucks assigned by LTI Trucking Services. The ALJ found that his reports were protected but that the company did not discharge him when it sent him home until he was medically cleared to drive. Davenport also repeatedly…
Hoptman v. Health Net of California
SOX summary decision affirmed
David Hoptman alleged that Health Net fired him while he was investigating member overpayments and preparing to report fraud. He privately texted a plan member about obtaining a HIPAA release, contacting a state agency, and sharing a possible reward, while his statements to a manager mentioned back…
Seuring v. Delta Airlines, Inc.
Late review petition denied
An ALJ denied Carl Seuring's AIR21 discrimination complaint and explained what a petition for Board review had to contain. Seuring requested more time to find counsel, and the Board granted an extension with a warning that failure to file a compliant petition by October 9, 2019, would result in…
Tony Watson, d/b/a Countryside Tree Service
Willful woodchipper and PPE violations affirmed
Countryside Tree Service used a five-person crew at three residential tree-removal sites. A 23-year-old employee with no tree-service experience was killed after becoming ensnared in a woodchipper on his first day of work. The judge found that the owner allowed two inexperienced employees to feed…
FreightCar America, Inc.
Railcar assembly hazard citation vacated
Workers assembled railcars by positioning top-heavy end panels with a crane and securing them to side panels with corner pins. An end panel fell after the crane was detached and an employee removed the remaining pins, seriously injuring two workers. The judge found that FreightCar America was…
Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON
Matter of Thomas and Thompson (BIA ID 3966): sentence-alteration rule changed
The Attorney General reviewed two cases involving lawful permanent residents whose state-court sentences were later modified or clarified after immigration proceedings began. The decision overruled the prior tests in Matter of Cota-Vargas, Matter of Song, and Matter of Estrada, and extended the…
Matter of CASTILLO-PEREZ
Repeated DUI convictions weigh against cancellation
The Attorney General reviewed the cancellation-of-removal case of a Mexican respondent who had lived in the United States since 1997, worked as a mason, and had two convictions for driving under the influence. The decision held that two or more DUI convictions during the relevant period create a…
Tran v. Southern California Edison Co.
Nuclear whistleblower complaint dismissed as untimely
Former Southern California Edison employee Vi Tran alleged that his long-term disability benefits were reduced because he reported data falsification at the San Onofre Nuclear Generating Station. His benefits appeal was denied in June 2004, but he did not file an Energy Reorganization Act…
URS Federal Services, Inc.
Grinder compatibility citation affirmed
URS Federal Services employees repaired military vehicles using grinders and grinding stones supplied through a Department of Defense tool counter. A worker used a stone rated for 9,070 revolutions per minute on a grinder rated for 12,000 revolutions per minute, and the stone broke apart, causing a…
Birdsboro Kosher Farms Corp.
Lockout, noise, exit, and PPE citations largely affirmed
Birdsboro Kosher Farms operated a large poultry-processing facility with a history of OSHA citations and settlements addressing lockout/tagout and occupational noise. The judge found that Birdsboro still lacked required machine-specific energy-control procedures, adequate authorized-employee…
Kelly v. State of Alabama Public Service Commission
Review denied for untimely complaints
Gregory Kelly filed several whistleblower complaints under the Energy Reorganization Act and other statutes. The ALJ dismissed them as untimely because Kelly alleged no basis for equitable tolling, and also found no jurisdiction over claims under the Occupational Safety and Health Act. Kelly…
Matter of Fernando CORDERO-GARCIA
Matter of Cordero-Garcia (BIA ID 3964): witness dissuasion treated as an aggravated felony
The Board reviewed the appeal of a respondent whose California conviction involved dissuading a witness from reporting a crime. The Board held that violating section 136.1(b)(1) of the California Penal Code is categorically an aggravated felony relating to obstruction of justice under the…
SACO AEI Polymers
In re SACO AEI Polymers (EAB TSCA Appeal No. 19-02Q): $22,479 penalty paid and matter resolved
EPA's Office of Civil Enforcement filed a complaint alleging that SACO AEI Polymers violated the chemical data reporting regulations of section 8(a) of the Toxic Substances Control Act. The complaint sought a $22,479 penalty. EPA notified the Environmental Appeals Board that it received an…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Eleven safety citations affirmed with reduced penalties
MSHA issued 11 citations at Consol Pennsylvania Coal Company's Harvey Mine involving unsupported-roof warnings, damaged electrical and hoisting cables, equipment certification and mapping records, training documentation, noise exposure, and ventilation controls. Judge William B. Moran affirmed…
Matter of J-G-P-
Oregon menacing offense is moral turpitude
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied cancellation of removal, asylum, and withholding of removal. The Board held that Oregon's menacing offense, which requires an intentional attempt to place another person in fear of imminent serious physical injury…
Pacific Tech Construction, Inc.
