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. Blue Mountain Energy, Inc.
Secretary of Labor v. Blue Mountain Energy, Inc. (FMSHRC WEST 2021-0189): Misdirected contest was reopened
Blue Mountain Energy intended to contest one citation after MSHA upheld it at a safety and health conference. The company mistakenly mailed its contest to the Commission and an MSHA conference litigation representative instead of the correct MSHA address. The Secretary did not oppose reopening but…
Wildcat Renovation, LLC
Demolition survey and inspection citation vacated
Wildcat Renovation was demolishing concrete bridge-support walls at a Florida waterpark when a wall fell on an employee, causing fatal injuries. OSHA alleged that Wildcat failed to conduct an adequate pre-demolition engineering survey and failed to make continuing inspections as work progressed…
Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC
Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC (FMSHRC PENN 2022-0116): Unexplained late contest denied without prejudice
Hanson Aggregates sent the Commission a notice contesting six citations after the assessment had become final and MSHA had issued a delinquency notice. The Commission treated the filing as a motion to reopen. Hanson did not explain why it missed the statutory contest deadline or identify a Rule…
Secretary of Labor v. Carmeuse Lime and Stone, Inc.
Secretary of Labor v. Carmeuse Lime and Stone, Inc. (FMSHRC LAKE 2023-0074): Vacation coverage lapse was excused
Carmeuse had already filed Commission contests for three of the thirteen penalties in an assessment. Its senior safety manager was on vacation when MSHA issued the assessment, received only an electronic copy, and mistakenly failed to submit the penalty contest after returning. Carmeuse monitored…
Gander & White Shipping, Inc.
Powered-industrial-truck training citation affirmed
OSHA inspected Gander & White Shipping after an employee was injured in a fall from a scissor lift at its Miami warehouse. The inspection found that employees operated powered industrial trucks without completing the required training and evaluation. The operations manager admitted the employees…
Secretary of Labor obo Ronald D. Collins v. Next Endeavor Ventures, LLC
Secretary of Labor obo Ronald D. Collins v. Next Endeavor Ventures, LLC (FMSHRC VA 2023-0023): Temporary reinstatement granted
Ronald Collins, a foreman at Next Endeavor Ventures' surface mine, raised concerns about accident reporting, preshift records, employee drug testing and credentials, miner training, and other safety requirements. He testified that supervisor Wilk Renfroe became angry when Collins insisted on…
Raymond – San Diego, Inc.
Gate-inspection and hazard-training citations vacated
Raymond employees were preparing to paint a large sliding gate at a California casino when one 3,000-pound panel moved beyond the roller guide holding it upright and fell, causing fatal injuries to an employee. Another subcontractor had installed the gate, its motor was not yet installed, and…
First Marine, LLC
Shipyard training violation reduced to serious
First Marine operated a Kentucky shipyard where employees and subcontractors were repairing a towboat. Workers smelled gas but continued work without atmospheric testing, and an explosion later killed three workers and injured several others. The only item on Commission review alleged that First…
CentiMark Corporation
Roof-edge assessment was part of roofing work
CentiMark was preparing to replace sections of a commercial roof when OSHA observed a foreman within two feet of a low-slope roof edge 40 feet above the ground without fall protection. The foreman went to the edge to identify a location from which he or another employee could signal the crane…
Fama Construction, LLC
Roofing case remanded for controlling-employer analysis
OSHA cited Fama Construction for inadequate inspections, missing head protection, and missing fall protection at a residential roofing project. An administrative law judge granted summary judgment to the Secretary and affirmed all three violations. The Commission agreed that no material fact was…
Palacios Marine & Industrial Coating, Inc.
Six scaffold-related citation items vacated
Palacios Marine employees were erecting a scaffold-based shelter at a Texas petrochemical plant when a wooden plank broke and a scaffold builder fell seven feet, suffering broken bones that required reconstructive surgery. OSHA cited the company for alleged failures involving employer-provided and…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2022-0009): Booster-pump guarding citation affirmed
A guard over the Bailey Mine's 960 Booster Pump left a gap near a jagged, keyed shaft approximately 20 inches in diameter that rotated 300 to 900 times per minute. A contract greaser had to climb onto the pump frame and work about five inches from the shaft amid grease and spraying water. Consol…
Elmer W. Davis, Inc.
