Federal agency decisions, searchable in plain English.
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC) and mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Secretary of Labor v. Morton Salt, Inc.
Secretary of Labor v. Morton Salt, Inc. (FMSHRC CENT 2022-0135): New specialist's conference mistake excused
Morton Salt's newly assigned health and safety specialist did not file a penalty contest because he was unfamiliar with the process. He believed no contest was required while the citations were being conferenced and one remained under investigation. The assessment therefore became a final…
Secretary of Labor v. Nevada Ready Mix Corp.
Secretary of Labor v. Nevada Ready Mix Corp. (FMSHRC WEST 2020-0401): Pandemic-related filing error supported reopening
Nevada Ready Mix Corp. failed to contest a proposed penalty assessment within the Mine Act's 30-day deadline, causing the assessment to become a final Commission order. The company said it mistakenly marked the contest form, and counsel directed an assistant to correct it. The assistant did not…
Secretary of Labor v. New Point Stone Co., Inc.
Secretary of Labor v. New Point Stone Co., Inc. (FMSHRC LAKE 2022-0071): Two misaddressed contests reopened
New Point Stone timely prepared notices contesting portions of two proposed penalty assessments. For each assessment, it mistakenly sent the contest notice with a partial payment to MSHA's payment address instead of mailing the notice to the separate contest address. The Secretary did not oppose…
Secretary of Labor v. Harrison Sand & Gravel Co., Inc.
Secretary of Labor v. Harrison Sand & Gravel Co., Inc. (FMSHRC LAKE 2022-0069): Misaddressed penalty contests reopened
Harrison Sand & Gravel received two proposed penalty assessments and timely prepared notices contesting part of each assessment. It mistakenly mailed both contest notices with the partial payments to MSHA's payment address instead of sending the notices to the separate contest address. The…
Secretary of Labor v. Callender Construction Company, Inc.
Secretary of Labor v. Callender Construction Company, Inc. (FMSHRC LAKE 2020-0189-M): Paid penalties prompted show-cause order
Callender Construction moved to reopen a final penalty assessment to contest three citations, but the record indicated that the associated penalties had already been paid. The Commission's acknowledgment letter used the wrong assessment-control number, and the Secretary's unopposed response…
Secretary of Labor v. Westfall Aggregate & Materials, Inc.
Secretary of Labor v. Westfall Aggregate & Materials, Inc. (FMSHRC LAKE 2019-0317 M): No final order without proof of a written citation
Westfall Aggregate & Materials, Inc. asked the Commission to reopen a $16,400 special assessment tied to Citation No. 6559330, about seven years after the assessment allegedly became final. The Commission majority found that the record contained MSHA's internal special-assessment documentation but…
Secretary of Labor v. Stony Creek Quarry Corporation
Secretary of Labor v. Stony Creek Quarry Corporation (FMSHRC YORK 2022-0011): One-year limit barred reopening
Stony Creek Quarry Corporation did not contest a proposed penalty within 30 days, so the assessment became a final Commission order on April 9, 2020. The company said it left MSHA a message about the assessment and assumed the agency's operations had been disrupted by the pandemic. MSHA later…
Secretary of Labor v. Richmond Material Company
Secretary of Labor v. Richmond Material Company (FMSHRC CENT 2022-0048): Prompt motion after a missing assessment supported reopening
Richmond Material Company did not contest a proposed penalty within 30 days, so the assessment became a final Commission order. The company said it never received the assessment and first learned of it through a delinquency letter dated November 17, 2021. It also said mail at the listed address was…
Secretary of Labor v. JMAC Resources
Secretary of Labor v. JMAC Resources (FMSHRC WEST 2021-0266): Lost contest mail supported reopening
JMAC Resources mailed its notice contesting a proposed penalty on April 22, 2021, within the Mine Act's 30-day deadline. MSHA did not receive the notice, and the assessment became a final Commission order on May 6. JMAC said the notice was lost in the postal system and noted that delivery of the…
Secretary of Labor v. Thermocal Minerals of Idaho, LLC
Secretary of Labor v. Thermocal Minerals of Idaho, LLC (FMSHRC WEST 2021-0250): Management transition supported reopening
Thermocal Minerals of Idaho LLC did not contest a proposed penalty within 30 days, so the assessment became a final Commission order in September 2020. The mine had recently changed management, and the departing manager did not pass the assessment paperwork to the new manager. Thermocal learned of…
Secretary of Labor v. Mach Mining, LLC
Secretary of Labor v. Mach Mining, LLC (FMSHRC LAKE 2021-0195): Isolated processing mistake supported reopening
Mach Mining LLC did not contest a proposed penalty within 30 days, so the assessment became a final Commission order. Its Director of Safety and Compliance failed to follow the usual procedure of immediately forwarding the assessment for review and processing. Mach Mining said this type of mistake…
Secretary of Labor v. Kerford Limestone Company
Secretary of Labor v. Kerford Limestone Company (FMSHRC CENT 2022-0002): Counsel's filing error supported reopening
Kerford Limestone Company did not contest a proposed penalty within 30 days, so the assessment became a final Commission order. Kerford's counsel prepared the contest paperwork on time and emailed it to the firm's administrative staff, but the paperwork was apparently never filed. The Secretary did…
Secretary of Labor v. Lo Down Energy, Inc.
