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.

7,177 decisions and counting · Latest decision July 17, 2026
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COMM

Secretary of Labor v. Black Mountain Industrial Minerals, LLC

Secretary of Labor v. Black Mountain Industrial Minerals, LLC (FMSHRC WEST 2012-1059-M): Paper-clipped assessment reopened

Black Mountain missed its penalty-contest deadline because the proposed assessment had been paper-clipped to the back of a magazine. The company found the assessment after receiving MSHA's delinquency notice and revised its procedures for handling agency correspondence. The Secretary did not oppose…

February 14, 2013
Remanded
COMM

Secretary of Labor v. Applied Conveyor Technology, Inc.

Secretary of Labor v. Applied Conveyor Technology, Inc. (FMSHRC WEST 2012-1030-M): Final assessment reopened without opposition

Applied Conveyor asked the Commission to reopen a penalty assessment that had become a final order after the company did not timely contest it. The official release does not state why the deadline was missed. The Secretary did not oppose reopening. After reviewing the request and response, the…

February 14, 2013
Remanded
COMM

Secretary of Labor v. Queenstake Resources, USA, Inc.

Secretary of Labor v. Queenstake Resources, USA, Inc. (FMSHRC WEST 2012-1001-M): Paper-clipped assessment reopened

Queenstake's new compliance manager missed a proposed assessment because an administrative assistant had paper-clipped it behind another assessment. He discovered the mistake about a week after the 65 penalties became final and promptly notified counsel. After Queenstake clarified that it intended…

February 14, 2013
Remanded
ALJ

Woodrow Wilson Cosby v. Shaw Maintenance Group

Woodrow Wilson Cosby v. Shaw Maintenance Group (FMSHRC VA 2009-322-DM): Discharge claim settled for payment and employment protections

Woodrow Wilson Cosby alleged that Shaw Maintenance Group unlawfully discharged him from the Nestle-Purina site under the Mine Act's discrimination provisions. The parties settled before the hearing record opened. Shaw agreed to pay Cosby $5,000, remove material about the dispute from his personnel…

February 14, 2013 ·Jacqueline R. Bulluck
Settled
COMM

Secretary of Labor v. Matt Rudnianyn and Jeff D. Farley, employed by Commercial Industrial Corp.

Secretary of Labor v. Matt Rudnianyn and Jeff D. Farley (FMSHRC SE 2012-531-M, SE 2012-532-M): Two individual assessments reopened

MSHA assessed Matt Rudnianyn and Jeff Farley personally under section 110(c), but neither assessment was timely contested. Rudnianyn said Commercial Industrial and its agents did not know about the assessments until delinquency notices arrived and suggested that any received papers may have been…

February 14, 2013
Remanded
COMM

Secretary of Labor v. Rocky Point Rock Quarry, Inc.

Secretary of Labor v. Rocky Point Rock Quarry, Inc. (FMSHRC SE 2012-489-M): Unopened mail default reopened

Rocky Point missed its penalty-contest deadline because administrative staff left mail addressed to the company president unopened on his desk while he was away. The company changed its procedures to allow administrative staff to open MSHA correspondence and avoid future missed deadlines. The…

February 14, 2013
Remanded
COMM

Secretary of Labor v. Travis Alexander, employed by Tycon Excavating Contractor, Inc.

Secretary of Labor v. Travis Alexander (FMSHRC SE 2012-439-M): Wrong-address individual assessment reopened

MSHA assessed Travis Alexander personally under section 110(c) of the Mine Act, but he did not timely contest the proposed penalty and it became a final Commission order. Alexander said he never received the assessment or delinquency notice because MSHA mailed both to the wrong address. The…

February 14, 2013
Remanded
COMM

Secretary of Labor v. White Rock Quarry, LLC

Secretary of Labor v. White Rock Quarry, LLC (FMSHRC CENT 2012-706-M): Misrouted assessment reopened despite opposition

A White Rock employee signed for the proposed assessment, but the document never reached the company's specially marked MSHA-penalty folder, and the owner said he also did not receive the delinquency notice. White Rock discovered the default through MSHA's online data system and moved to reopen…

