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.

5,593 decisions and counting · Latest decision July 17, 2026
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ALJ

Secretary of Labor obo Jimmy Lee Hoover v. Mosenecamanufacturer, LLC dba American Tripoli

Secretary of Labor obo Jimmy Lee Hoover v. American Tripoli (FMSHRC CENT 2024-0024): Temporary reinstatement ordered

Jimmy Lee Hoover testified that he declined to open an electrical breaker box and reach inside after the external reset failed because he believed the task was unsafe. American Tripoli terminated him the following day and argued that the discharge resulted from prior performance, attendance…

December 13, 2023 ·David P. Simonton
Procedural
COMM

Secretary of Labor v. Buzzi Unicem USA

Secretary of Labor v. Buzzi Unicem USA (FMSHRC CENT 2022-0189): No explanation and four-month delay barred reopening

Buzzi Unicem asked to reopen a defaulted penalty case so it could explain why it disagreed with the alleged violations. It gave no reason for failing to answer the Secretary's petition, the show-cause order, or the default order. Buzzi also waited about four months after MSHA sent a delinquency…

December 13, 2023
Procedural
ALJ

Barry Billcliff, dba Barry James, et al.

Roofing violations and personal liability affirmed

OSHA inspected roofing work at a hotel and conference center in Devens, Massachusetts, where workers lacked required inspections, head protection, fall protection, training, and compliant ladder access. Barry Billcliff denied controlling the project or employing anyone there, but the judge found…

December 13, 2023 ·Dennis L. Phillips
Citations affirmed
ALJ

Secretary of Labor obo Samuel Coleman v. Warrior Met Coal Mining, LLC

Secretary of Labor obo Samuel Coleman v. Warrior Met Coal Mining (FMSHRC SE 2024-0060): Temporary reinstatement granted

Samuel Coleman served as a designated miners' representative at Warrior Met Coal's No. 7 Mine. The Secretary alleged that Coleman questioned a supervisor about another miner's reported safety concerns and termination, said he would inspect the area, and raised a reflective-clothing issue before…

December 12, 2023 ·John T. Sullivan
Procedural
ALJ

Cecil Matney, Jr. v. Rockwell Mining, LLC

Cecil Matney, Jr. v. Rockwell Mining (FMSHRC WEVA 2023-0126): Part 90 complaint sustained

Cecil Matney developed black lung disease and exercised his Part 90 right to work in a lower-dust environment. The judge found that Rockwell Mining kept him as a move crew foreman whose required duties exposed him to excessive dust and changed his work conditions while dust sampling occurred…

December 8, 2023 ·William B. Moran
Mixed result
ALJ

Secretary of Labor obo Jordan Kelser v. Peabody Southeast Mining, LLC, et al

Secretary of Labor obo Jordan Kelser v. Peabody Southeast Mining and Jennmar Services (FMSHRC SE 2024-0025): Temporary reinstatement granted

Jordan Kelser worked at Peabody's Shoal Creek Mine through staffing company Jennmar Services. He testified that a conveyor started while he was working on it without lockout protection, causing ankle and lower-back injuries as he pulled himself off, and that a foreman then urged him not to report…

December 6, 2023 ·Michael G. Young
Procedural
COMM

Secretary of Labor v. Select Materials

Secretary of Labor v. Select Materials (FMSHRC LAKE 2023-0148): Uncollected certified mail barred reopening

Select Materials said it never received a proposed assessment and first learned of the penalties when MSHA hand-delivered a collection letter. Postal records showed that certified delivery had been attempted at the operator's correct Ohio address and that multiple notices went uncollected before…

December 6, 2023
Procedural
COMM

Secretary of Labor v. St. Marys Cement

Secretary of Labor v. St. Marys Cement (FMSHRC LAKE 2023-0116): Proactive data review supported reopening

St. Marys Cement received a proposed assessment shortly before Christmas while personnel were absent and safety leadership was changing. The company also mistakenly believed the citation had been contested through a different assessment. It discovered the error while proactively reviewing MSHA's…