Secretary of Labor v. Lo Down Energy, Inc. (FMSHRC WEVA 2020-0261): Staff illness supported reopening
Lo Down Energy, Inc. did not contest a proposed penalty within 30 days, so the assessment became a final Commission order. The employee responsible for penalty contests was out sick when the assessment arrived and later left the job because of the illness. Lo Down said the staffing disruption…
Secretary of Labor v. Lehigh Cement Company, LLC
Secretary of Labor v. Lehigh Cement Company, LLC (FMSHRC LAKE 2020-0053 M): Timely contest sent to the wrong office was reopened
Lehigh Cement Company LLC tried to contest part of a proposed penalty assessment within the Mine Act's deadline. It mistakenly mailed the contest with payment for uncontested citations to MSHA's St. Louis payment office instead of the correct office in Arlington, Virginia. Lehigh supplied proof of…
BC Quarries, LLC v. Secretary of Labor and Secretary of Labor v. BC Quarries, LLC
BC Quarries, LLC v. Secretary of Labor and Secretary of Labor v. BC Quarries, LLC (FMSHRC PENN 2020-0110-RM): Most withdrawal orders upheld, two vacated
BC Quarries operates the Shirvan Quarry, a Pennsylvania surface mine that produces dimension stone. Judge Thomas P. McCarthy dismissed eight citation contests because BC Quarries did not timely contest the related penalty assessments, which had already become final Commission orders. Of the eleven…
Secretary of Labor v. The Quikrete Companies
Secretary of Labor v. The Quikrete Companies (FMSHRC YORK 2021-0034): Misplaced assessment reopened after COVID-19 outbreak
A proposed penalty assessment became final after Quikrete did not file a contest within 30 days. Quikrete explained that a COVID-19 outbreak left its office and plant understaffed and the assessment was inadvertently misplaced. After realizing it lacked the document, the company contacted MSHA and…
Secretary of Labor v. Lo Down Energy, Inc.
Secretary of Labor v. Lo Down Energy, Inc. (FMSHRC WEVA 2021-0180): Four misplaced assessments reopened
Four proposed penalty assessments became final after Lo Down Energy did not contest them within 30 days. The operator had rerouted MSHA assessments to its accounting office during the COVID-19 pandemic, but employees worked there only intermittently and the documents were misplaced. Lo Down learned…
Secretary of Labor v. Cooper Stone, LLC
Secretary of Labor v. Cooper Stone, LLC (FMSHRC CENT 2021-0131): Unreceived penalty assessment reopened
A proposed penalty assessment became final after Cooper Stone did not contest it within 30 days. The operator said it had ongoing mail-delivery problems, did not receive the assessment, and first learned about it from a later statement listing the uncontested violations. The Secretary did not…
Secretary of Labor v. United Taconite, LLC
Secretary of Labor v. United Taconite, LLC (FMSHRC LAKE 2020-0014): Four late-contested citations reopened
United Taconite's proposed assessment became final after an employee failed to deliver it to the safety director before the 30-day contest deadline. The company mailed a contest for four citations two days after the deadline, and the Secretary did not oppose reopening or allege bad faith. The…
Secretary of Labor v. Champlain Stone, Ltd.