February 14, 2013
Remanded
COMM

Secretary of Labor on behalf of Russell Ratliff v. Cobra Natural Resources, LLC

Secretary of Labor on behalf of Russell Ratliff v. Cobra Natural Resources, LLC (FMSHRC WEVA 2013-368-D): Proposed reinstatement cutoff rejected

A judge had ordered Cobra Natural Resources to temporarily reinstate Russell Ratliff while his Mine Act discrimination claim proceeded. The Secretary and Cobra later proposed economic reinstatement instead of returning Ratliff to work. Their agreement would have ended Cobra's payment obligation if…

February 13, 2013
Procedural
COMM

Secretary of Labor v. Consolidation Coal Company

Secretary of Labor v. Consolidation Coal Company (FMSHRC WEVA 2012-1090): Misrouted assessment reopened

Consolidation Coal missed the deadline to contest an MSHA penalty assessment after it was placed in a safety supervisor's mailbox with copies of assessments that had already been contested. The supervisor discovered the mistake three days after the assessment became final. The company adopted a new…

February 12, 2013
Remanded
COMM

Secretary of Labor v. Hoover Excavating, Inc.

Secretary of Labor v. Hoover Excavating, Inc. (FMSHRC WEST 2012-919-M): Unclaimed assessment reopened

Hoover Excavating did not timely contest an MSHA proposed penalty and later asked the Commission to reopen the final assessment. Hoover said it never received the assessment and learned of the delinquency when its lawyer searched MSHA's data system. The Secretary did not oppose reopening and…

February 12, 2013
Remanded
COMM

Secretary of Labor v. Bolinder Resources, LLC

Secretary of Labor v. Bolinder Resources, LLC (FMSHRC WEST 2012-808-M): Final assessment reopened

Bolinder Resources asked the Commission to reopen an MSHA penalty assessment that had become final after it was not timely contested. The release does not state why Bolinder missed the contest deadline. The Secretary did not oppose the request. After reviewing the parties' submissions, the…

February 12, 2013
Remanded
COMM

Secretary of Labor v. Redhawk Mining, LLC

Secretary of Labor v. Redhawk Mining, LLC (FMSHRC KENT 2012-881): Contest-form mistake excused

Redhawk Mining sought to reopen an MSHA penalty assessment that had become a final Commission order. Redhawk said it submitted a timely notice of contest but accidentally marked the wrong box and discovered the mistake after receiving MSHA's penalty petition. The Secretary did not oppose reopening…

February 12, 2013
Remanded
COMM

Secretary of Labor v. Sturgeon Mining Co., Inc.

Secretary of Labor v. Sturgeon Mining Co., Inc. (FMSHRC KENT 2012-701): Final penalty assessment reopened

Sturgeon Mining did not contest an MSHA proposed penalty within 30 days, so the assessment became a final Commission order. The company asked the Commission to reopen the assessment, and the Secretary did not oppose the request. After reviewing the submissions, the Commission reopened the matter in…

February 12, 2013
Remanded
COMM

Secretary of Labor v. The N.C. Granite Corp.

Secretary of Labor v. The N.C. Granite Corp. (FMSHRC SE 2011-360-M): Litigated citation's assessment reopened

N.C. Granite timely contested an MSHA citation and was actively litigating it when the related penalty assessment arrived. Its safety manager mistakenly believed a separate assessment contest was unnecessary, so the assessment became final. The company's first reopening motion was dismissed after…

February 11, 2013
Remanded
ALJ

Secretary of Labor v. The American Coal Company

Secretary of Labor v. The American Coal Company (FMSHRC LAKE 2011-13): Blanket 30 percent settlement rejected

The Secretary proposed reducing the penalties for all 32 citations against The American Coal Company by exactly 30 percent without changing any gravity or negligence findings. The motion cited amicable resolution and litigation uncertainty but gave no individualized facts supporting the reductions…

February 11, 2013 ·William B. Moran
Procedural
COMM

Permabond Construction, Inc.