December 6, 2023
Remanded
COMM

Secretary of Labor v. Heidelberg Materials US Cement, LLC

Secretary of Labor v. Heidelberg Materials US Cement, LLC (FMSHRC CENT 2023-0192): Omitted scan page supported reopening

Heidelberg Materials timely contested five penalties but unintentionally omitted the assessment's fourth page when scanning the contest form. Three citations on that page were therefore not included. After the Secretary filed a petition on the timely contests, Heidelberg reviewed the filing…

December 6, 2023
Remanded
COMM

Secretary of Labor v. Entact

Secretary of Labor v. Entact (FMSHRC WEST 2023-0117): Returned assessment never became final

MSHA mailed Entact's proposed assessment to a former Pennsylvania address, and Postal Service records showed it was returned because the occupant had moved. Entact's current safety director and address of record were in Illinois, and the company found no copy of the assessment in its offices or…

December 4, 2023
Remanded
COMM

Secretary of Labor v. Dyno Nobel

Secretary of Labor v. Dyno Nobel (FMSHRC SE 2023-0081): Holiday staffing and citation confusion excused delay

Dyno Nobel received a proposed assessment during the holiday period while personnel were absent and offices were closed. The assessment was not forwarded to counsel, and staff also confused the citation with a related citation issued on the same date. The company discovered the final order by…

December 4, 2023
Remanded
ALJ

Wildcat Renovation, LLC

EAJA fee application denied after citations were vacated

OSHA cited Wildcat Renovation after a concrete wall fell during demolition and struck an employee, who died from his injuries. The judge later vacated both demolition citations, and Wildcat applied for attorney fees and expenses under the Equal Access to Justice Act. Although Wildcat was allowed to…

December 4, 2023 ·Heather A. Joys
Procedural
COMM

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (amended)

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Reinstatement continued through finality and required full pay

Alvaro Saldivar received temporary economic reinstatement after alleging that Grimes Rock fired him for safety complaints, with the company initially paying the difference between his new wages and his former mine wages. After Saldivar was incarcerated and Grimes discovered additional…

November 28, 2023
Mixed result
ALJ

Mar-Jac Poultry MS, LLC

Eviscerator guarding and warning-sign violations affirmed

Mar-Jac operated poultry eviscerators at its Hattiesburg, Mississippi processing plant. An employee cleaning chicken parts and viscera around an operating eviscerator was caught in the machine and suffered fatal injuries. The judge found that the machine was unguarded, lacked safety-instruction…

November 20, 2023 ·Sharon D. Calhoun
Citations affirmed
ALJ

Secretary of Labor v. Warrior Met Coal Mining, LLC

Secretary of Labor v. Warrior Met Coal Mining (FMSHRC SE 2023-0146): Summary decision denied and amended answer allowed

The Secretary alleged that Warrior Met interfered with Mine Act walkaround rights by pursuing state-court contempt sanctions connected to union representatives' efforts to accompany MSHA inspections during a strike. She sought summary decision based largely on facts stated in the pleadings. The…

November 17, 2023 ·Thomas P. McCarthy
Procedural
ALJ

Ward Vessel & Exchanger Corporation

Lockout and injury-reporting citations vacated

Ward Vessel used a cord-and-plug plate roller to form metal cylinders at its Texas workshop. A supervisor troubleshooting an energized power problem activated the rollers without clearing the area, pinching an employee's fingertips and causing injuries later classified as amputations. The judge…

November 15, 2023 ·Joshua R. Patrick
Citations vacated
ALJ

United States Postal Service, Lehigh Valley PDCF

Obstruction citations affirmed, willful classification reduced

During the 2020 pandemic and holiday mail surge, staffing shortages and increased volume caused mail containers and equipment to accumulate at the Postal Service's Lehigh Valley processing plant. OSHA found blocked traffic aisles, emergency exit routes, a fire-alarm pull station, and insufficient…

November 1, 2023 ·Carol A. Baumerich
Modified
ALJ

Asplundh Tree Expert, LLC

Dead-tree trimming citation vacated

Asplundh trimmed dead cottonwood trees near power lines in New Castle, Colorado. A climber fell about 35 feet after a cut tree section struck the branch supporting him, causing a broken leg and permanently disabling spinal injuries. The judge found that Asplundh and its industry recognized fall and…

November 1, 2023 ·Christopher D. Helms
Citations vacated
ALJ

Romancing the Stone, Inc.

