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. Buchanan Minerals, LLC
Secretary of Labor v. Buchanan Minerals, LLC (FMSHRC VA 2020-0009): Internal mail breakdown supported reopening
Buchanan Minerals used a routine mail process in which a security guard sorted delivered mail, the mine superintendent received the assessment, and the safety manager handled the contest. The safety manager never received this proposed assessment, so the company missed the deadline. Buchanan…
Secretary of Labor v. Callender Construction Company
Secretary of Labor v. Callender Construction Company (FMSHRC LAKE 2020-0092): Claimed nonreceipt supported reopening
Callender Construction said it never received the proposed penalty assessment that later became final. MSHA subsequently sent the company a delinquency notice. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. The Commission found inadvertence or…
Secretary of Labor v. Delhur Industries, Inc.
Secretary of Labor v. Delhur Industries, Inc. (FMSHRC CENT 2020-0099): Claimed nonreceipt supported reopening
Delhur Industries said it never received the proposed penalty assessment and first learned of it from an MSHA delinquency notice. The operator contacted MSHA and followed the agency's direction to seek relief from the Commission. The Secretary did not oppose reopening. The Commission found…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2020-0150): Vacation backlog supported reopening with warning
Two proposed assessments arrived while Rockwell Mining's safety manager was on vacation. After returning to a backlog, he selected citations for contest and sent the forms to the corporate safety director, who mailed them on the day the assessments became final. MSHA received the forms six days…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2019-0479): Mistaken payment supported reopening with warning
Rockwell Mining had contested the citation but inadvertently paid the associated penalty when the proposed assessment arrived. The operator discovered the mistake and filed a reopening motion 30 days later. The Secretary did not oppose, and the Commission found excusable neglect, reopened the…
Secretary of Labor v. Pinto Valley Mining Corp.
Secretary of Labor v. Pinto Valley Mining Corp. (FMSHRC WEST 2019-0516): Documented mailing claims supported reopening
Pinto Valley said it timely mailed contest forms for two assessments by certified mail and made partial payments for the uncontested penalties. The company did not have the return receipts, but submitted completed forms, payment records, and affidavits describing its reliable contest procedure. It…
Secretary of Labor v. Victory Rock Texas, LLC
Secretary of Labor v. Victory Rock Texas, LLC (FMSHRC CENT 2020-0105-M): Pro se operator received reopening despite filing delay
Victory Rock waited for the result of an MSHA conference and said it quickly returned its contest form, but it had no proof of mailing or delivery. After a delinquency notice, MSHA told the operator that no contest had been received and advised it to seek reopening. The pro se operator's motion…
Secretary of Labor v. James C. Scott and Donnie B. Thomas, employed by Mill Branch Coal Corp.
Secretary of Labor v. James C. Scott and Donnie B. Thomas (FMSHRC VA 2018-0103, VA 2018-0104): Delayed agent-penalty cases remanded
MSHA sought individual penalties against a mine superintendent and shift foreman for allegedly failing to report a dangerous water inundation within 15 minutes. The agency proposed penalties of $4,000 and $3,500 about three years after the event, but only eight days after its special investigations…
Secretary of Labor v. Fairfax Materials
Secretary of Labor v. Fairfax Materials (FMSHRC WEVA 2015-1016-M): Wrongly checked penalty contest reopened
Fairfax Materials received an assessment containing two penalties and intended to contest one while paying the other. It accidentally selected the wrong citation for contest, paid the $100 penalty it meant to challenge, and proceeded with the other citation instead. Fairfax acted promptly after…
Secretary of Labor v. Buzzi Unicem USA
Secretary of Labor v. Buzzi Unicem USA (FMSHRC CENT 2016-0190): Old MSHA address excuses penalty-contest default
Buzzi Unicem failed to contest a proposed penalty within 30 days, causing the assessment to become a final Commission order. Its safety manager first mailed the contest to an obsolete address printed on MSHA's assessment form and resent it after the envelope was returned. Although the Secretary…
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.