Default order remanded for review of letters

An administrative law judge entered default against Permabond after it missed a conference call, filed a late notice of contest, and appeared not to respond to an order to show cause. Before the decision was docketed, however, Permabond's pro se representative faxed the judge a letter explaining…

February 11, 2013
Remanded
ALJ

Bryan Martin, d/b/a Terra Reclamation

Demolition fall and survey items affirmed

Terra Reclamation was demolishing a three-story building in New Holland, Pennsylvania. Two workers used an aerial lift about 28 feet high without lanyards or harnesses, and other workers performed demolition near an unprotected upper-floor edge without fall protection. The company also began…

February 11, 2013 ·Keith E. Bell
Citations affirmed
ALJ

Federal Construction Group

Disqualification motion denied

The Commission remanded the case for the judge to consider Federal Construction Group's motion seeking his disqualification. The company alleged improper ex parte contact because the judge ate lunch with an OSHA compliance officer and the court reporter during the hearing. The judge found that the…

February 11, 2013 ·Keith E. Bell
Procedural
ALJ

Secretary of Labor v. Eastern Associated Coal LLC

Secretary of Labor v. Eastern Associated Coal LLC (FMSHRC WEVA 2011-932): MSHA interview notes ordered disclosed

MSHA cited Eastern Associated Coal after two apprentice miners allegedly worked near an unguarded moving belt tail pulley, and a related section 110(c) investigation followed. Eastern sought inspector and special-investigator interview notes that the Secretary withheld as attorney work product…

February 5, 2013 ·Jeffrey Tureck
Procedural
ALJ

Secretary of Labor v. Consolidation Coal Company

Secretary of Labor v. Consolidation Coal Company (FMSHRC WEVA 2010-176, et al.): MSHA jurisdiction ended at empty river barges

A preparation-plant foreman drowned after apparently falling from an empty barge on the Ohio River while checking barges for water at Consolidation Coal's Ireland River Loading Facility. The company accepted MSHA jurisdiction over the land-based facility but disputed coverage of the loading dock…

February 5, 2013 ·George A. Koutras
Mixed result
ALJ

Secretary of Labor v. Highland Mining Company, LLC

Secretary of Labor v. Highland Mining Company, LLC (FMSHRC KENT 2010-1491, KENT 2010-1492): Two high-negligence findings upheld, one S&S designation removed

Highland Mining conceded three violations at its Highland #9 Mine but disputed their gravity, negligence, or penalties. Judge William B. Moran found an admitted roof-and-rib-control violation S&S and highly negligent because four obvious loose ribs were located along a heavily traveled supply road…

February 5, 2013 ·William B. Moran
Mixed result
ALJ

JP Gallagher Electric

Late electrical-citation contest dismissed

OSHA issued JP Gallagher Electric a serious citation with a proposed $2,400 penalty for electrical work on a circuit that was allegedly not locked out or otherwise made inoperative. The company received the citation on October 7, 2011, but did not file its notice of contest by the October 31…

February 4, 2013 ·Carol A. Baumerich
Procedural
ALJ

Redline Pipeline, LLC

Trench items affirmed, water and asbestos items vacated

Redline Pipeline was the general contractor for replacement of water lines that likely contained asbestos. Two subcontractor employees entered a roughly 9-to-10-foot-deep trench after its protective box had been removed, although the previously disturbed Type B soil was not properly sloped. The…

February 4, 2013 ·Brian A. Duncan
Mixed result
COMM

Secretary of Labor v. Manalapan Mining Company, Inc.