Contest dismissed after failure to answer

OSHA issued Romancing the Stone three failure-to-abate citations involving hearing conservation and crystalline-silica protections, with proposed penalties totaling $122,364. The company filed a notice of contest but did not answer the Secretary's complaint. It also did not respond to a show-cause…

October 23, 2023 ·Covette Rooney
Procedural
ALJ

Secretary of Labor v. Arepet Industries, LLC

Secretary of Labor v. Arepet Industries (FMSHRC CENT 2022-0221): MSHA jurisdiction over sand plant upheld

Arepet Industries argued that its Von Ormy sand plant belonged under OSHA because it bought commercially available wet sand and did not extract minerals. The plant stockpiled and dried the sand, used a separator to remove waste, and sold the processed material for use at oil and gas drilling sites…

October 19, 2023 ·Richard W. Manning
Procedural
ALJ

Ireland Contracting, LLC

Roofing citations vacated because subcontractors controlled the work

Ireland Contracting sold and scheduled two residential roof replacements in Gibsonia, Pennsylvania, then hired separate subcontractors to supply and supervise the roofing crews. OSHA cited Ireland Contracting for fall protection, eye protection, powered-industrial-truck, and scaffold violations…

October 12, 2023 ·Keith E. Bell
Citations vacated
COMM

Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC

Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC (FMSHRC SE 2023-0235): Loader safety concern supported temporary reinstatement

John Collins repeatedly told his supervisor that he was uncomfortable using a smaller front-end loader to lift heavy pan line. During the second lift, the loader's rear rose more than five feet, the load slid off, the machine crashed back down, and Collins injured his back. Crimson later discharged…

October 11, 2023
Citations affirmed
COMM

Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC

Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC (FMSHRC SE 2023-0235): Loader safety concern supported temporary reinstatement

John Collins repeatedly told his supervisor that he was uncomfortable using a smaller front-end loader to lift heavy pan line. During the second lift, the loader's rear rose more than five feet, the load slid off, the machine crashed back down, and Collins injured his back. Crimson later discharged…

October 11, 2023
Citations affirmed
ALJ

Secretary of Labor obo Phillip Bowman v. Lexington Coal Company, LLC

Secretary of Labor obo Phillip Bowman v. Lexington Coal Company (FMSHRC WEVA 2023-0363): Economic reinstatement tolled after mine shutdown

Lexington Coal sought to toll Phillip Bowman's temporary economic reinstatement after the Twilight Surface Mine was idled and employees with Bowman's skill set were laid off. The judge accepted evidence that the shutdown resulted from losing a high-price coal sales contract and that no comparable…

October 4, 2023 ·Thomas P. McCarthy
Procedural
COMM

Secretary of Labor v. GCC Dacotah, Inc.

Secretary of Labor v. GCC Dacotah, Inc. (FMSHRC CENT 2023-0173): Email-address typo treated as a unique mistake

GCC Dacotah attempted to email its contest on time, but a typo in MSHA's address prevented delivery and the company's system produced no error notice. After learning of the problem, it moved to reopen within 30 days and circulated a memorandum to safety personnel. The Commission majority…

October 3, 2023
Remanded
ALJ

Americold Logistics, LLC

Powered-vehicle aisle and training citations vacated

Americold operated powered industrial vehicles in a large Georgia cold-storage facility where pedestrians and vehicles shared the loading-dock floor. An untrained and unauthorized employee drove a vehicle and severely injured his ankle while trying to avoid a bollard. The judge vacated the aisle…