Roofing fall-protection citation vacated for employee misconduct
Elmer W. Davis assigned two employees to repair a low-slope commercial roof where a safety-monitoring system was permitted as the sole form of fall protection. OSHA observed both employees performing roofing work near an unprotected edge after the designated monitor stopped monitoring and joined…
Secretary of Labor v. Potter South East, LLC
Secretary of Labor v. Potter South East, LLC (FMSHRC SE 2022-0204): Bare reopening request denied with prejudice
Potter South East sought to reopen five assessments covering 62 citations after MSHA had issued delinquency notices. Its brief filing said the total penalty was a surprise and that the company had implemented corrective procedures, but it did not explain the missed contest deadlines or the later…
Alaska Native Tribal Health Consortium
COVID-19 respirator citation vacated
The Alaska Native Tribal Health Consortium co-managed an Anchorage healthcare facility where employees treated patients during the COVID-19 pandemic. OSHA alleged that employees caring for suspected or confirmed COVID-19 patients were given surgical masks rather than NIOSH-certified respirators…
Secretary of Labor v. Pocahontas Coal Company, LLC
Secretary of Labor v. Pocahontas Coal Company, LLC (FMSHRC WEVA 2022-0489): Roof-bolter dust settlement approved
One citation concerning a forklift wiring schematic remained unchanged at $133. A second citation found accumulated drill dust behind primary and secondary filters on a roof bolter, with dust visibly suspended during startup and operation and potential for silicosis or coal miners' pneumoconiosis…
Secretary of Labor v. Genesis Alkali, LLC
Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2022-0223): Contest sent with payment was reopened
Genesis Alkali mailed both its payment and its notice of contest before the deadline. It mistakenly sent both to the St. Louis penalty payment address instead of sending the contest to MSHA's Civil Penalty Compliance Office in Arlington. The Secretary did not oppose reopening but urged the operator…
Secretary of Labor v. Sun West Acquisition Corporation
Secretary of Labor v. Sun West Acquisition Corporation (FMSHRC SE 2022-0100): Vague staffing claim and long delay defeated reopening
Sun West said a loss of staff prevented it from receiving or timely contesting a proposed assessment. It did not identify which staffing change occurred or explain how that change caused the missed deadline. The company filed its reopening motion 351 days after the assessment became final and…
Secretary of Labor v. Lehigh Cement Company, LLC
Secretary of Labor v. Lehigh Cement Company, LLC (FMSHRC LAKE 2022-0204): Timely contest went to payment address
Lehigh Cement mailed its notice of contest well before the deadline. It mistakenly sent the notice to MSHA's St. Louis penalty payment address instead of the Civil Penalty Compliance Office in Arlington. The Secretary did not oppose reopening but urged the operator to improve its filing process…
Secretary of Labor v. Omya, Inc.
Secretary of Labor v. Omya, Inc. (FMSHRC WEST 2022-0119): Mistaken payment did not erase intent to contest
Omya had filed notices contesting the underlying citations before MSHA issued the proposed assessment. A shipping manager later received a combined invoice and mistakenly paid the penalties while believing the earlier notices had preserved the company's contest rights. The Secretary did not oppose…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0555): Settlement initially denied over missing withdrawal orders
The proposed settlement covered citations involving a CAT loader with nine defects and a CAT truck with nineteen defects, both under a standard requiring safety defects to be corrected before equipment use. Inspectors repeatedly extended abatement deadlines, and section 104(b) withdrawal orders…
Secretary of Labor v. Ironside Stone Works, Inc.