Secretary of Labor v. Manalapan Mining Company, Inc. (FMSHRC KENT 2008-737): Belt-accumulation findings remanded under full unwarrantable-failure test

MSHA issued section 104(d) orders for combustible coal accumulations along two conveyor belts at Manalapan Mining's underground mine. The judge found the violations but removed their unwarrantable-failure designations, relying heavily on the wet and muddy conditions and the resulting level of…

February 1, 2013
Remanded
COMM

Secretary of Labor v. Riverton Investment Corporation

Secretary of Labor v. Riverton Investment Corporation (FMSHRC WEVA 2012-1406-M): Seven-month delinquency delay defeated reopening

Riverton Investment sought to reopen a $224,136 MSHA assessment after an Essroc safety manager requested an informal conference but did not file a timely contest. Essroc discovered the failure after the manager resigned, amid other delinquency notices and collection actions involving its penalty…

January 31, 2013
Procedural
COMM

Secretary of Labor v. Inman Energy, Process Energy, Spartan Mining Company, Inc., and Aracoma Coal Company

Secretary of Labor v. Inman Energy, Process Energy, Spartan Mining Company, Inc., and Aracoma Coal Company (FMSHRC WEVA 2012-768, et al.): Five late contests reopened

Four Alpha Natural Resources subsidiaries asked the Commission to reopen five MSHA penalty assessments that had become final after late contests. Alpha's executive assistant said she handled contest filings for acquired Legacy Massey Energy mines and fell behind because of a holiday break and…

January 31, 2013
Remanded
COMM

Secretary of Labor v. Dominion Coal Corporation

Secretary of Labor v. Dominion Coal Corporation (FMSHRC VA 2010-304): Eleven-month default delay barred reopening

Dominion Coal defaulted after failing to answer MSHA's penalty petition or a later show-cause order. It sought reopening eleven months after the show-cause order, citing personnel changes, staffing shortages, misrouted mail, and unsuccessful settlement efforts. The Secretary opposed relief and…

January 31, 2013
Procedural
COMM

Secretary of Labor v. Dennis S. Bell and Michael P. Duffy, employed by Duffy, Inc.

Secretary of Labor v. Dennis S. Bell and Michael P. Duffy (FMSHRC PENN 2013-86-M, PENN 2013-87-M): Two individual assessments reopened

Counsel for Duffy, Inc. sought to reopen individual section 110(c) assessments against Dennis Bell and the company's late owner, Michael Duffy. The corporate secretary said both contest forms were mailed on September 7, 2012, but MSHA had no record of receiving them. Michael Duffy had died in a…

January 31, 2013
Remanded
ALJ

Secretary of Labor v. Highland Mining Company LLC

Secretary of Labor v. Highland Mining Company LLC (FMSHRC KENT 2011-97): Four belt and noise violations upheld

Highland Mining contested four citations involving its No. 4 unit, conceding two underlying violations but disputing their gravity and negligence. Judge William B. Moran upheld an S&S citation for a misaligned conveyor belt rubbing six warm frames and an S&S noise citation after a continuous-miner…

January 30, 2013 ·William B. Moran
Citations affirmed
ALJ

Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.

Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc. (FMSHRC KENT 2013-362-D): Oral argument set on retaliatory-lawsuit claim

Armstrong filed a Kentucky tort lawsuit against welder Reuben Shemwell after he pursued Mine Act discrimination claims arising from his discharge. The Secretary then alleged that the lawsuit itself interfered with Shemwell's protected rights under section 105(c)(1). Judge Jerold Feldman scheduled…

January 29, 2013 ·Jerold Feldman
Procedural
ALJ

Secretary of Labor v. Carmeuse Lime & Stone, Inc.

Secretary of Labor v. Carmeuse Lime & Stone, Inc. (FMSHRC KENT 2010-228): Crane-capacity citation vacated for lack of quantitative proof

Carmeuse used an underground crane to lift a 10,000-pound conveyor-belt counterweight at its Maysville limestone mine. MSHA alleged that an outrigger rested on unstable ground, the outriggers were extended unequal distances, and the crane was therefore used beyond the manufacturer's design…

January 29, 2013 ·David F. Barbour
Citations vacated
COMM

Neupauer Masonry, Inc.