September 28, 2023 ·Heather A. Joys
Citations vacated
ALJ

Arrow Plumbing, LLC

Three excavation violations affirmed, spoil-pile item vacated

Arrow Plumbing replaced a residential sewer line in Grain Valley, Missouri, using an excavation more than nine feet deep. Its owner and project supervisor worked inside without hard hats, with exposed utilities and a near-vertical wall but no trench box or other cave-in protection. The judge…

September 28, 2023 ·Christopher D. Helms
Mixed result
COMM

Secretary of Labor v. R.E. Pierson Materials Corp.

Secretary of Labor v. R.E. Pierson Materials Corp. (FMSHRC PENN 2022-0105): Mail-processing errors excused two missed contests

R.E. Pierson received two proposed assessments, but mine administrative staff did not forward them to the operations manager for review and processing. The company discovered the errors only after MSHA sent delinquency notices and then contacted outside counsel. It reported taking corrective…

September 23, 2023
Remanded
ALJ

Secretary of Labor obo James Louis Groves v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor obo James Louis Groves v. Consol Pennsylvania Coal Company (FMSHRC PENN 2023-0049): Default denied and late answer accepted

The Secretary sought default judgment after Consol Pennsylvania Coal did not answer a discrimination complaint by the deadline. Consol's original attorney stated under oath that the electronically sent complaint and related emails never reached his inbox, and new counsel filed an answer after…

September 21, 2023 ·William B. Moran
Procedural
COMM

Secretary of Labor v. Greenbrier Minerals, LLC

Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2023-0191): One-day deadline mistake excused

Greenbrier Minerals' safety specialist miscalculated the assessment deadline and filed the contest one day late. The company sought to contest five citations and moved to reopen within ten days after the assessment became final. It made payments to avoid delinquency while expressly maintaining its…

September 20, 2023
Remanded
COMM

Secretary of Labor v. Westmoreland Absaloka Mining, LLC

Secretary of Labor v. Westmoreland Absaloka Mining, LLC (FMSHRC WEST 2023-0221): Contest mailed with payment was reopened

Westmoreland timely mailed its payment for uncontested citations to MSHA's St. Louis lockbox, but mistakenly included its contest rather than sending the contest to MSHA's Arlington address. Two days after the assessment became final, MSHA told Westmoreland about the error. The company immediately…

September 20, 2023
Remanded
COMM

Secretary of Labor v. Mulberry Limestone Quarry Co., Inc.

Secretary of Labor v. Mulberry Limestone Quarry Co., Inc. (FMSHRC CENT 2023-0190): Contest mailed with payment was reopened

Mulberry Limestone correctly mailed payment for uncontested citations to MSHA's St. Louis lockbox. It mistakenly placed its contest in the same envelope instead of sending it to the Arlington office. MSHA later located the contest, but Mulberry did not learn of the mistake until a delinquency…

September 20, 2023
Remanded
ALJ

Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC

Secretary of Labor obo John Collins v. Crimson Oak Grove Resources (FMSHRC SE 2023-0235): Temporary reinstatement ordered

John Collins repeatedly told his supervisor that he was uncomfortable using a Komatsu 250 loader to lift a heavy pan line onto a truck. He followed the instruction, and the loader tipped forward while lifting the second piece, causing the rear to rise and then slam down and resulting in back pain…

September 18, 2023 ·John Kent Lewis
Procedural
COMM

Secretary of Labor v. Cranesville Aggregates

Secretary of Labor v. Cranesville Aggregates (FMSHRC YORK 2023-0032): Personnel transition excused late contest

Cranesville received a proposed assessment while its safety department was in transition. Its safety director had semi-retired and was working from home, no replacement had been hired, and its safety manager was on leave. The company contested the assessment promptly after the department learned…

September 14, 2023
Remanded
COMM

Secretary of Labor v. Two Rivers Sand & Gravel, Inc.

