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 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): Injury reporting affirmed and discrimination complaint dismissed

Jason Hargis injured his back while handling crusher liner plates at Vulcan's Wilson County Quarry and was placed on restricted duty. Judge Young held that the injury was reportable because Hargis could not perform all his duties and management knew of that limitation, and he assessed a $300…

December 1, 2022 ·Michael G. Young
Mixed result
COMM

Secretary of Labor v. Peabody Midwest Mining, LLC

Secretary of Labor v. Peabody Midwest Mining, LLC (FMSHRC LAKE 2017-0450): Commission review direction vacated

The Commission had granted the Secretary's petition to review the administrative law judge's decision in September 2020. It later vacated that direction for review. As a result, the judge's decision became final without a Commission merits ruling.

November 28, 2022
Procedural
ALJ

Haskell Addington v. XMV, Inc. and Debra Vaughan

Haskell Addington v. XMV, Inc. and Debra Vaughan (FMSHRC WEVA 2022-0114-D): Part 90 discrimination complaint dismissed on undisputed timeline

XMV miner Haskell Addington had complicated pneumoconiosis and later applied for Part 90 status. He alleged that XMV and human resources manager Debra Vaughan discriminated, retaliated, and interfered by cutting his pay and hours, assigning dusty work, withholding information about Part 90…

November 8, 2022 ·Alan G. Paez
Procedural
ALJ

Secretary of Labor v. Rulon Harper Construction, Inc.

Secretary of Labor v. Rulon Harper Construction, Inc. (FMSHRC WEST 2022-0250): Berm and parking-brake settlement reductions rejected

Rulon Harper Construction operated a sand-and-gravel pit near Salt Lake City where MSHA issued eight citations, including four for missing or deficient berms and one for a parking brake that would not hold a truck on a grade. The parties proposed reducing the combined penalties from $22,134 to…

November 2, 2022 ·Margaret A. Miller
Procedural
ALJ

Secretary of Labor v. Rulon Harper Construction, Inc.

Secretary of Labor v. Rulon Harper Construction, Inc. (FMSHRC WEST 2022-0249): Proposed 83 percent penalty reduction rejected for thin factual support

Rulon Harper Construction operated a sand-and-gravel pit near Salt Lake City where MSHA cited an unchocked truck on a grade and an inadequate workplace examination that missed 20 violative conditions. The parties proposed reducing the combined penalties from $22,944 to $3,936, removing both…

November 2, 2022 ·Margaret A. Miller
Procedural
ALJ

A-1 Sewer and Water Contractors, Inc.

Trench citation vacated for unreliable depth proof

A-1 Sewer and Water Contractors was installing a water line in a trench at a residential worksite in Illinois. OSHA alleged that an employee worked in a trench approximately 5.6 feet deep without a cave-in protective system and proposed a $1,985 penalty. The judge found that OSHA did not reliably…

November 2, 2022 ·Patrick B. Augustine
Citations vacated
ALJ

Revolution Erecting, LLC

Precast-concrete collapse violations affirmed

Revolution Erecting installed precast hollow-core slabs at a residential construction project in Naples, Florida. After the company directed that sixty cement bags be placed on the slabs, part of the structure collapsed and seriously injured two Revolution employees. The judge found that Revolution…

October 26, 2022 ·Dennis L. Phillips
Citations affirmed
ALJ

Amazing Vitamins, LLC

Reconsideration denied and late contests dismissed

OSHA issued Amazing Vitamins numerous citations arising from inspections of its nutritional-supplement manufacturing facility, including later failure-to-abate and repeat items. The company filed notices of contest long after the 15-working-day deadlines and argued that settlement discussions, mail…

October 20, 2022 ·Dennis L. Phillips
Procedural
ALJ

Nemeckay's Roofing and Home Improvement Company

Four roofing citations vacated for lack of employee proof

OSHA cited a sole-proprietor roofing business for alleged head, eye, fall, and ladder protection violations observed at a two-story house. The judge rejected the proprietor's claim that OSHA's observations and brief entry onto the property violated the Fourth Amendment. OSHA still had to prove that…

October 20, 2022 ·William S. Coleman
Citations vacated
ALJ

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises (FMSHRC KENT 2022-0118): Temporary economic reinstatement ended with Secretary's case

The Secretary obtained temporary reinstatement for miner George Rice while MSHA investigated his discrimination claim against Nally & Hamilton Enterprises. The parties then agreed to temporary economic reinstatement and provided that the operator could seek dissolution if the Secretary declined to…

October 19, 2022 ·Thomas P. McCarthy
Procedural
ALJ

Secretary of Labor v. Genesis Alkali, LLC

Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2022-0267): Thirteen-cent-on-the-dollar settlement rejected

Genesis Alkali operated a large Wyoming trona mine where two dockets covered 25 citations involving unsecured raised loads, missing berms, obstructed passageways, and other alleged hazards. The parties proposed reducing the combined penalties from $120,909 to $15,424, vacating several citations…

October 18, 2022 ·Margaret A. Miller
Procedural
ALJ

Secretary of Labor v. Genesis Alkali, LLC

Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2022-0189): Hydrogen-sulfide ventilation settlement rejected

