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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Federal Construction Group
Case remanded to address alleged ex parte communication
Federal Construction Group faced hazard-communication and lead-compliance citations arising from renovation work at Fort Bragg. An administrative law judge affirmed the items and assessed $6,000 in penalties. In its review petition, the company alleged that the judge had a private lunch…
Sean P. Tadlock v. Big Ridge Inc.
Sean P. Tadlock v. Big Ridge Inc. (FMSHRC LAKE 2012-663-D): Discrimination complaint dismissed for repeated litigation failures
Sean Tadlock was temporarily reinstated, but MSHA later found no Mine Act discrimination and he chose to pursue his complaint personally before the Commission. Tadlock did not respond to scheduling proposals, missed conference calls, failed to answer discovery, and did not comply with orders…
Big Ridge, Incorporated
Big Ridge, Incorporated (FMSHRC LAKE 2011-716): One roof citation vacated and six reduced, with $53,000 total penalties
Big Ridge faced eleven roof-control citations at its Willow Lake Portal Mine with proposed penalties totaling $359,400. Four citations were settled for $36,500. Of the seven litigated citations, Senior Judge Michael E. Zielinski vacated one because the Secretary did not prove that the mine's recent…
Genwal Resources, Inc., et al.
Genwal Resources, Inc., et al. (FMSHRC WEST 2008-1475): Consolidated mine settlements impose $1.15 million in penalties
The parties submitted a consolidated settlement covering citations and orders arising from the 2007 Crandall Canyon Mine fatal accidents and numerous other enforcement dockets involving four related operators. The companies admitted the Mine Act violations for purposes of the agency proceedings…
Highland Mining Company, LLC
Highland Mining Company, LLC (FMSHRC KENT 2009-1582): One citation affirmed, nine modified, and three vacated
Highland Mining admitted many of the cited conditions at its Highland 9 underground coal mine but disputed significant and substantial and unwarrantable-failure findings across thirteen litigated enforcement actions. Judge Priscilla M. Rae evaluated roof and rib hazards, belt accumulations and…
Bledsoe Coal Corporation
Bledsoe Coal Corporation (FMSHRC KENT 2011-835): Fifteen S&S violations uphold pattern designation
MSHA placed Bledsoe Coal's Abner Branch Rider Mine under a pattern-of-violations designation after a follow-up inspection produced eighteen citations marked significant and substantial. The parties agreed that MSHA needed at least nine valid S&S citations to sustain the pattern action. Judge…
Pocahontas Coal Company, et al.
Pocahontas Coal Company, et al. (FMSHRC WEVA 2011-227): Late penalty cases remanded under clarified adequate-cause test
The Commission had consolidated multiple cases for interlocutory review after judges accepted penalty petitions that the Secretary filed beyond the 45-day deadline. A newly issued Commission decision clarified that adequate cause exists when the Secretary gives a supported, nonfrivolous explanation…
Pattison Sand Company, LLC
Pattison Sand Company, LLC (FMSHRC CENT 2012-137-RM): Roof-fall withdrawal order modification returned to the ALJ
MSHA issued a section 103(k) withdrawal order after a roof fall at Pattison Sand's Iowa sandstone mine, barring activity in broad unbolted and unmeshed areas. An ALJ upheld the order and concluded that the Commission lacked authority to modify it. The Eighth Circuit affirmed that the roof fall was…
Bolton Fencing and Construction, LLC
Trench items reduced from willful to serious
Bolton supported oil and gas pipeline work in Colorado and sent two employees into an unprotected excavation with walls between 5 and 8 feet high. The soil was Type B, no sloping, shoring, or trench box was used, and the competent person left the site after directing the employees into the…
US Borax, Inc.