Secretary of Labor v. Two Rivers Sand & Gravel, Inc. (FMSHRC WEST 2023-0090): Combined assessment paperwork caused late contest

Two Rivers combined the pages of one proposed assessment with paperwork for another assessment that had a later due date. It processed both together and filed the contest for the earlier assessment too late. The company moved to reopen about two weeks after the assessment became final. The…

September 14, 2023
Remanded
COMM

Secretary of Labor v. Terra Excavating, LLC

Secretary of Labor v. Terra Excavating, LLC (FMSHRC SE 2023-0048): Prompt filing after duplicate assessment supported reopening

Terra said it never received the proposed assessment. Its counsel contacted MSHA to ask about the assessment's status and obtained a duplicate copy. Terra promptly attempted to contest it, then moved to reopen after MSHA said the contest was late. The Commission found good cause based on Terra's…

September 13, 2023
Remanded
COMM

Secretary of Labor v. Lehigh Cement Company, LLC

Secretary of Labor v. Lehigh Cement Company, LLC (FMSHRC PENN 2023-0021): Counsel promptly corrected assessment mistake

Lehigh's counsel mistakenly believed that an earlier assessment contest covered all citations from the same inspection. When counsel recognized that 13 citations had not been contested, she moved to reopen them the next day. The Commission found that the missed deadline resulted from a mistake and…

September 13, 2023
Remanded
COMM

Secretary of Labor v. Prairie State Generating Company, LLC

Secretary of Labor v. Prairie State Generating Company, LLC (FMSHRC LAKE 2023-0038): Misaddressed contest was reopened

Prairie paid 19 of 23 penalties and intended to contest the other four. It said that it mailed the contest on the payment date but used the wrong address or otherwise made a mailing mistake. After MSHA sent a delinquency notice, Prairie moved to reopen the four citations. The Secretary did not…

September 13, 2023
Remanded
COMM

Secretary of Labor v. Cooper Stone

Secretary of Labor v. Cooper Stone (FMSHRC CENT 2023-0057): Pandemic staff illnesses supported reopening

Cooper Stone said its normal practice was to contest proposed penalties immediately after receiving them. Staff illnesses during the COVID-19 pandemic disrupted that process and caused it to miss the deadline. The Commission found good cause, reopened the assessment, and remanded the case. It also…

September 13, 2023
Remanded
COMM

Secretary of Labor v. Pocahontas Coal Company, LLC

Secretary of Labor v. Pocahontas Coal Company, LLC (FMSHRC WEVA 2023-0092): Direction for review was vacated

The Commission had directed review and stayed briefing in this case. After deciding Consol Mining Co. and concluding there that a Judge erred in denying a settlement motion based on Mechanicsville Concrete and American Aggregates of Michigan, the Commission reconsidered the Secretary's petition in…

September 7, 2023
Procedural
ALJ

Texas Underground Utilities, Inc.

Repeat cave-in violation affirmed, two items vacated

OSHA found two Texas Underground Utilities employees working in a trench at a construction site in Houston. The judge affirmed a repeat-serious cave-in-protection violation because the trench reached seven feet in Type B soil and was not properly sloped, benched, or protected by a trench box. A…

September 6, 2023 ·Christopher D. Helms
Mixed result
COMM

Secretary of Labor v. CONSOL Mining Company, LLC

Secretary of Labor v. CONSOL Mining Company, LLC (FMSHRC WEVA 2023-0141): Judge could not strike settlement arguments

A Judge denied a settlement motion without reviewing the agreement and struck the Secretary's argument and supporting Commission cases. The Commission held that presenting those authorities did not violate its procedural rules and that striking them could prevent the Secretary from preserving…

August 31, 2023
Remanded
COMM

Secretary of Labor v. R.E. Pierson Materials Corp.