Secretary of Labor v. Champlain Stone, Ltd. (FMSHRC YORK 2021-0048): Misaddressed contest excused
Champlain Stone timely prepared a contest of proposed penalties but mailed it to MSHA's St. Louis payment office with payment for uncontested violations. The company discovered the mistake after receiving a delinquency notice and then sought reopening. The Secretary did not oppose relief but urged…
Secretary of Labor v. Blue Mountain Minerals
Secretary of Labor v. Blue Mountain Minerals (FMSHRC WEST 2021-0182): Reopening motion dismissed as moot
Blue Mountain Minerals asked the Commission to reopen a penalty assessment that appeared to have become final because no contest was recorded. The Secretary later confirmed that the operator had timely requested a hearing and that MSHA's mail processing had delayed discovery of the contest. MSHA…
Secretary of Labor v. DelHur Industries, Inc.
Secretary of Labor v. DelHur Industries, Inc. (FMSHRC WEST 2021-0107): Unreceived assessment never became final
DelHur Industries did not receive a proposed penalty assessment that the Postal Service returned to the Secretary as unclaimed. The company learned of the penalties from a delinquency letter and filed a reopening motion within 30 days. The Commission held that the assessment never became final…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0036): Three mailed contests reopened
Consol Pennsylvania Coal Company sought to reopen three penalty assessments after contests it said it mailed were not received. MSHA's collection office had received partial payments for the uncontested penalties, but the payments were applied to the wrong citations because the agency did not know…
Secretary of Labor v. Buzzi Unicem USA
Secretary of Labor v. Buzzi Unicem USA (FMSHRC CENT 2021-0051 M): Mailing error excused
Buzzi Unicem intended to contest part of a proposed penalty assessment but sent the contest to MSHA's St. Louis collections office instead of agency headquarters. It learned of the error from a delinquency notice and promptly moved to reopen. The Secretary did not oppose the motion and confirmed…
Palm Beach Aggregates LLC v. Secretary of Labor and Secretary of Labor v. Palm Beach Aggregates LLC
Palm Beach Aggregates LLC v. Secretary of Labor (FMSHRC SE 2020-0067 RM): Pandemic mail delay excused
Palm Beach Aggregates began working remotely one day before a proposed assessment arrived in March 2020. The assessment did not reach the safety director until after the contest deadline, and the company filed a contest about two weeks later. The Commission found the moderate delay excusable under…
Secretary of Labor v. Mingo Logan Coal, LLC
Secretary of Labor v. Mingo Logan Coal, LLC (FMSHRC WEVA 2019-0320): Unmailed contest form excused
Mingo Logan Coal's assistant safety manager timely completed a form identifying ten citations for contest. A clerical error left the completed form unmailed, and an internal audit found the mistake about six weeks after the assessment became final. The company then contacted counsel to seek…
Secretary of Labor v. Pedrotti Materials, LLC
Secretary of Labor v. Pedrotti Materials, LLC (FMSHRC WEST 2020-0275 M): Misaddressed assessment never became final
Pedrotti Materials did not receive a proposed penalty assessment because MSHA mailed it to the wrong address. The Secretary confirmed the agency's addressing error. The Commission held that the assessment never became final because the operator had not received it, so Rule 60 reopening relief was…
Secretary of Labor v. Naselle Rock and Asphalt Company
Secretary of Labor v. Naselle Rock and Asphalt Company (FMSHRC WEST 2020-0341 M): Pandemic-delayed contests reopened
Naselle Rock and Asphalt received two proposed penalty assessments on March 23, 2020. Its offices closed one week later as a COVID-19 safety precaution, and personnel did not return until the week the assessments became final. Naselle mailed its contest forms on April 23, one day after the…
Secretary of Labor v. American Sand Company, LLC
Secretary of Labor v. American Sand Company, LLC (FMSHRC SE 2019-0252 M): Unmarked penalty contest reopened
American Sand timely contested three of four penalties on an assessment, but MSHA's stamped copy showed the fourth contest box was unmarked. The company later sent a letter explaining why it challenged that penalty and filed a reopening motion within 30 days after receiving a delinquency notice…
Secretary of Labor v. Southwest Energy, LLC
Secretary of Labor v. Southwest Energy, LLC (FMSHRC WEST 2020-0248 M): Misdirected penalty contest reopened
Southwest Energy attempted to contest a proposed penalty but mailed the form to a St. Louis post office box instead of MSHA's Civil Penalty Compliance Office in Arlington. After discovering the addressing mistake, the company tried to resend the contest but encountered pandemic-related mail…
Secretary of Labor v. Bailey Quarries, Inc. and Secretary of Labor v. Carroll County Stone, Inc.