Table-saw and electrical citations affirmed
Pacific Tech Construction renovated a medical clinic at an Air National Guard base. OSHA observed employees ripping plywood on an unguarded table saw and found multiple uncovered 110-volt outlets and switches that remained energized while employees painted and worked nearby. The judge found that…
City of Nezperce, Idaho
In re City of Nezperce, Idaho (EAB NPDES Appeal No. 19-02): permit remanded for reconsideration and petition dismissed
The City of Nezperce sought review of an NPDES permit for its wastewater treatment plant. The City objected to effluent limitations for total ammonia and argued that the permit did not include a compliance schedule or adequately address the City's comments. EPA Region 10 asked the EAB to remand the…
Secretary of Labor v. Solar Sources Mining, LLC
Settlement denial reversed and agreement approved
A miner was seriously injured after an obstructing rope caused him to bend on a truck catwalk and a severely corroded handrail chain broke, resulting in a nearly 14-foot fall. Solar Sources agreed to accept three S&S, moderate-negligence citations as written and pay $13,644 instead of the proposed…
Earth Science Laboratories, Inc.
In re Earth Science Laboratories, Inc. (EAB FIFRA Appeal No. 19-02C): misbranding settlement requires $125,000 penalty
EPA alleged that Earth Science Laboratories, Inc. distributed or sold misbranded pesticide products, including PristineBlue, EarthTec, and Cleanwater Blue, on at least 308 occasions. The alleged labeling problems included missing environmental hazard statements and false or misleading statements…
Kelly v. State of Alabama Public Service Commission
Environmental whistleblower review denied
Gregory Kelly filed several complaints under environmental whistleblower statutes, including the Clean Air Act. OSHA dismissed the complaints as untimely and for lacking reasonable cause, and the ALJ gave Kelly an opportunity to address timeliness and jurisdiction. The ALJ found his submissions…
Courtland Construction Corp.
Concrete finisher wage determination affirmed
Courtland Construction asked the Wage and Hour Division to add a Concrete Finisher classification to a Vermont Davis-Bacon wage determination at $25.34 per hour without fringe benefits. The Administrator rejected that proposal because it fell below every skilled-classification rate in the contract…
Perez v. Citigroup, Inc.
Mexico-based SOX claim dismissed
Antonio Perez worked entirely in Mexico for a Mexican subsidiary of Citigroup and alleged retaliation after reporting misconduct involving a U.S. account. The ALJ dismissed his Sarbanes-Oxley Act complaint because it required an impermissible extraterritorial application of Section 806. The Board…
Secretary of Labor v. M-Class Mining, LLC
Glove-use summary ruling vacated and remanded
A maintenance foreman was hospitalized after receiving an electric shock while kneeling beside an open, energized continuous-miner control panel without protective gloves. An ALJ granted summary decision to M-Class Mining and vacated MSHA's section 75.1720(c) order, reasoning that the record did…
Carter v. CPC Logistics, Inc.
Truck-driver retaliation complaint denied
CPC Logistics discharged tractor-trailer driver Roderick Carter after repeated delays, policy violations, discipline, and performance problems. Carter alleged that the company acted because he took safety-related fatigue and illness breaks protected by the Surface Transportation Assistance Act…
Jeter v. Premier Transportation
Appeal dismissed after briefing stopped
Keith Jeter pursued an appeal involving Premier Transportation under the Surface Transportation Assistance Act. After Jeter did not file his opening brief, the Board ordered him to explain the omission by August 13, 2018. He responded that he was seeking counsel and needed more time, but the Board…
Varess v. Persian Broadcast Service Global, Inc.
