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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The Edward R. Hart Co.
Three serious scaffold and training violations affirmed
The Edward R. Hart Co. was an insulation subcontractor working at the Dover Chemical plant in Dover, Ohio. Responding to a complaint about workers on unguarded scaffolds, OSHA inspected and issued a three-item serious citation. OSHA charged that the company failed to train employees to recognize…
Empire Company, Inc.
Marine-terminal coverage affirmed
Empire repaired and rented equipment at a Puerto Rico facility about one-half mile from a municipal wharf. Most of its chassis, container, and finger-lift work served maritime customers, although it did not itself move cargo between vessels and shore. The Commission accepted OSHA's interpretation…
Tri-State Steel Construction, Inc., and National Engineering & Contracting Company
Attorney-fee applications denied
This order resolves a request for legal fees after two consolidated OSHA cases arising from a highway bridge rehabilitation project in Cincinnati, Ohio. Tri-State Steel Construction, a wholly-owned subsidiary of National Engineering & Contracting Company (NEC), had prevailed on several citation…
Oscar Renda Contracting, Inc.
Record reopened after interpreter and witness failures
An employee died when a 3,500-pound plate fell while being lowered into a trench, and OSHA issued numerous serious citations with $26,400 in proposed penalties. At the hearing, the inspecting officer did not appear, two key Spanish-speaking witnesses could not communicate effectively without an…
Anderson Excavating and Wrecking Company
Demolition fall violation found willful
Three employees manually demolished a bank vault about 35 feet above the ground without safety belts, nets, or other fall protection. The Commission found Anderson plainly indifferent because it provided only vague warnings not to fall, gave inadequate hazard training, and did not have…
Naporano Iron & Metal Company
Scrap-loading crane cited for no load indicating device and unguarded swing radius, both items affirmed
Naporano ran a scrap metal terminal at Port Newark, New Jersey, where barge-mounted cranes loaded scrap onto vessels and occasionally unloaded steel rails. After an inspection, OSHA cited two serious violations of the longshoring crane standard: no load indicating device on either crane, 29 C.F.R…
Navieras NPR, Inc.
Dismissal reviewed so settlement could be considered
The judge dismissed the case and vacated the citations after the Secretary failed to file a complaint by the final deadline. Before that dismissal became a final order, the Secretary submitted a settlement that the parties had apparently reached before the judge ruled. The agreement withdrew one…
Color Image, Inc.
Ten-minute forklift instruction was inadequate
Color Image used a stand-up forklift in its warehouse and allowed four employees to operate it. An employee who had experience only with a different type of forklift received a ten-minute oral demonstration in Vietnamese, was not tested, and was later seen operating unsafely several times. OSHA…
Kokosing Construction Co., Inc.
Rebar item affirmed, formwork fall item vacated
A Kokosing carpenter fell about 22 feet while dismantling concrete formwork and died near two rows of unguarded reinforcing steel. The Commission found that part of his body could have fallen onto the rebar and that the conspicuous condition, crews in the area, and inadequate inspection…
Gem Industrial, Inc.
Fall item affirmed as serious, not repeated
Three GEM ironworkers performed detailing work on beams about 31 feet above the ground without fall protection. The Commission found that GEM had a communicated tie-off rule, but its repeated oral warnings were ineffective, its progressive discipline was not followed, and its monitoring was…
MBH Builders, Inc.
Review petition dismissed after no brief was filed
The judge entered a default judgment against MBH Builders and affirmed the citations and proposed penalties. MBH petitioned the Commission for discretionary review but did not respond to the briefing notice. A later certified-mail order requiring the company to file its brief was returned…
Mashantucket Sand Gravel
Tribal intramural work fell outside OSH Act coverage
Mashantucket Sand & Gravel was wholly owned and managed by the Mashantucket Pequot Tribe and performed site work only on the reservation for tribal projects. The parties stipulated to the cited conditions and penalties but disputed whether the OSH Act applied. The Commission held that the…
Globe Contractors, Inc.