Default remanded over unlicensed representative

An administrative law judge dismissed Neupauer Masonry's contest after the company failed to answer the Secretary's complaint or respond to an order to show cause. The default order affirmed three citations and $43,560 in proposed penalties. On review, Neupauer said it had hired Julio Vargas for…

January 24, 2013
Remanded
ALJ

Secretary of Labor v. Tripple H Coal, LLC

Secretary of Labor v. Tripple H Coal, LLC (FMSHRC SE 2010-78): Auger-helper noise citation affirmed

An MSHA full-shift sample found that a coal-auger helper at Tripple H Coal's Auger #1 mine received a noise dose of 150 percent, above the 132 percent permissible level including the error factor. The miner wore hearing protection, so the inspector treated hearing loss as unlikely and the violation…

January 23, 2013 ·James G. Gilbert
Citations affirmed
ALJ

Dickenson-Russell Coal Company, LLC v. Secretary of Labor

Dickenson-Russell Coal Company, LLC v. Secretary of Labor (FMSHRC VA 2009-430, VA 2009-393-R): Mine operator had to report temporary worker's injury

A temporary worker supervised by Dickenson-Russell was injured while roof bolting at the Roaring Fork No. 4 Mine. His employment agency timely filed MSHA Form 7000-1, but Dickenson-Russell did not file its own report because it believed the contractor's submission was sufficient. Judge Jerold…

January 16, 2013 ·Jerold Feldman
Modified
COMM

Secretary of Labor v. Argus Energy WV, LLC

Secretary of Labor v. Argus Energy WV, LLC (FMSHRC WEVA 2013-422, WEVA 2012-918, WEVA 2012-919): Three final assessments reopened

Argus Energy asked the Commission to reopen three MSHA penalty assessments that had become final after they were not timely contested. The corrected published order does not state why the deadlines were missed. The Secretary did not oppose any of the requests. The Commission reopened all three…

January 14, 2013
Remanded
ALJ

Secretary of Labor v. Beverly Materials, LLC

Secretary of Labor v. Beverly Materials, LLC (FMSHRC LAKE 2011-876-M, LAKE 2011-957-M): Equipment and electrical citations split

Beverly Materials contested nine non-S&S citations from two Illinois sand-and-gravel pits. Judge William B. Moran vacated a brake-light citation because the loader had only been moved to the grade where its preshift test would occur and had not yet been placed in service. He affirmed reduced…

January 14, 2013 ·William B. Moran
Mixed result
ALJ

Artemio Gonzalez Exteriors

Citation affirmed after the employer defaulted

Artemio Gonzalez Exteriors did not file an answer to the Secretary of Labor's complaint. The judge issued an order requiring the employer to explain why it should not be declared in default, but the certified mailing was returned unclaimed and unable to forward. The judge found that the employer…

January 14, 2013 ·Covette Rooney
Citations affirmed
ALJ

Todd Descutner v. Newmont USA

Todd Descutner v. Newmont USA (FMSHRC WEST 2011-523-DM): Partial remedies awarded after discrimination ruling

After an earlier ruling that Newmont illegally terminated haul-truck driver Todd Descutner, the parties agreed on some remedies but remained divided over overtime and attorney fees. Judge David F. Barbour noted that Descutner had been reinstated and his personnel file had been cleared of references…

January 9, 2013 ·David F. Barbour
Procedural
COMM

K.E.R. Enterprises, Inc., d/b/a Armadillo Underground

Pipe-explosion citation vacated for lack of a recognized hazard

Armadillo Underground installed water-line piping and pressure-tested a completed section while workers tightened bolts to stop a small leak. The pipe exploded, breaking the foreman's legs and causing minor lacerations to three other workers. OSHA alleged that tightening the bolts while the pipe…

January 9, 2013
Citations vacated
ALJ

Sierra Rock Products, Inc.