US Borax, Inc. (FMSHRC WEST 2011-1481-M): Electrical-cover citation reduced while hoist guarding violation remained S&S
US Borax faced nine citations at its large California boron operation, with seven resolved by settlement for $21,675. Judge Margaret A. Miller upheld a citation for a missing insulating cover over energized timer connections but removed the S&S designation because the locked room and timer were…
Secretary of Labor on behalf of Norman Deck v. FTS International Proppants, LLC
Secretary of Labor on behalf of Norman Deck v. FTS International Proppants, LLC (FMSHRC CENT 2012-689-DM): Temporary reinstatement affirmed after anonymous accident report
Norman Deck anonymously told MSHA that an accident at FTS International Proppants' Brewer Quarry had not been reported, and FTS fired him fourteen days later. An ALJ found the discrimination complaint was not frivolously brought and ordered temporary reinstatement. The Commission held that…
ACME Energy Services dba Big Dog Drilling
Rig-floor struck-by citation affirmed
Big Dog Drilling employees were extending an oil rig's telescoping mast when the hydraulic ram failed and large suspended equipment fell onto the rig floor. A driller assigned to watch the mast from the rig floor was fatally struck. The judge vacated OSHA's general duty clause citation, finding…
Jaunt, Inc.
Jaunt, Inc. (FMSHRC WEVA 2010-1284-M): Unserved show-cause order could not create a final default
Jaunt did not answer a civil-penalty petition, and a show-cause order was treated as becoming a default order after thirty days. The operator later said it did not understand that another answer was required after contesting the proposed assessment. The record also showed that Jaunt was omitted…
Canyon Fuel Company, LLC
Canyon Fuel Company, LLC (FMSHRC WEST 2012-303): Missed contest form reopened after prompt delinquency response
Canyon Fuel's safety manager instructed an employee to pay uncontested penalties and mail a contest form. The employee sent the payment but did not mail the form, causing the assessment to become a final Commission order. The Secretary did not oppose reopening because Canyon acted shortly after…
Timber Savers, Inc.
Timber Savers, Inc. (FMSHRC WEST 2011-612-M): Gravel-crushing operation held subject to MSHA jurisdiction
MSHA cited a gravel-crushing site identified as Timber Savers, while its owner said the operation had been renamed Solid Rock Gravel Company. Judge William B. Moran allowed the petition to be amended because both names referred to the same Idaho site and owner. He also granted partial summary…
JLD Custom Carpentry
Business pressures did not excuse late contest
OSHA issued JLD Custom Carpentry five serious items after inspecting residential re-roofing work in Pennsylvania and proposed $18,000 in penalties. The owner's wife received the citation and scheduled an informal conference, but miscommunicated the date and the company missed the conference and…
E.C. Stokes Mechanical Contractor, Inc.
Misplaced citation did not excuse late contest
E.C. Stokes was installing plumbing and air-conditioning systems at a Florida hospital project when OSHA cited two serious oxygen and acetylene cylinder-storage violations. The proposed penalties totaled $4,760. An experienced office employee received the certified citation, scanned it, believed it…
Domino Window Cleaning, Inc.
Fourth-floor fall hazard citation affirmed
A Domino employee cleaning a fourth-floor New York window without fall protection fell 40 feet to the sidewalk and died from his injuries. The evidence showed that he had been working from the exterior ledge and that Domino also instructed employees to clean from an interior sill beside a large…
Cumberland Sand and Gravel, LLC
Cumberland Sand and Gravel, LLC (FMSHRC YORK 2010-355-M): Default reopened after docket-number typo
Cumberland Sand and Gravel defaulted after failing to answer the Secretary's penalty petition. The company said it had timely responded to the later show-cause order, but its response contained a typographical error in the docket number. Cumberland supplied its communications and certified-mail…
Mountain Edge Mining, Inc.
Mountain Edge Mining, Inc. (FMSHRC WEVA 2009-1519): Settlement motion remanded to the judge
Mountain Edge Mining obtained Commission review of Judge William Moran's civil-penalty decision. After review was granted, the operator and the Secretary jointly asked the Commission to approve a settlement and direct payment under their agreement. The Commission did not decide the settlement…
Barrick Turquoise Ridge, Inc.