Secretary of Labor v. R.E. Pierson Materials Corp. (FMSHRC PENN 2022-0105): Conflicting explanations prompted show-cause order

R.E. Pierson's counsel said the operator failed to forward the assessment to counsel, while the mine's operations manager said the clerical mistake occurred in counsel's office. The Commission found those accounts inconsistent. It ordered the operator and counsel to provide a uniform, detailed…

August 31, 2023
Procedural
COMM

Secretary of Labor v. Cascade Concrete Products Company, Inc.

Secretary of Labor v. Cascade Concrete Products Company, Inc. (FMSHRC WEST 2023-0100): Misrouted contest was reopened

Cascade Concrete Products asked the Commission to reopen three proposed penalties that became final when its contest was not filed with the proper MSHA office. Cascade said it mailed the contest to MSHA's St. Louis payment office with payment for the uncontested citations instead of sending it to…

August 30, 2023
Remanded
COMM

Secretary of Labor v. Northside Rock Products, LLC

Secretary of Labor v. Northside Rock Products, LLC (FMSHRC WEST 2022-0288): Misfiled paperwork did not establish good cause

Northside Rock Products asked the Commission to reopen a penalty case that defaulted after it did not answer the Secretary's petition or a show-cause order. The company said paperwork was placed in the wrong file and that it mistakenly believed an answer had been filed. The Secretary opposed…

August 30, 2023
Procedural
COMM

Secretary of Labor v. Southwest Rock Products, Inc.

Secretary of Labor v. Southwest Rock Products, Inc. (FMSHRC WEST 2021-0275): Unexplained delay barred reopening

Southwest Rock Products asked the Commission to reopen a penalty assessment that became final after the company did not answer the Secretary's petition or a show-cause order. The company said it was unsure why the case defaulted and had received no documentation. The Secretary did not oppose…

August 30, 2023
Procedural
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company (FMSHRC PENN 2022-0070): Damaged cutting-bit citation affirmed

A face ignition occurred while a continuous miner operated at Consol's Enlow Fork Mine, which was liberating more than 11 million cubic feet of methane per day. Investigators found two damaged cutting bits about two feet apart on the side of the cutting head where witnesses saw the ignition. The…

August 30, 2023 ·John Kent Lewis
Citations affirmed
ALJ

Louisiana-Pacific Corporation and Tyler Wallace

Conveyor machine-guarding citation vacated

Louisiana-Pacific manufactured oriented strand board at a mill where an employee's hand and arm were caught in the ingoing nip point of a trim-waste conveyor while he was cleaning nearby. OSHA alleged that the unguarded nip point violated the machine-guarding standard and proposed a $13,653…

August 30, 2023 ·John B. Gatto
Citations vacated
ALJ

Elmer W. Davis, Inc.

Roof structural-integrity citation affirmed

Elmer W. Davis was replacing a warehouse roof when its crew discovered an unsafe depression in the roof deck and covered it with an unsecured, unmarked sheet of plywood. After someone moved the plywood, an employee stepped on the exposed depression, fell 14 feet through the roof, and suffered…

August 23, 2023 ·William S. Coleman
Citations affirmed
ALJ

IMI Aggregates, LLC v. Secretary of Labor

IMI Aggregates v. Secretary of Labor (FMSHRC LAKE 2023-0249): Expedited hearing request denied

MSHA cited IMI Aggregates for failing to provide nonconductive material at an emergency-stop switch for a conveyor. IMI sought an expedited hearing, arguing that similar citations at 21 other mines could require costly electrical work, shutdowns, and lost production. The judge found those concerns…

August 22, 2023 ·Alan G. Paez
Procedural
COMM

Secretary of Labor v. Rockwell Mining, LLC

Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2023-0197, WEVA 2023-0198): Unclear delivery supported reopening

Rockwell Mining asked to reopen two penalty assessments that became final after MSHA records showed delivery but the company did not file contests. The delivery confirmations were signed "C COVID," and Rockwell said no employee had received the assessments. After learning of the problem during a…

August 21, 2023
Remanded
COMM

Secretary of Labor v. Kiewit Mining Group

Secretary of Labor v. Kiewit Mining Group (FMSHRC WEST 2023-0051, WEST 2023-0053): Uncollected assessment mail was excusable