E-3 wage denial reversed and remanded
Persian Broadcast Service Global filed two labor condition applications promising television producer Majid Varess annual wages of $45,000 and $60,000, but paid him irregular amounts. The Board held that the employer remained bound by those wage promises after Varess entered employment. His work…
Yates v. Superior Air Charter LLC d/b/a JetSuite Air
Pilot retaliation award affirmed with notice relief removed
JetSuite Air discharged pilot Colin Yates after he reported safety concerns to the National Transportation Safety Board about a crash landing and the aircraft's braking system. The Board upheld the ALJ's findings that Yates's NTSB interview and email were protected activity, that the activity…
Przytula v. Grand Trunk Western Railroad Co.
Non-work illness did not trigger FRSA medical-treatment protection
Grand Trunk Western Railroad discharged locomotive engineer Todd Przytula after repeated absences violated its attendance policy and his latest last-chance agreement. Przytula claimed the Federal Rail Safety Act protected his absences because he was following a physician's instructions. The Board…
Matter of Jorge GONZALEZ LEMUS
Matter of Gonzalez Lemus (BIA ID 3961): methamphetamine conviction supported removability
The Board reviewed a Mexican lawful permanent resident's appeal from a removability finding based on convictions for possessing methamphetamine and marijuana under Iowa law. The Board held that the identity of the controlled substance is an element of the Iowa offense, making the statute divisible…
VMP Tuning, Inc.
In re VMP Tuning, Inc. (EAB CAA Appeal No. 19-05C): $60,000 defeat-device settlement
VMP Tuning, Inc. sold aftermarket parts for Ford light-duty gasoline vehicles. EPA alleged that between January 1, 2014, and November 2, 2015, the company sold 1,409 tuners, 45 catalyst eliminator pipes, and 88 EGR eliminators, for a total of 1,542 defeat devices. The company admitted EPA…
More Power Tuning, LLC
In re More Power Tuning, LLC (EAB CAA Appeal No. 19-04C): $100,025 defeat-device settlement
More Power Tuning, LLC sold aftermarket parts for Ford and General Motors light-duty gasoline vehicles. EPA alleged that between January 1, 2014, and August 15, 2015, the company sold 3,220 tuners, 1,965 custom electronic-control-module tunes, and 84 catalyst eliminator pipes, for a total of 5,269…
United States Department of Labor, Office of Federal Contract Compliance Programs v. Patriot Steel, LLC
OFCCP v. Patriot Steel, LLC (DOL ARB 2019-0086): unopposed default judgment adopted
The Department of Labor's Office of Federal Contract Compliance Programs brought an Executive Order 11246 case against Patriot Steel. An ALJ issued a recommended decision and default judgment on July 25, 2019. No party filed exceptions, and the deadlines for exceptions or extensions expired. The…
FabArc Steel Supply, Inc.
Lockout and forklift violations affirmed
FabArc Steel Supply manufactured fabricated steel products at its Oxford, Alabama facility. OSHA cited the company after an inspection found issues involving fall-protection training, hazardous-energy controls during motor removal, and a forklift operated with a broken horn and fluid leaks. The…
International Fire Protection, Inc.
Narrow scaffold-plank citation affirmed
International Fire Protection employees replaced sprinkler-system components inside a cooling tower about 40 to 50 feet above the ground. The crew used movable wood planks about 10 inches wide as working surfaces and walkways, and a foreman suffered a serious arm injury when a plank twisted and he…
Hu v. PTC, Inc.
China-based SOX retaliation claim dismissed
Hu Li Tao worked entirely in China for a Chinese subsidiary of U.S.-based PTC and alleged that reporting false sales orders led to his suspension and discharge. The Board held that Sarbanes-Oxley Section 806 does not apply outside the United States because Congress gave no clear indication of…
Clem and Spencer v. Computer Sciences Corp.
Nuclear-site retaliation liability vacated for new causation findings
Computer Sciences Corp. IT employees Kirtley Clem and Matthew Spencer raised concerns about staffing, errors, and worker-safety risks in medical-clearance software at the Hanford nuclear site. The Board affirmed findings that their complaints were protected under the Energy Reorganization Act, the…
Administrator, Wage and Hour Division v. Fernandez Farms, Inc. and Gonzalo Fernandez
Administrator v. Fernandez Farms, Inc. and Gonzalo Fernandez (DOL ARB 2016-0097): successor debarment denied without written notice
The Wage and Hour Division sought to debar three individuals and two businesses as successors to Fernandez Farms based on H-2A program violations. Those proposed successors were not named in the enforcement notices and first faced requested relief during the ALJ hearing. The Board held that the…
Lexington Container Company
In re Lexington Container Company (EAB CAA Appeal No. 19-03C): $110,000 portable-fuel-container settlement
Lexington Container Company sold food-grade, survival, and other containers from Kentucky. EPA alleged that between January 1, 2014, and June 1, 2016, the company sold, offered for sale, introduced into commerce, and imported 12,887 portable fuel containers that were not covered by an EPA…
Best Choice Products, Inc.