Barrick Turquoise Ridge, Inc. (FMSHRC WEST 2011-283-M): Default reopened despite repeated filing failures
Barrick failed to answer a civil-penalty petition, and an order to show cause became a final default order. Its counsel said the petition was not received, the show-cause order went to a former office address, and a prepared answer was mistakenly placed in a file instead of mailed. The Secretary…
Conaway Mining Company, LLC
Conaway Mining Company, LLC (FMSHRC VA 2010-593): Default reopened after timely answer and settlement
Conaway Mining defaulted after the Commission did not receive an answer to the Secretary's penalty petition. Conaway said it had timely answered and learned of the default only after agreeing to settle the case. The Secretary did not oppose reopening, and her representative confirmed receiving…
Dominion Coal Corporation
Dominion Coal Corporation (FMSHRC VA 2010-305): Ten defaults reopened for settlement proceedings
Dominion Coal defaulted in ten penalty cases after personnel changes and staffing shortages caused it to miss answer deadlines. The company also said the resulting default orders did not reach the correct employee. Its compliance coordinator took responsibility for the process, trained staff on…
Brookside Materials, LLC
Brookside Materials, LLC (FMSHRC LAKE 2011-345-M): Default reopened after answer reached MSHA
Brookside Materials timely contested a proposed penalty but later defaulted after failing to answer the Secretary's penalty petition at the Commission. Brookside said it received nothing after its original contest until MSHA sent a delinquency notice. The Secretary did not oppose reopening and…
Powell Mountain Energy, LLC
Powell Mountain Energy, LLC (FMSHRC KENT 2011-686): Default reopened after address change
Powell Mountain Energy timely contested a proposed penalty but later defaulted after it did not answer the Secretary's penalty petition. The company said it never received the petition, and counsel discovered the problem by checking MSHA's online mine data. The Secretary did not oppose reopening…
MMR Constructors, Inc.
MMR Constructors, Inc. (FMSHRC CENT 2012-66-M): Late contest reopened after safety director's absence
MMR Constructors missed the deadline to contest a proposed penalty while its safety director was away from the office for an unusually long period. The safety director forwarded the assessment to the legal department after returning, by which time it had become a final Commission order. MMR said…
G.A. Denison & Sons, Inc.
Default set aside because show-cause order arrived late
OSHA issued G.A. Denison & Sons seven serious and five willful citation items with $110,000 in proposed penalties. During mandatory settlement proceedings, the company failed to submit several required filings and financial documents. The judge ordered Denison to show cause by July 23 why it should…
H.I. Stone and Son, Inc.
H.I. Stone and Son, Inc. (FMSHRC YORK 2010-275-M): Default reopened to consider settlement
H.I. Stone and Son defaulted after it did not answer the Secretary's penalty petition. The company acknowledged receiving the show-cause order but said it later settled with MSHA and paid the agreed amount. The Secretary did not oppose reopening for the limited purpose of allowing the judge to…
Austin Powder Company
Austin Powder Company (FMSHRC WEVA 2012-416): Two late contests reopened after internal miscommunication
Austin Powder missed the contest deadlines for two proposed penalty assessments. In one case, its safety specialist misunderstood the safety director's instructions while management was deciding whether to contest. In the other, the specialist mistakenly believed the safety director had already…
Beaver Excavating Company
Beaver Excavating Company (FMSHRC LAKE 2011-163-M): Settlement decision reopened over disputed terms
Beaver Excavating asked to reopen an approved settlement because it believed the written decision did not match the parties' agreement. Beaver said the Secretary had agreed to reduce the special-assessment classification based on unwarrantable failure, but the settlement order did not reflect that…
John R. Jurgensen Company
Night paving safety citations vacated
Jurgensen performed nighttime highway paving in Ohio while subcontractor dump trucks backed through a designated work route. A dump truck struck and killed a Jurgensen laborer who had left the crew's immediate work area. OSHA alleged that the contractor lacked an adequate safety program and had not…
Jim Walter Resources, Inc.