Secretary of Labor v. Bailey Quarries, Inc. and Carroll County Stone, Inc. (FMSHRC CENT 2020-0043): Four assessments conditionally reopened
Bailey Quarries and Carroll County Stone mistakenly sent four penalty contests with other payments to MSHA's St. Louis address instead of the Civil Penalty Compliance Office. The Secretary did not oppose reopening. The Commission found mistake sufficient to grant relief but could not determine the…
Secretary of Labor v. Copenhaver Construction, Inc.
Secretary of Labor v. Copenhaver Construction, Inc. (FMSHRC WEST 2019-0461-M): Change of mind did not justify reopening
Copenhaver Construction asked the Commission to reopen penalty assessments covering 15 citations after it had paid $8,062. The company later contested a specially assessed penalty from the same inspection and then decided it wanted to contest every citation from that inspection. The Commission…
Secretary of Labor v. River View Coal, LLC
Secretary of Labor v. River View Coal, LLC (FMSHRC KENT 2019-0205): Emailed contest supported reopening
River View Coal asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had attempted to email its notice of contest before the deadline, and the Secretary did not oppose reopening. The Commission found good cause to relieve River…
Secretary of Labor v. Cargill Deicing Technology
Secretary of Labor v. Cargill Deicing Technology (FMSHRC CENT 2020-0130): Misdirected contest forms reopened
Cargill Deicing Technology sought to reopen two penalty assessments that had become final orders. The company said it inadvertently mailed the contest forms with payment for other citations to MSHA's St. Louis address. The Secretary did not oppose reopening but urged Cargill to send future contests…
Secretary of Labor v. Marfork Coal Company
Secretary of Labor v. Marfork Coal Company (FMSHRC WEVA 2019-0321): Incorrect receipt date supported reopening
Marfork Coal missed a penalty-contest deadline after a delivery delay caused staff to record the assessment as received two days later than its actual delivery date. The company mailed its contest by the incorrectly calculated deadline, learned of the delinquency the next month, and moved to reopen…
Secretary of Labor v. Southern Aggregates, LLC
Secretary of Labor v. Southern Aggregates, LLC (FMSHRC CENT 2018-0403): Informal-conference mistake supported reopening
Southern Aggregates missed a penalty-contest deadline because it mistakenly believed a pending informal conference stayed the deadline. The operator discovered the error during an internal review and submitted its contest six days after the assessment became final. It also adopted a procedure…
Secretary of Labor v. Decker Coal Co.
Secretary of Labor v. Decker Coal Co. (FMSHRC WEST 2021-0015): 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…
Secretary of Labor v. Coal-Mac, LLC
Secretary of Labor v. Coal-Mac, LLC (FMSHRC WEVA 2021-0025-M): 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.
Secretary of Labor v. Limestone Dust Corp. (FMSHRC VA 2020-0057-M): 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
Secretary of Labor v. Peabody Southeast Mining, LLC (FMSHRC SE 2021-0024-M): 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
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0251-M): 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…
Secretary of Labor v. KC Transport, Inc.
Secretary of Labor v. KC Transport, Inc. (FMSHRC WEVA 2019-0622): 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.
Secretary of Labor v. Ludwig Explosives, Inc. (FMSHRC LAKE 2020-0033): 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…
Secretary of Labor v. W.W. Clyde & Co.
Secretary of Labor v. W.W. Clyde & Co. (FMSHRC WEST 2020-0141-M): 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
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0250-M): 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.
Secretary of Labor v. Central Sand Co., Inc. (FMSHRC CENT 2020-0178-M): 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.