Sierra Rock Products, Inc. (FMSHRC WEST 2010-1589-M): Electrical and access violations yield $23,643 penalty

Sierra Rock Products contested electrical, fall-protection, access, guarding, training, and equipment citations at its small California quarry and crusher. Judge Richard W. Manning upheld two imminent-danger orders, found several violations S&S, and affirmed or modified every litigated citation. He…

January 8, 2013 ·Richard W. Manning
Modified
ALJ

Buckingham Coal Company

Buckingham Coal Company (FMSHRC LAKE 2011-1041, LAKE 2011-1043): Summary decision denied in emergency-plan cases

MSHA issued five citations alleging that Buckingham Coal failed to update emergency response plans with available post-accident communication and tracking systems. Buckingham sought summary decision, arguing that the Secretary had failed to refer an emergency-plan dispute immediately for expedited…

January 7, 2013 ·Alan G. Paez
Procedural
ALJ

Allied Stone, LLC

Allied Stone, LLC (FMSHRC LAKE 2011-47-M): Guarding and quarry citations split, with $650 total penalties

Allied Stone contested safety citations from an inspection of its portable surface limestone mine in Wisconsin. Judge Michael E. Zielinski affirmed a highwall citation but removed its S&S designation because the loader operator was unlikely to be injured by falling rock. He vacated two guarding…

January 4, 2013 ·Michael E. Zielinski
Mixed result
COMM

Billington Contracting, Inc.

Billington Contracting, Inc. (FMSHRC LAKE 2010-81-M, et al.): Late reopening motion denied with prejudice

Billington Contracting asked the Commission to reopen three penalty cases that had become final after it failed to answer the Secretary's petitions. The company filed its reopening motion more than one year after the default orders became effective. The Commission explained that motions based on…

January 3, 2013
Procedural
COMM

River View Coal, LLC

River View Coal, LLC (FMSHRC KENT 2012-654): Penalty assessment reopened after staffing lapse

River View Coal asked the Commission to reopen a penalty assessment that became final before the operator mailed its contest. The mine had been idle over the holidays, its regular clerk was on maternity leave, and temporary staff did not understand the contest deadline. The Secretary did not oppose…

January 3, 2013
Remanded
COMM

Ohio County Coal Company, LLC

Ohio County Coal Company, LLC (FMSHRC KENT 2012-652, KENT 2012-656): Late penalty contests reopened

Ohio County Coal asked the Commission to reopen two penalty assessments after its contests arrived six and seven days after the assessments became final. The operator said unexplained failures in its internal mail system delayed delivery to its safety manager, and it acted after receiving…

January 3, 2013
Remanded
ALJ

Dyno Nobel East-Central Region

Dyno Nobel East-Central Region (FMSHRC SE 2012-260M): Stay denied while individual-liability investigation continued

MSHA sought a $47,716 penalty against Dyno Nobel while a related investigation considered possible individual liability under section 110(c) of the Mine Act. Dyno Nobel requested a stay so any individual case could be consolidated with the operator's case and duplicate litigation could be avoided…

January 2, 2013 ·Michael E. Zielinski
Procedural
ALJ

Highland Mining Company, LLC

Highland Mining Company, LLC (FMSHRC KENT 2010-1632): Equipment and ventilation citations assessed at $7,153

Highland Mining contested six citations involving diesel exhaust systems, a conveyor pull cord, a damaged mantrip canopy, and compliance with its ventilation plan. Judge William B. Moran found two defective mini-track exhaust systems S&S because leaking exhaust created carbon-monoxide and fire…

December 31, 2012 ·William B. Moran
Modified
COMM

KyKenKee, Inc.

Settlement approved after sawmill guarding decision

KyKenKee operated an Alabama sawmill where a worker was fatally struck by a log that fell from a debarker conveyor. An administrative law judge found that the company should have fenced or posted the hazardous area around the ring barker and its conveyors. The judge reduced the violation from…

December 31, 2012
Settled
ALJ

All American Concrete, Inc.

One excavation citation vacated and one affirmed as serious

All American Concrete was upgrading a storm-water system when an excavator bucket rolled into an excavation and broke an employee's ankle. OSHA cited the contractor for materials or equipment near the excavation edge and for inadequate cave-in protection. The judge vacated the falling-materials…

December 31, 2012 ·Sharon D. Calhoun
Mixed result
ALJ

Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company, LLC

Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company, LLC (FMSHRC KENT 2007-383-DX): Discrimination complaint dismissed on remand

On remand from the Commission after appellate review, Judge David F. Barbour reconsidered whether Highland Mining discriminated against Lawrence Pendley by firing him and by changing his work after temporary reinstatement. The judge found that mine management honestly and reasonably believed…