Power-line and trench items affirmed, inspection item vacated
OSHA inspected Globe's underground-construction site on a public road and observed a backhoe operating within ten feet of an overhead wire and an employee standing on a ladder and later a water main inside an unprotected trench. The judge rejected Globe's warrant and inspection-conduct objections…
Sunshine Guardrail Service
Advance traffic signs required for roadside work
Sunshine replaced guardrail posts beside four lanes of Florida Turnpike traffic after the general contractor failed to place the required advance construction signs. The crew used cones, safety vests, truck warning lights, and the guardrail area, but those measures did not warn motorists in…
Herzog Food, Inc.
Late contest dismissed for lack of excusable neglect
Herzog received OSHA's citation and proposed penalty on December 18, 1995, making its notice of contest due January 10, 1996. Its attorney did not send a protest until January 18. Herzog blamed snow emergencies, but the record showed that the owner and insurance representatives received, read, and…
D. A. Collins Constr. Co., Inc.
Foreman's tie-off violations defeated misconduct defense
Collins carpenters stripped bridge formwork from a temporary platform 34 feet above the ground. A carpenter fell from the bridge and died, and OSHA cited the company for fall-protection violations. Two carpenters routinely crossed the unguarded platform without tying off, and their foreman observed…
D.M. Sabia Company
Repeat scaffold violation reinstated after court mandate
Sabia stipulated that it violated the scaffold standard requiring guardrails and toeboards on elevated platforms. The judge classified the violation as repeated and assessed an agreed $4,000 penalty, but the Commission initially reduced it to serious with a $1,000 penalty under then-controlling…
Peterson Construction Co.
Unsecured decking and floor-hole items affirmed
A carpenter loosened a sheet of second-floor plywood decking to remove column formwork, leaving an opening and an unstable walking surface 21 feet above the lower level. When he stepped on the loose sheet, it lifted and he fell through the opening onto reinforcing steel, causing serious injuries…
Ralph Taynton d/b/a Service Specialty
EAJA fee request denied despite prevailing
Service Specialty sought $34,512.95 in attorney, agent, and other expenses after the Commission vacated its citation in full. The Commission had held that OSHA lacked jurisdiction because the sole proprietorship had stopped operating and no longer had an employee before the citation issued. The fee…
Hemphill Construction Co., Inc.
Repeat trench spoil-pile violation affirmed
Hemphill installed a water line in a trench while a backhoe placed excavated soil at the trench edge. An OSHA regional investigator observed employees enter the trench with the spoil pile nearby and photographed the condition. The judge credited that testimony despite the investigator's lack of…
Andrew Catapano Enterprises, Inc.
Separate trench citations largely upheld
OSHA issued nine sets of citations covering 98 alleged violations at separate water-main trench worksites along Eighth Avenue in New York City. The Commission held that the Secretary could inspect and cite the separate worksites independently because correcting a condition in one trench did not…
James Construction
Controlling employer liable for subcontractor hazards
James Construction supervised a siding subcontractor and controlled its work approval and payment. The judge held that James could not ignore repeated safety violations merely because stronger enforcement might delay the job or reduce profits. Serious items involving eye protection, unguarded…
Aero Tec Laboratories, Inc.
Plant safety items largely affirmed with reduced penalties
Aero Tec manufactured fuel tanks and containment vessels at its New Jersey plant. The judge rejected its claim that OSHA had promised no penalties or exceeded the scope of consent because management accompanied the open inspection without objecting. The decision affirmed items involving an…
Superior Tank and Trailer Co.
Press-brake item affirmed, three other items vacated
Superior repaired commercial tanks and trailers that had carried products ranging from food to gasoline and acids. The judge found that its contractor washouts, supervisor checks, atmospheric testing, periodic retesting, and forced-air ventilation adequately evaluated the units and prevented them…
Niemand Industries, Inc.
Talc items vacated after court rejected sampling method
OSHA cited Niemand for excessive talc exposure, unapproved dust masks, and failure to use feasible engineering or administrative controls. The Commission initially affirmed those items based on gravimetric sampling. The Eleventh Circuit held that OSHA could not prove a Table Z-3 violation with a…
Powder Rock, Inc.