Jim Walter Resources, Inc. (FMSHRC SE 2008-406): Combustible accumulations affirmed after scoop fire
MSHA cited Jim Walter Resources after a scoop-battery fire and after an inspector found float coal dust on energized components inside a transformer. The operator argued that laboratory samples showed the accumulated material contained enough rock dust to be noncombustible. Judge Jacqueline R…
Marshall Mining, Inc.
Marshall Mining, Inc. (FMSHRC KENT 2008-1122): Borehole-plan violation affirmed near flooded workings
Marshall Mining advanced an underground coal entry within 200 feet of an abandoned, water-filled mine. Its approved plan required 30-foot boreholes and limited mining cuts to 20 feet so at least a 10-foot drilled buffer remained ahead of the face. MSHA found only two boreholes about three feet…
Long Branch Energy
Long Branch Energy (FMSHRC WEVA 2009-1492-R): Late penalty petitions reinstated after District 4 backlog
The Secretary filed seven penalty petitions between about seven and eleven months after the Commission's 45-day deadline, and the judge dismissed the cases. The Commission clarified that adequate cause exists when the Secretary gives a plausible, supported explanation showing the delay did not…
The American Coal Company
The American Coal Company (FMSHRC LAKE 2007-139): Twelve safeguards upheld and one invalidated
American Coal challenged the facial validity of thirteen mine-specific safeguards governing underground transportation conditions at its Galatia mine. The Commission held that a safeguard identifies the nature of a hazard when it describes a hazardous condition, and it need not list every possible…
Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company
Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company (FMSHRC KENT 2007-383-D): Termination and reinstatement-work claims remanded for fuller analysis
After the Sixth Circuit reversed part of an earlier Commission ruling, the Commission reconsidered Lawrence Pendley's claims that Highland Mining discriminatorily fired him and later changed his work after temporary reinstatement. The majority remanded the termination claim so the judge could…
Secretary of Labor on behalf of Justin Slaton v. Star Mine Services, Inc.
Secretary of Labor on behalf of Justin Slaton v. Star Mine Services, Inc. (FMSHRC KENT 2012-1298-D): Temporary reinstatement affirmed
Justin Slaton alleged that Star Mine Services fired him for activity protected by the Mine Act. A judge found the temporary-reinstatement application was not frivolously brought and ordered Star to return Slaton to his former outby support position at Warrior Coal's Cardinal Mine. Star argued on…
Shamokin Filler Company, Inc.
Shamokin Filler Company, Inc. (FMSHRC PENN 2009-775): Carbon plant held subject to Mine Act
Shamokin operated a plant that dried, screened, stored, bagged, and sold anthracite coal to customer specifications. The Commission affirmed that these activities made the plant a custom coal-preparation facility and therefore a mine under the Mine Act, even though the plant also handled non-coal…
Elliot Construction Corp.
Carbon monoxide violations affirmed as willful
Elliot Construction used gas-powered equipment for an indoor concrete pour, and four employees reported feeling ill from carbon monoxide exposure. Two employees were diagnosed with carbon monoxide poisoning. The foreman knew the equipment produced carbon monoxide and recognized the employees'…
Twentymile Coal Company
Twentymile Coal Company (FMSHRC WEST 2008-879): Escapeway violations split with $27,605 total penalties
MSHA cited Twentymile Coal for escapeway marking and lifeline-access conditions at its underground Foidel Creek Mine. Judge Richard W. Manning upheld an order involving inadequate primary-escapeway route markers and assessed $18,000. He also upheld a citation for a water hose that impeded access to…
Know Thyself Contracting
Residential fall protection and training violations affirmed
Know Thyself Contracting performed residential and commercial construction work in Mobile, Alabama. OSHA observed a five-person crew installing decking near an unprotected edge 24 feet above the ground without fall protection. The company did not dispute the hazardous conditions or lack of…
American Engineering & Development Corp.