In re Best Choice Products, Inc. (EAB CAA Appeal No. 19-02C): $99,000 portable-fuel-container settlement
Best Choice Products, Inc. sold products online from California. EPA alleged that between March 4, 2014, and May 18, 2017, the company imported and sold 11,191 portable fuel containers that were not covered by an EPA certificate of conformity, were not labeled as required, and did not meet the…
Aityahia v. Aviation Academy of America
Flight academy outside AIR21 coverage
Aziz Aityahia alleged that Aviation Academy of America fired him for making safety complaints. The Board agreed with the ALJ that no evidence showed the academy was an air carrier or a contractor or subcontractor of an air carrier covered by AIR21. Its corporate relationship to any company…
North Shore Strapping Company
Four roofing fall-protection violations affirmed
North Shore Strapping used employees and company managers to replace the roof of its Ohio manufacturing facility. OSHA observed an employee riding an aerial lift without tying off and workers installing roofing material near a 25-foot roof edge without an effective fall-protection system. The judge…
Secretary of Labor v. Hoffman Construction Company, Inc.
Missing haul-road berm citation affirmed
Hoffman Construction used a newly built mine road for active haulage while about 75 feet of the road lacked a berm beside a steep drop-off measuring 7 to 10 feet. Tire tracks showed that large articulated haul trucks traveled within a few feet of the unprotected edge multiple times per day. Judge…
Clifford v. Conoco Phillips
Water-pollution whistleblower complaint filed late
Conoco Phillips notified regulatory supervisor Judith Clifford on April 7, 2016, that her employment would end on April 27. She filed a Water Pollution Control Act retaliation complaint 46 days after receiving that notice, beyond the statute's 30-day deadline. The Board held that the filing period…
Harte v. Metropolitan Transportation Authority/New York City Transit Authority and Mark Ruggiero
Harte v. Metropolitan Transportation Authority/New York City Transit Authority (DOL ARB 2017-0002): transit workplace-safety retaliation award affirmed
New York City Transit Authority employee Janathan Harte reported safety hazards and participated in a state inspection at a shop that fabricated track components. After he disputed management's claim that an unguarded drill press was inoperable by turning it on, a supervisor threatened his overtime…
Red Lake Nation Fisheries, Inc.
Tribal-enterprise citations dismissed
Red Lake Nation Fisheries was a commercial fishing and fish-processing enterprise owned and operated by the Red Lake Band of Chippewa Indians on its Minnesota reservation. After two employees drowned while harvesting fish, OSHA cited the enterprise for not requiring personal flotation devices and…
Northpac Corporation d/b/a Northpac Construction
Contest dismissed after discovery defaults
OSHA cited Northpac Construction after inspecting a worksite in Saipan, Northern Mariana Islands. The employer timely contested one serious and two repeat violations carrying $12,197 in proposed penalties. During the case, Northpac repeatedly provided incomplete discovery responses, failed to…
Secretary of Labor v. The Monongalia County Coal Co., successor to Consolidation Coal Co.
Secretary of Labor v. The Monongalia County Coal Company (FMSHRC WEVA 2015-0074): Accumulation cases settled for $40,500
The Secretary cited Monongalia County Coal for three combustible-material accumulation violations and two inadequate belt-examination violations across three dockets. The accumulation citations had also been identified as possible predicates for a repeated flagrant theory in related litigation. The…
TNT Crane & Rigging, Inc.
Crane ground-support violation affirmed
TNT Crane & Rigging used a mobile crane to replace rooftop air-conditioning units at a Texas retail store. During setup, the operator swung the fully counterweighted crane while its outriggers were only half extended and two rear outriggers lacked steel support mats. An outrigger broke through…
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.