Secretary of Labor v. Ironside Stone Works, Inc. (FMSHRC WEST 2022-0216): Mine-site delivery delay was excused
MSHA delivered Ironside Stone Works' assessment to the mine site rather than the company office. The mine operator took the assessment home while on compassionate leave, and the document did not reach the office until several weeks later. Ironside filed its contest in mid-March, about two weeks…
Secretary of Labor v. Global Pumice, LLC
Secretary of Labor v. Global Pumice, LLC (FMSHRC WEST 2020-0254): Answer sent to MSHA supported vacating default
Global Pumice mailed its answer to MSHA instead of the Commission, believing the filing would be forwarded. The company also said it never received the show-cause order because that order went to the wrong address. It learned of the default through a delinquency notice and moved to reopen shortly…
UHS of Delaware, Inc. and Premier Behavioral Health Solutions of Florida, Inc. d/b/a Suncoast Behavioral Health Center
Workplace-violence citation affirmed as serious
Suncoast operated a Florida inpatient psychiatric hospital where employees experienced repeated patient assaults that caused serious injuries. OSHA cited Suncoast and its management company, UHS of Delaware, under the General Duty Clause for exposing employees to workplace violence. The Commission…
United States Postal Service
Des Moines heat-hazard case remanded
OSHA cited the Postal Service under the General Duty Clause after two Des Moines letter carriers became ill while delivering mail in hot weather. The administrative law judge vacated the citation after finding that OSHA had not proved an excessive-heat hazard. The Commission reversed that finding…
United States Postal Service
Four heat-hazard citations vacated
OSHA issued General Duty Clause citations after letter carriers became ill while delivering mail during hot summer conditions in San Antonio, Benton, Houston, and Martinsburg. The Commission found that the environmental heat and the physical demands of the routes created a significant…
Secretary of Labor v. U.S. Silica
Secretary of Labor v. U.S. Silica (FMSHRC WEST 2022-0157): Staff-routing error supported reopening
U.S. Silica failed to contest a proposed penalty assessment within 30 days after delivery. The company said operations and staffing changes led a new administrative assistant to send the assessment to an interim manager at another office instead of following the proper process. U.S. Silica…
Link General Contracting Corp.
Scaffold access and fall-protection citations affirmed
Link General Contracting employees performed facade repairs from scaffold platforms at the fifth and sixth floors of a Brooklyn building. OSHA observed an employee using scaffold crossbracing and building formwork to move between platforms more than two feet apart. Employees also wore harnesses but…
Morton Salt, Inc. v. Secretary of Labor
Morton Salt, Inc. v. Secretary of Labor (FMSHRC CENT 2023-0069): Standalone POV-notice docket dismissed
MSHA issued Morton Salt a pattern-of-violations notice and later nine section 104(e) withdrawal orders. Morton contested the withdrawal orders and referenced the POV notice in each contest but acknowledged that it had not directly contested the notice itself. Under Commission precedent, a POV…
Cactus Canyon Quarries, Inc. v. Secretary of Labor
Cactus Canyon Quarries, Inc. v. Secretary of Labor (FMSHRC CENT 2023-0068): Mine-ID petition dismissed for lack of jurisdiction
Cactus Canyon asked the Commission to compel MSHA to issue identification numbers for ten intermittent surface mines, framing its filing as a contest proceeding. The Judge held that Commission contest jurisdiction is limited to specified citations, orders, penalty assessments, abatement periods…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2022-0207): Receptionist error supported reopening
Rockwell Mining failed to contest a proposed penalty assessment within 30 days. A new office manager receptionist received the assessment but did not provide it to the corporate safety director for more than two months. Rockwell said its normal procedure required assessments to be scanned and sent…
Secretary of Labor v. Miller Contracting Services, Inc.
Secretary of Labor v. Miller Contracting Services, Inc. (FMSHRC WEVA 2022-0173): Lost contest supported reopening
Miller Contracting Services said it mailed a penalty contest packet, but MSHA did not receive it. An internal miscommunication caused the company to send the packet without certified-mail tracking, and Miller learned of the problem only after receiving a delinquency notice. The company then updated…
Secretary of Labor v. Specialty Vermiculite, LLC
Secretary of Labor v. Specialty Vermiculite, LLC (FMSHRC SE 2022-0044): Mine shutdown disruption supported reopening
Specialty Vermiculite failed to contest a proposed penalty assessment within 30 days. The company said its Enoree Operations mine had ceased operations, most employees had been laid off, and COVID illnesses added to confusion among the remaining staff. The employee responsible for contests worked…
Secretary of Labor v. Iron Cumberland, LLC
Secretary of Labor v. Iron Cumberland, LLC (FMSHRC PENN 2022-0029): Management transition supported reopening
Iron Cumberland failed to contest two proposed penalty assessments within 30 days. The mine changed ownership and management near the end of 2021, including hiring a new safety director, and the transition altered internal processing procedures. Iron Cumberland learned of the missed assessments…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0516): Fourteen-citation settlement approved
The settlement resolved fourteen citations at Appalachian Resource's Grapevine South Surface Mine and reduced penalties from $18,550 to $11,000. Three associated section 104(b) withdrawal orders were vacated, three citations were changed from low to no negligence, and one citation was changed from…
Walmart, Inc.