Hard-hat and signal items affirmed, blast-area item vacated
Powder Rock performed secondary blasting for a sewer trench project. One blast unexpectedly sent rock and debris high across the worksite, seriously injuring a general-contractor employee. The judge affirmed the hard-hat item because Powder Rock's two employees worked around recurring blasting…
Jim Smith Body Shop Wrecker Serv.
Unmailed protest did not preserve contest rights
Jim Smith Body Shop received OSHA's citations and proposed penalties on January 25, 1996, making its notice of contest due February 15. The owner began a protest letter dated February 7, but the postage meter was dated February 16 and the letter did not reach the Little Rock post office until…
Kirila Contractors, Inc.
Fifth excavation offense affirmed as willful
Kirila excavated beside a highway to push a gas line and allowed its president and another employee to work in an area at least five feet deep without sloping or another protective system. The judge rejected the claim that only a small sump hole exceeded five feet and found that the cited wall was…
Connelly Construction Corp.
Scaffold guardrail violation affirmed as willful
Connelly performed masonry work from multi-level scaffolding at a shopping mall construction site. The judge found serious violations for employees without hard hats, inadequate scaffold access, missing overhead screening above a building entrance, and unguarded stairways. The principal…
Lu Mar Enterprises
Settlement of excavation citations approved
OSHA issued Lu Mar two citations alleging serious and willful excavation-related violations at a New Jersey worksite. After hearings on three dates, the parties reached a settlement and placed its terms on the record. The judge approved and incorporated the stipulated settlement in full. The…
Yellow Freight Systems, Inc.
DOT rules did not preempt OSHA spill protections
OSHA cited Yellow Freight after hazardous-material spills at its Colorado freight terminal. The Commission held that the governing transportation statute expressly prevented Department of Transportation actions from preempting OSHA enforcement for the cited working conditions. It remanded the…
Badger Underground Constr., Inc.
Default relief denied after certified notice
Badger failed to answer the Secretary's complaint or respond to a show-cause order, so its notice of contest was dismissed and the citations and proposed penalties became final. More than a year later, it appealed the Secretary's penalty-collection efforts and claimed that it had not received the…
Amerisig Southeast, Inc.
Printing-press guarding item classified as repeated
Three Amerisig employees suffered serious hand injuries from unguarded printing or binding machinery over eight months. The citation on review arose when a press unexpectedly reversed during the webbing-up process and pulled an employee's hand into the rollers. The Commission found that an…
Dr. Dione Williams
Hepatitis B vaccination citation vacated
OSHA cited Dr. Dione Williams for allegedly failing to make hepatitis B vaccination available to an employee who requested it after initially declining it. The doctor told the employee that the vaccination was free at a nearby hospital. The employee knew the hospital's location, had transportation…
Minelli Construction Company, Inc.
Mixed ruling on bridge rehabilitation safety citations
Minelli Construction Company was a subcontractor performing rehabilitation work on a New York Thruway bridge. OSHA cited the company for alleged hazards involving eye and face protection, hazard communication, fall protection, electrical equipment, suspended scaffolds, access, and gasoline storage…
Northwest Erectors, Inc.
Metal decking citation vacated
Northwest Erectors installed metal roof decking at a construction site in Pennsylvania. The company settled a fall-protection citation under 29 C.F.R. § 1926.105(a) for a $1,500 penalty. The remaining citation alleged that employees walked on decking that was not secured against movement under 29…
Hudson Wood Recycling, Inc.
Remand for employer-status jurisdiction inquiry
An administrative law judge dismissed Hudson Wood Recycling's notice of contest after the company failed to comply with prehearing requirements and did not answer a show-cause order. Hudson then asserted that it had never had employees, raising whether it was an employer covered by the Occupational…
Citadel Corporation
Excavation and training citations vacated
Citadel Corporation was the general contractor for construction of two apartment buildings on the Georgia Tech campus. OSHA alleged that Citadel failed to train employees about excavation hazards, lacked a competent person to inspect excavations, and willfully failed to protect employees from…
North Florida Shipyards, Inc.