Secretary of Labor v. GCC Dacotah, Inc. (FMSHRC CENT 2020-0155-M): 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…
Secretary of Labor v. U.S. Silica
Secretary of Labor v. U.S. Silica (FMSHRC WEVA 2020-0270): 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. Marfork Coal Company, LLC
Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2020-0204): 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…
Secretary of Labor v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2019-0094): Conference-process mistake supported reopening
Oak Grove Resources requested a conference on a section 104(b) order and told the inspector that it intended to challenge the order. The operator believed it did not need to file a contest until the conference process ended and repeatedly sought the result from MSHA. After MSHA told the operator…
Secretary of Labor v. William Tackitt
Secretary of Labor v. William Tackitt (FMSHRC LAKE 2020-0083): Mine closure and individual-assessment confusion supported reopening
William Tackitt received an individual penalty assessment under section 110(c) while the mine that employed him was closed. The mine had a reliable contest procedure but was unfamiliar with individual assessments and had already contested the related assessments issued against the operator. Counsel…
Secretary of Labor v. Holcim (US) Inc.
Secretary of Labor v. Holcim (US) Inc. (FMSHRC PENN 2020-0022): One order was vacated and the other was timely contested
Holcim sought to reopen contests of two section 104(b) withdrawal orders. The first order had already been contested with its underlying citation and was vacated by the Secretary in an approved settlement, making reopening moot. For the second order, Holcim's reopening motion was filed three days…
Secretary of Labor v. Imerys Carbonates USA, Inc.
Secretary of Labor v. Imerys Carbonates USA, Inc. (FMSHRC SE 2020-0140): Misdirected contest package supported reopening
MSHA issued Imerys 130 citations during a nine-week inspection and divided them between two proposed assessments. Imerys timely mailed two contest packages, but sent them with payments to MSHA's St. Louis address instead of the contest address in Arlington. Only the first package was forwarded…
Secretary of Labor v. Huber Carbonates, LLC
Secretary of Labor v. Huber Carbonates, LLC (FMSHRC LAKE 2019-0236): Settled withdrawal order made reopening moot
Huber Carbonates sought permission to file a late contest of a section 104(b) withdrawal order. The company had already timely contested the penalty assessment for the underlying citation, which allowed the withdrawal order to be challenged in that penalty case. While the reopening motion was…
Secretary of Labor v. O&G Industries, Inc.
Secretary of Labor v. O&G Industries, Inc. (FMSHRC YORK 2020-0048-M): Unopposed reopening motion granted
O&G Industries 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. Nyrstar Tennessee Mines, Strawberry Plains, LLC
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0163-M): Unopposed reopening motion granted
Nyrstar Tennessee Mines 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. Genesis Alkali, LLC
Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2020-0156-M): Temporary staffing change supported reopening
During a temporary change in administrative staff, Genesis Alkali mailed two intended citation contests with its payment for the other violations to MSHA's St. Louis payment address instead of the Arlington contest office. The company later checked MSHA's data system and saw that the two citations…
Secretary of Labor v. Eiger Mountain Crushing, LLC
Secretary of Labor v. Eiger Mountain Crushing, LLC (FMSHRC WEST 2019-0517-M): Certified-mail record supported reopening
Eiger Mountain Crushing believed it had timely mailed its contest by certified mail to the correct MSHA address and provided the return-receipt documentation. An MSHA delinquency notice later showed that the contest had not been timely received. Counsel promptly sought reopening, and the Secretary…
Secretary of Labor v. Freeport-McMoran Morenci, Inc.
Secretary of Labor v. Freeport-McMoran Morenci, Inc. (FMSHRC WEST 2019-0278-M): Staffing shortage supported reopening
Freeport-McMoRan Morenci was short-staffed after two industrial-hygiene employees resigned. The health and safety superintendent was covering that program while also handling proposed assessments and mistakenly believed the normal contest procedure had been completed. When MSHA sent a delinquency…
Secretary of Labor v. Commonwealth Mining, LLC
Secretary of Labor v. Commonwealth Mining, LLC (FMSHRC VA 2020-0021): Claimed nonreceipt supported reopening
Commonwealth Mining said it did not receive a proposed assessment containing four citations it intended to contest, although the Secretary confirmed delivery to the address of record. The operator adopted procedures and training to prevent another missed filing. Its representative promptly sought…
What these documents are
- Commission decisions: Rulings by the Occupational Safety and Health Review Commission itself, the highest level of agency review. These are citable as Commission precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by OSHRC Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order under 29 U.S.C. § 661(j): it binds the parties in that case but is not binding precedent in other cases.
- 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 OSHRC public release, and the full text on the page is that release. The plain-English summaries are written by Ezel.