Unsecured pallet-storage citation affirmed on remand
Walmart stored merchandise pallets on high back-to-back racks at a New York distribution center where forklifts regularly tipped pallets and caused products to fall. An employee suffered neck and spinal injuries when merchandise fell from a pallet dislodged by a forklift. After the Second Circuit…
Onekey, LLC
Judge's decision vacated after contest withdrawn
An administrative law judge had affirmed the citations against Onekey, and the case was directed for Commission review. Onekey later withdrew its notice of contest under the Commission's procedural rules. The Commission therefore vacated the judge's decision and order. This final order does not…
Secretary of Labor obo Robert M. Carlucci v. Spartan Mining Company, LLC
Secretary of Labor obo Robert M. Carlucci v. Spartan Mining Company, LLC (FMSHRC WEVA 2023-0110): Economic temporary reinstatement granted
Robert Carlucci took a shuttle car out of service after its brakes failed and notified mine management. A section foreman responded that Carlucci would be allowed to operate only a shovel, and an evening-shift foreman warned that traveling to the surface to speak with safety personnel or the…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0554): Haul-truck railing settlement approved
MSHA cited two hazards on the same haul truck at Appalachian Resource West Virginia’s Tug Fork Preparation Plant. One citation involved a loose railing at the top of an eight-to-nine-foot ladder, and the other involved the equipment operator’s failure to wear a seat belt. The settlement changed the…
TH Construction Group
Late-contest dismissal set aside and remanded
OSHA issued TH Construction Group four serious citation items with proposed penalties totaling $15,214. The company's owner later requested a late notice of contest, claiming OSHA had told him not to worry after he promptly supplied information that another contractor employed the workers. An…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2022-0013): Cross-review cases consolidated for briefing
The Secretary of Labor, Vulcan Construction Materials, and miner Jason Hargis each petitioned the Commission to review rulings in related proceedings. The Commission granted all three review petitions and consolidated the cases. It set the same deadlines for each party's opening, response, and…
Secretary of Labor v. Iron Cumberland, LLC
Secretary of Labor v. Iron Cumberland, LLC (FMSHRC PENN 2022-0084): Combustible-accumulation settlement approved
The settlement covered two specially assessed section 104(d)(2) orders for extensive combustible-material accumulations along the Cumberland Mine’s 6 Mains West No. 1 belt. The first order identified ten locations, including material contacting moving rollers and one smoking accumulation; the…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0428): Blasting, training, and equipment settlement approved
This settlement resolved sixteen citations that had been moved from the related WEVA 2022-0301 docket. One equipment citation remained at $4,624 after ten defects were found on a haul truck and eight remained uncorrected thirteen days later, prompting a section 104(b) order. Three other citations…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0301): Equipment and ground-control settlement approved
The settlement resolved seventeen citations at Appalachian Resource West Virginia’s Grapevine South Surface Mine after sixteen other citations were moved to a separate docket. Seven equipment citations had led to section 104(b) failure-to-abate orders involving defects such as oil leaks, damaged…
A Crane Rental LLC
Personnel-platform case remanded under creating-employer theory
A Crane Rental provided a crane and operator to hoist another contractor's employees to a communications tower. OSHA alleged that the operator lifted three people in a personnel basket rated for two and failed to ensure that the required pre-lift meeting included the workers being hoisted. An…
Secretary of Labor obo George Porter v. Pacer Minerals, LLC
Secretary of Labor obo George Porter v. Pacer Minerals, LLC (FMSHRC CENT 2023-0058): Temporary reinstatement ordered
George Porter alleged that Pacer Minerals laid him off eight days after he reported working near six undetonated explosive charges at the Pink Monster Mine. The Secretary’s investigator stated that mine management knew the explosives were present but did not explain the danger when directing Porter…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2019-0094): Lifeline over hoses violated the escape standard
Consol operated the Harvey Mine, where an emergency lifeline ran directly above nine hydraulic hoses in a longwall escapeway. The hoses extended as much as 43 inches into the route and rose as high as 38 inches above the floor. The Commission held that a lifeline is not located for effective escape…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0301): Settlement-document review request was premature
The Secretary moved to approve settlements in two proceedings involving Appalachian Resource West Virginia. The judge certified for immediate review whether the Secretary had to provide related section 104(b) orders when requested. The Commission noted that the judge had not yet granted or denied…
Eustis Cable Enterprises, Ltd.