Kiewit Mining Group asked to reopen two penalty assessments that became final after packages sent to its designated post office were returned unclaimed. Kiewit could not identify why the packages were missed, but said an employee normally collected mail twice each week and that the company had no…

August 21, 2023
Remanded
COMM

Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor v. Vulcan Construction Materials, LLC (FMSHRC SE 2023-0043): Unclear delivery and prompt action justified reopening

Vulcan Construction Materials asked to reopen a penalty assessment that became final when it did not file a contest within 30 days. The assessment went to the correct address, but Vulcan had no record of receiving it and the delivery confirmation identified only "V Construction." Vulcan filed its…

August 21, 2023
Remanded
COMM

Secretary of Labor v. Thyssenkrupp Industrial Solutions

Secretary of Labor v. Thyssenkrupp Industrial Solutions (FMSHRC CENT 2022-0219): Waiting for a missing citation was excusable

Thyssenkrupp Industrial Solutions asked to reopen a penalty assessment after filing its contest about three weeks late. The assessment package was missing one citation, and the company waited for the MSHA District Office to provide a copy before deciding to file without it. The company later…

August 18, 2023
Remanded
ALJ

Secretary of Labor v. Appalachian Resource West Virginia, LLC

Secretary of Labor v. Appalachian Resource West Virginia (FMSHRC WEVA 2022-0555): Eleven-citation settlement approved

The judge had previously denied a proposed settlement because the Secretary did not provide two section 104(b) withdrawal orders associated with citations in the docket. After the Commission's Perry County Resources decision held that a judge did not need the related withdrawal order when the…

August 4, 2023 ·William B. Moran
Settled
COMM

Secretary of Labor obo Victor Torres v. W. G. Yates & Sons Construction Company

Secretary of Labor obo Victor Torres v. W. G. Yates & Sons Construction Company (FMSHRC WEST 2023-0256): Tolling issue required meaningful notice

Victor Torres alleged that W.G. Yates & Sons laid him off after he raised a safety concern, refused work he believed was unsafe, and photographed the incident for a report. A Judge found the discrimination complaint non-frivolous but tolled temporary reinstatement because layoffs had left no…

July 28, 2023
Remanded
COMM

Secretary of Labor v. Consol Mining Company LLC

Secretary of Labor v. Consol Mining Company LLC (FMSHRC WEVA 2023-0141): Interlocutory review was granted

The Administrative Law Judge certified questions for interlocutory review before issuing a final decision in the case. Commission Rule 76 permits this early review when a ruling presents a controlling legal question and immediate review would materially advance the proceeding. The Commission found…

July 27, 2023
Procedural
COMM

Secretary of Labor v. Perry County Resources, LLC

Secretary of Labor v. Perry County Resources, LLC (FMSHRC KENT 2022-0024): Unrelated abatement order was not required for settlement

Perry County Resources and the Secretary proposed settling four citations involving roof support, escapeways, a lifeline, and equipment guarding. A Judge denied approval because the Secretary would not provide a separate failure-to-abate order associated with a citation Perry accepted as written…

July 20, 2023
Settled
COMM

Secretary of Labor v. Blue Creek Mining, LLC

Secretary of Labor v. Blue Creek Mining, LLC (FMSHRC WEVA 2022-0470): Safety director departure supported reopening

Blue Creek Mining missed its deadline to contest a proposed penalty assessment after the corporate safety director who normally filed contests left the company. The outgoing director did not submit the contest or alert another employee to the deadline. A paralegal discovered the oversight, and the…

July 18, 2023
Remanded
COMM

Secretary of Labor v. Callender Construction Company, Inc.

Secretary of Labor v. Callender Construction Company, Inc. (FMSHRC LAKE 2020-0189): Unopposed reopening request was granted

Callender Construction Company asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted reopening and remanded the matter to the Chief Administrative Law Judge. It directed the Secretary to file a…

July 18, 2023
Remanded

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.