Trench citation vacated for employee misconduct
American Engineering & Development was replacing underground utilities in Miami when OSHA found two employees in an excavation more than 5 feet deep without cave-in protection. A backhoe operator temporarily directing the workers had sent them into the trench after the superintendent expressly…
Shaw Global Energy Services, Inc.
Change-house item vacated and mercury recordkeeping violation affirmed
Shaw Global was decommissioning and demolishing a mercury-contaminated cell room at an Alabama chemical plant. OSHA issued eleven serious citation items concerning mercury exposure and one other-than-serious recordkeeping item. The judge affirmed three serious items and the recordkeeping item, but…
Deep South Crane & Rigging Co.
Operator-qualification violations affirmed
Four Deep South employees were fatally injured when a large crane fell backward during assembly at a Texas refinery. The operator had placed the crane in an unstable backwards-overhaul position and left it there for about three hours. The Commission found that Deep South did not give the site…
Deatley Crushing Company
Deatley Crushing Company (FMSHRC WEST 2012-328-M): Final assessment reopened for further proceedings
Deatley Crushing Company asked the Commission to reopen a proposed penalty assessment that had become a final order after the contest deadline passed. The decision does not state why Deatley missed the deadline. The Secretary did not oppose reopening. The Commission granted relief in the interests…
Scabtron
Scabtron (FMSHRC WEST 2012-302-M): Unreceived assessment never became final
Scabtron asked the Commission to reopen a proposed penalty assessment it said it never received. After receiving a delinquency letter from the Department of Treasury, the company paid the penalties in full. The Secretary confirmed that the assessment had been returned undelivered and did not oppose…
H & K Materials, Inc.
H & K Materials, Inc. (FMSHRC PENN 2012-83-M): Late contest reopened after paralegal's personal emergency
H & K Materials promptly sent a proposed penalty assessment to counsel for contest. Counsel missed the deadline because the paralegal responsible for filing was experiencing a serious personal problem, despite the firm's otherwise adequate docketing system. After discovering the error, counsel…
Frasure Creek Mining, LLC
Frasure Creek Mining, LLC (FMSHRC KENT 2012-335): Late contest reopened after security routing failure
Frasure Creek's security guard received a proposed penalty assessment but failed to forward it to management as instructed. The company learned of the final assessment only after receiving a delinquency notice and then promptly sought reopening. Frasure said it had contested the underlying citation…
Secretary of Labor on behalf of Clinton Ray Ward v. Argus Energy WV, LLC
Secretary of Labor on behalf of Clinton Ray Ward v. Argus Energy WV, LLC (FMSHRC WEVA 2012-1448-D): Temporary reinstatement affirmed over disputed evidence
Clinton Ray Ward, a chief electrician at Argus Energy's Deep Mine No. 8, alleged that he was demoted and then fired after complaining about water accumulations near mine seals. An MSHA inspection produced a citation for water that prevented travel of a return entry during a weekly examination, and…
Thueson Construction Co., and/or Thueson Construction, Inc.
Thueson Construction Co., and/or Thueson Construction, Inc. (FMSHRC WEST 2010-396-M): Nineteen violations affirmed with penalties reduced to $25,028
Thueson Construction operated a portable sand and gravel crusher and stipulated to nineteen safety violations, including eleven guarding violations. Eight violations were designated significant and substantial, twelve involved high negligence, and the company accepted the stated gravity…
New England Sand and Gravel, Inc.
New England Sand and Gravel, Inc. (FMSHRC YORK 2012-65-M): Late contest reopened after forms failed to reach counsel
New England Sand and Gravel asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it tried to send all proposed assessment forms to counsel. Counsel received and timely contested the section 110(c) penalties but did not receive the…
Western Technologies, Inc.