Training and equipment violations affirmed after fatal line-work incident
Eustis Cable Enterprises was a communications contractor installing fiberoptic cable in rural upstate New York. A foreman died while traversing a support strand about twenty feet above the ground to repair a malfunctioning lasher at an offroad worksite. The judge found that Eustis failed to ensure…
Secretary of Labor v. Rulon Harper Construction, Inc.
Secretary of Labor v. Rulon Harper Construction, Inc. (FMSHRC WEST 2022-0249): Settlement denial accepted for immediate review
A judge denied amended settlement motions because the submitted facts did not show that the proposed terms were fair, reasonable, appropriate, or protective of the public interest. The judge certified that denial for interlocutory review. The Commission accepted the certification and agreed to…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0428): Failure-to-abate order disclosure certified
This reallocated docket included a haul-truck citation under 30 C.F.R. § 77.1606(c) for ten safety defects. The inspector granted additional time for repairs, but the record then showed that a section 104(b) failure-to-abate order had been issued. The Secretary sought settlement approval at the…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0301): Failure-to-abate disclosure question certified
The Secretary sought approval of a settlement covering numerous mobile-equipment citations but refused the Judge’s repeated requests for seven associated section 104(b) failure-to-abate orders. Counsel for Appalachian Resource West Virginia confirmed the orders and supplied information that the…
Secretary of Labor obo Moses Ortiz v. Mario Sinacola & Sons Excavating, Inc., et al.
Secretary of Labor obo Moses Ortiz v. Mario Sinacola & Sons Excavating, Inc. (FMSHRC CENT 2022-0028): Discrimination complaint dismissed
The Secretary alleged that Mario Sinacola & Sons Excavating discharged Moses Ortiz for safety complaints and for asserting a right to contact MSHA. The evidence centered on an April 2021 call after Ortiz objected to his supervisor’s conduct, declined a transfer, demanded that the supervisor be…
Secretary of Labor vs. Genesis Alkali, LLC
Secretary of Labor vs. Genesis Alkali, LLC (FMSHRC WEST 2022-0189): Amended settlement denial accepted for review
A judge denied amended settlement filings in three Genesis Alkali proceedings. She found inadequate support for deleting a significant and substantial designation in one case and for preserving seven citations while vacating eighteen others in the related cases. The Commission treated earlier…
UHS of Denver, Inc., d/b/a Highlands Behavioral Health System
Workplace-violence case remanded for economic-feasibility findings
OSHA cited the operator of a psychiatric hospital under the general duty clause for failing to protect employees from patient violence. The administrative law judge affirmed the citation and an $11,934 penalty after treating the economic feasibility of OSHA's proposed safeguards as established…
Secretary of Labor v. Bluestone Oil Corporation
Secretary of Labor v. Bluestone Oil Corporation (FMSHRC WEVA 2022-0176): S&S removal authority accepted for review
A judge denied a proposed settlement because the Secretary did not provide factual support for removing the significant and substantial designations from two citations. The judge certified the denial for interlocutory review. The Commission granted review to decide whether the Secretary has…
Secretary of Labor v. Greenbrier Minerals, LLC
Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2022-0403): S&S removal authority accepted for review
A judge denied a proposed settlement because the Secretary did not provide enough information to support removing a significant and substantial designation. The judge certified the denial for interlocutory review. The Commission granted review to decide whether the Secretary has unreviewable…
Secretary of Labor v. Perry County Resources, LLC
Secretary of Labor v. Perry County Resources, LLC (FMSHRC KENT 2022-0024): Settlement-document dispute accepted for review
A judge denied a proposed settlement after the Secretary refused to provide a related section 104(b) order. The judge also declined to certify the settlement denial for immediate review, so the Secretary petitioned the Commission directly. The Commission granted interlocutory review to decide…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0118): Slurry citation reduced to non-S&S
CONSOL's Bailey Mine preparation plant had wet coal slurry and fine magnetite covering a walkway near a step, with a leaking pipe overhead and a missing light. CONSOL conceded that the accumulation violated the travelway standard. Judge Sullivan found that the material could obscure the step, but…
Rene Silverio Gonzalez/RG Roofing
Late contest dismissed and relief from final order denied
OSHA issued RG Roofing three serious citations involving head protection, residential fall protection, and ladder use, with a proposed penalty of $8,097. The company received the citation but did not submit a written notice of contest within 15 working days, so the citation became a final…
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.