December 27, 2012 ·David F. Barbour
Procedural
ALJ

Lucky Plastering Corporation

Late scaffold contest dismissed

OSHA cited Lucky Plastering for four scaffold violations at a Florida construction site and proposed $12,000 in penalties. The company filed its notice of contest more than seven weeks after the 15-working-day deadline. Its president cited a family emergency, difficulty reading English, reduced…

December 24, 2012 ·Sharon D. Calhoun
Procedural
COMM

Eastern Associated Coal, LLC

Eastern Associated Coal, LLC (FMSHRC WEVA 2012-992): Hospitalization-related default reopened

Eastern Associated Coal asked the Commission to reopen a penalty assessment that became final while its general manager was unexpectedly hospitalized. The manager said he forwarded the assessment to the safety manager immediately after discovering it, and the company then filed a contest. The…

December 20, 2012
Remanded
COMM

Runts Trucking, Inc.

Runts Trucking, Inc. (FMSHRC WEST 2012-753-M): Missing mailed contest reopened

Runts Trucking asked the Commission to reopen a penalty assessment after MSHA had no record of receiving its contest. The owner said he mailed the contest within one week of receiving the assessment and acted after MSHA later sent a delinquency notice. The Secretary did not oppose reopening but…

December 20, 2012
Remanded
COMM

Freeport-McMoRan Morenci, Inc.

Freeport-McMoRan Morenci, Inc. (FMSHRC WEST 2012-463-M): Untracked penalty contest reopened

Freeport-McMoRan asked the Commission to reopen a penalty assessment after MSHA had no record of receiving the operator's contest. Freeport said it mailed the contest well before the deadline but could not prove delivery because it did not use certified mail. The company stated that this departed…

December 20, 2012
Remanded
COMM

West States Skanska, Inc.

West States Skanska, Inc. (FMSHRC WEST 2012-1255): Misplaced assessment reopened after personnel changes

West States Skanska asked the Commission to reopen a penalty assessment that became final after recent personnel changes caused it to be misplaced. The company's safety director discovered the problem while investigating a different outstanding assessment. The Secretary did not oppose reopening…

December 20, 2012
Remanded
COMM

Chemical Lime Company of Virginia, Inc.

Chemical Lime Company of Virginia, Inc. (FMSHRC VA 2012-251-M): Missing contest form excused

Chemical Lime asked the Commission to reopen a penalty assessment after it mailed payment for uncontested penalties but mistakenly omitted the contest form. MSHA had no record of receiving the form, although its payment center received the company's check. The Secretary did not oppose reopening and…

December 20, 2012
Remanded
COMM

Ararat Rock Products

Ararat Rock Products (FMSHRC SE 2012-360-M): Misaddressed penalty contest reopened

Ararat Rock Products asked the Commission to reopen a penalty assessment after it apparently mailed its contest to the wrong location. The operator said it discovered the delinquency during a hearing in another case and paid the contested penalties under protest to avoid additional charges. The…

December 20, 2012
Remanded
COMM

RoxCoal, Inc.

RoxCoal, Inc. (FMSHRC PENN 2009-374, PENN 2009-49): Treasury collection recall authorized in one docket

RoxCoal paid two approved settlement amounts but said it never received the judge's payment orders and asked the Commission to remove added interest and collection charges. One docket had already been referred to the Treasury Department, while the other had been fully paid and closed. The…

December 20, 2012
Procedural
COMM

Secretary of Labor on behalf of Peter L. Dunne v. Vulcan Construction Materials, LP

Secretary of Labor on behalf of Peter L. Dunne v. Vulcan Construction Materials, LP (FMSHRC LAKE 2011-327-DM): Temporary reinstatement dissolved after court mandate

The Commission had previously upheld Peter Dunne's temporary reinstatement after the Secretary declined to pursue his discrimination claim and Dunne continued on his own behalf. The Seventh Circuit reversed, holding that temporary reinstatement cannot continue after the Secretary decides not to…

December 20, 2012
Procedural

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.