Western Technologies, Inc. (FMSHRC WEST 2012-356-M): Final assessment reopened to address operator responsibility
Western Technologies asked the Commission to reopen a penalty assessment after a delinquency notice prompted an internal investigation. The company said the assessment had fallen through the cracks but also asserted that it was not responsible for the cited operator or equipment. The Secretary did…
National Lime and Stone Company
National Lime and Stone Company (FMSHRC LAKE 2012-260-M): Late contest reopened after possible addressing error
National Lime and Stone Company asked the Commission to reopen a penalty assessment after receiving a delinquency notice. The company said it may have sent its October 4, 2011 contest to the wrong address. The Secretary did not oppose reopening but reported that MSHA had no record of receiving the…
M-Class Mining, LLC
M-Class Mining, LLC (FMSHRC LAKE 2012-232): Late contest reopened after assessment went to warehouse
M-Class Mining asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had changed its mailing address from a post office box to the mine, but the assessment was delivered to its warehouse. The Secretary did not oppose reopening…
Rex Coal Company, Inc.
Rex Coal Company, Inc. (FMSHRC KENT 2012-412): One-day-late contest reopened after holiday clerical error
Rex Coal Company asked the Commission to reopen a penalty assessment after filing its contest form one day late. Rex attributed the delay to a clerical error during a holiday break and submitted the delinquency notice it later received. The Secretary did not oppose reopening, noted that MSHA had…
Secretary of Labor on behalf of Jeffrey Fletcher v. Frontier-Kemper Constructors, Inc.
Secretary of Labor on behalf of Jeffrey Fletcher v. Frontier-Kemper Constructors, Inc. (FMSHRC LAKE 2012-745-D): Temporary reinstatement denied after unsupported-roof violation
Jeffrey Fletcher worked for Frontier-Kemper on construction of the slope for the Gibson South Mine. Fletcher and his supervisor painted the working face while positioned at least 7.5 feet beyond the last row of roof support, contrary to the approved roof support plan, and Fletcher spoke with an…
William Metz v. Carmeuse Lime, Inc.
William Metz v. Carmeuse Lime, Inc. (FMSHRC PENN 2009-541-DM): Discrimination dismissal affirmed over pretext dissent
William Metz, a longtime millwright and miners' representative, complained about possible asbestos dust and falling material while contractors dismantled kilns at Carmeuse Lime's Annville plant. He was suspended and then fired after a separate meeting about disputed on-call compensation in which…
Mach Mining, LLC
Mach Mining, LLC (FMSHRC LAKE 2010-1-R): Ventilation plan rulings mostly affirmed with limited remand
Mach Mining contested two citations issued after it and MSHA reached an impasse over general and site-specific ventilation plans for the mine's unusual longwall system. The Commission majority held that termination of an earlier withdrawal order did not constitute the district manager's required…
Secretary of Labor v. Mize Granite Quarries, Inc., Robert W. Mize III, and Clayborn Lewis
Secretary of Labor v. Mize Granite Quarries, Inc., Robert W. Mize III, and Clayborn Lewis (FMSHRC SE 2009-401-M): Company penalties affirmed and individual penalties remanded
MSHA proposed eleven penalties against Mize Granite Quarries and four individual penalties against owner Robert Mize III and foreman Clayborn Lewis. The administrative law judge vacated two company citations, affirmed four proposed company penalties, reduced five company penalties, dismissed one…
Dickenson-Russell Coal Co., LLC
Dickenson-Russell Coal Co., LLC (FMSHRC VA 2008-393): Mantrip sander violations affirmed with penalty reduced to $750
MSHA cited three nine-passenger diesel mantrips at Dickenson-Russell Coal's Cherokee Mine because their sanding devices contained wet sand and did not work. The mine had recently been inundated, but the mantrips were parked on track in ready-for-use positions and had not been tagged out of service…
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.