Aerial-lift citations vacated
Two North Florida Shipyards employees used an aerial lift to move steel plates onto a barge, overloaded the basket, and did not tie off. The lift tilted and then righted itself, throwing one employee from the basket; he died from his injuries later that day. OSHA issued five serious citation items…
Superior Electric Company
Repeated guardrail violation affirmed
Superior Electric employees used an unguarded catwalk about 10 feet above the floor while completing electrical work in a renovated warehouse. An employee fell while stepping from the catwalk onto a ladder and was injured. The Commission reversed the judge's ruling that Superior lacked knowledge…
Kiewit Atkinson Kenny
Mixed ruling on tunnel electrical hazards
Kiewit Atkinson Kenny was the general contractor for a tunnel construction project on Deer Island in Massachusetts. The judge held that Kiewit could be responsible for hazards created by its electrical subcontractor because Kiewit supervised the worksite and could obtain abatement. She affirmed…
P. Gioioso & Sons, Inc.
Trench safety violations affirmed
P. Gioioso & Sons was installing water lines in Winthrop, Massachusetts, when OSHA inspectors saw a foreman and another employee inside an unprotected trench. A suspended pipe passed over the employees, and their access ladder extended only 12 inches above street level. The judge affirmed serious…
Louis Sinisgalli, d/b/a Metro Wrecking of Rochester, Inc., et al.
Willful cave-in violation affirmed
Workers were sent to remove pumps from a deep, water-filled excavation at a trailer park owned through one of Louis Sinisgalli's corporations. After the workers reported crumbling walls and unsafe conditions, Sinisgalli directed them to return and complete the work before he would pay them. A…
The Timken Company
Confined-space training violation affirmed but cut from willful to serious, penalty reduced to $3,000
The Timken Company makes tapered roller bearings and employs about 1,000 workers at its Canton, Ohio bearing plant. After an OSHA inspection, Timken was cited for confined-space violations in a heat-treat department where two vertical pit furnace areas were designated permit-required confined…
Karl & Associates
Demolition-debris violations affirmed serious after asbestos worker's fall through a collapsed grate, $1,250
Karl & Associates is an industrial environmental services firm in the Delaware Valley. In September 1995 it was removing asbestos from a building at the former Publicker distillery in Philadelphia ahead of demolition. A grate on the sixth floor collapsed, and an employee, Norman Williams, fell two…
MRC Technologies, Inc.
Commission lets stand an ALJ penalty cut for a financially strapped employer
MRC Technologies repaired stone-crushing equipment tied to road construction in the Niagara Falls, New York area. After a 1993 inspection, OSHA cited the company across two dockets for numerous serious and nonserious violations plus one willful crane-safety violation, and proposed $35,250 in…
Sanders Lead Company
Commission approves a partial settlement of lead-standard citations
Sanders Lead Company is an employer subject to OSHA's lead standard, 29 C.F.R. 1910.1025. OSHA issued citations in February 1987 covering employee notification of corrective action, training, and respirator-choice requirements under that standard. The case had a long history: the Commission issued…
Consolidated Concepts, Inc., Camden Development, Inc., Noconi Construction Corporation
Most citations vacated, one pump-jack scaffold item affirmed serious, $1,500
OSHA inspected a three-story apartment complex under construction in Corpus Christi, Texas, and issued serious citations to three companies at the site: Consolidated Concepts (CCI), Camden Development (the general contractor), and Noconi Construction. All three contested, the cases were…
Linde Enterprises, Inc.
Trenching cave-in items affirmed serious, seat-belt item vacated, $1,800
Linde Enterprises is a Pennsylvania excavating contractor that was installing utility lines in Dunmore, Pennsylvania. Acting on an anonymous complaint, an OSHA compliance officer inspected the trench worksite and issued one serious citation with four items. Linde first argued the inspection was…
F.A. Bartlett Tree Expert Co., Inc.
Commission declines interlocutory review and reassigns a rejected-settlement case
F.A. Bartlett Tree Expert Co. does line-clearance tree trimming. After a June 1995 job in Old Lyme, Connecticut, OSHA issued a serious citation for failing to keep employees the minimum distance from energized parts and an other-than-serious citation for a missing face shield at a wood chipper…
Sloan Steel Erectors and Equipment Rental, Inc.
Late notice of contest dismissed, citation affirmed by operation of law
Sloan Steel Erectors and Equipment Rental received an OSHA citation and proposed penalty by certified mail on September 26, 1995. Under the OSH Act an employer has 15 working days to file a written notice of contest, which set Sloan's deadline at October 18, 1995. The parties held an informal…
National Engineering & Contracting Company
Willful crane-overturn items vacated, seat-belt and ladder items affirmed serious, $2,500
National Engineering & Contracting was the general contractor on an Ohio Department of Transportation soil-erosion project along a ravine in Lakewood, Ohio. A 28-ton Grove crane overturned into the ravine on August 19, 1994, injuring the operator, which prompted an OSHA inspection and two…
Harbert-Yeargin, Inc.
Seven electrical and scaffold items affirmed serious, four vacated, $4,500
Harbert-Yeargin was the general contractor building a cogeneration power plant in Fort Myers, Florida, that would turn municipal solid waste into steam and electricity for Lee County. While inspecting the site over another contractor in June 1994, an OSHA compliance officer also cited…
ICG Electric, Inc.
Trench inspection and cave-in protection violations affirmed, one serious and one repeat, $12,000
ICG Electric installs underground lines and was working two excavations at an intersection in Aurora, Colorado. Acting on a complaint from the Aurora Fire Department, an OSHA compliance officer inspected the site and found employees in unshored trenches roughly five and a half to six feet deep, in…
Montana Sulphur and Chemical Co.
Commission vacates the two hydrogen-sulfide respirator items after the Secretary withdraws them
Montana Sulphur and Chemical Company makes chemicals, including liquefied hydrogen sulfide, at a plant in Billings, Montana. After a 1994 inspection, OSHA cited the company and the parties settled every item except two serious ones: that loading-crew employees did not wear supplied-air respirators…
New Jersey Monument Co.
Late notice of contest dismissed, citation affirmed by operation of law
New Jersey Monument Co. is a very small company with one shop employee. OSHA issued it a citation and proposed penalty by certified mail on June 16, 1995, received June 19, which set a July 11, 1995 deadline to file a written notice of contest. The company did not file on time. It later wrote to…
EL-O Electric, Inc.
Unguarded live breaker panel affirmed serious, $400
EL-O Electric was the electrical subcontractor on a school renovation and expansion in Cuyahoga Falls, Ohio. During a complaint inspection, an OSHA compliance officer found an open circuit-breaker panel energized at 208 volts on the boiler-room wall. EL-O's electricians had removed the screwed-on…
Alabama River Pulp Co., Inc.
Floor-opening, manlift, and lockout/tagout violations affirmed, penalties reduced to $1,000
Alabama River Pulp runs a large pulp mill in Perdue Hill, Alabama. During the plant's annual maintenance outage in April 1995, a subcontractor employee fell at a manlift in the digester building and died; the parties stipulated that the death was not caused by any of the violations later cited…
Montana Sulphur and Chemical Co.
March 26 dismissal order with the full ALJ decision vacating both hydrogen-sulfide items
Montana Sulphur and Chemical Company makes chemicals, including liquefied hydrogen sulfide, at a plant in Billings, Montana. After a 1994 inspection, OSHA and the company settled every citation item except two serious ones: that loading-crew employees did not wear supplied-air respirators when…
E & R Erectors, Inc.
Steel-erection fall-protection and crane items affirmed against E & R, related companies dismissed, $3,000
OSHA inspected the steel erection at the ASTM International Headquarters construction site in West Conshohocken, Pennsylvania, and cited E & R Erectors, Inc. E & R claimed it was not on the site that day, so the Secretary amended the complaint to add two related companies, Samuel Grossi and Sons…
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.