Genesis Alkali operated a Wyoming trona mine where nine citations carried proposed penalties totaling $34,483. The parties sought to reduce that total to $9,494, including cutting a ventilation citation from $12,007 to $729 and removing its significant-and-substantial designation. The citation…

October 18, 2022 ·Margaret A. Miller
Procedural
ALJ

Southern Hydro Vac, LLC

Tailgate crushing-hazard citation vacated

A Southern Hydro Vac employee died after being caught between a hydro-vacuum truck's closing tailgate and tank body during dumping and washout work. OSHA cited the company under the general duty clause and proposed a $13,494 penalty. The judge found that the tailgate presented a serious crushing…

October 13, 2022 ·Heather A. Joys
Citations vacated
ALJ

J.D. Abrams, L.P.

Trench and ladder violations affirmed

J.D. Abrams was installing a waterline at a highway construction project in Austin, Texas. OSHA found an employee working in an unprotected trench measured at more than five feet deep and using a ladder that extended only two feet eight inches above the landing surface. The judge found that the…

October 3, 2022 ·Christopher D. Helms
Citations affirmed
COMM

Huen Electric, Inc.

Commission dismisses case after full settlement

The case arose after a powered stacker truck and a 1,370-pound electrical splice box fell into a below-floor vault at a Chicago museum, seriously injuring an employee. OSHA cited Huen Electric for powered-industrial-truck training and for allegedly using lifting straps as an unapproved modification…

October 3, 2022
Settled
ALJ

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises (FMSHRC KENT 2022-0118): Temporary economic reinstatement agreement approved

The Secretary obtained an amended order temporarily reinstating miner George Rice while MSHA considered his discrimination claim against Nally & Hamilton Enterprises. The parties then asked to substitute a temporary economic-reinstatement agreement that was retroactive to September 22, 2022. The…

September 28, 2022 ·Thomas P. McCarthy
Settled
ALJ

the Broken iPhone, LLC

COVID-19 general duty clause violation affirmed

The Broken iPhone operated a two-person cell-phone repair store in Mobile, Alabama, where employees worked near a steady flow of customers. OSHA observed unmasked employees and customers at close distances, and the owner required masked customers to remove their face coverings before entering. The…

September 28, 2022 ·Sharon D. Calhoun
Citations affirmed
ALJ

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises (FMSHRC KENT 2022-0118): Truck-safety complaints supported temporary reinstatement

George Rice drove rock trucks at Nally & Hamilton's Meadow Branch Mine and repeatedly reported a broken air conditioner that made one truck dangerously hot. During the shift after an MSHA inspection, he also reported steering and brake problems in another truck and understood his foreman's…

September 26, 2022 ·Thomas P. McCarthy
Procedural
ALJ

Secretary of Labor v. Geneva Rock Products, Inc.

Secretary of Labor v. Geneva Rock Products, Inc. (FMSHRC WEST 2022-0097): Seven-month stay lifted despite possible criminal investigation

MSHA issued four violations after investigating a fatal accident at Geneva Rock's Hansen Pit, and the civil penalty case was stayed while possible individual and criminal investigations remained unresolved. After seven months, the Secretary moved to lift the stay because MSHA would not pursue…

September 21, 2022 ·David P. Simonton
Procedural
ALJ

Lucas Shrewsbury dba Infinite Installation and Repair

Roof fall citations affirmed by default

OSHA cited Infinite Installation and Repair after employees allegedly worked on a 19-foot-high low-slope roof without fall protection and near unprotected skylights. The company contested the citations but repeatedly failed to provide ordered discovery, and the judge first imposed lesser sanctions…

September 12, 2022 ·Dennis L. Phillips
Citations affirmed
ALJ

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises (FMSHRC KENT 2022-0118): Original temporary reinstatement order later amended

George Rice drove rock trucks for Nally & Hamilton Enterprises and repeatedly reported a broken air conditioner that made one truck dangerously hot. During the shift after an MSHA inspection, he also reported steering and brake problems in another truck and understood his foreman's direction to get…

September 9, 2022 ·Thomas P. McCarthy
Procedural
ALJ

Cesar Garcia

Five serious citations affirmed after failure to attend trial

OSHA issued Cesar Garcia five serious citation items after inspecting a worksite in Wichita, Kansas, and proposed penalties totaling $15,214. Because Spanish was Garcia's primary language, the judge ordered subsequent filings translated into Spanish and arranged an interpreter for trial. Garcia did…

September 6, 2022 ·Brian A. Duncan
Procedural
ALJ

Sentinel Systems, LLC

Utility-vehicle training citation vacated

A Sentinel Systems employee died when the utility vehicle he was driving struck an empty flatbed trailer at the American Dream Mall construction project in New Jersey. OSHA cited Sentinel for allegedly failing to instruct operators about driving the vehicle on pavement with tires designed for…

September 6, 2022 ·William S. Coleman
Citations vacated
COMM

Secretary of Labor on behalf of Alvaro Saldivar v. Grimes Rock, Inc.

Secretary of Labor on behalf of Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Stay of reinstatement-payment enforcement denied

Alvaro Saldivar received temporary economic reinstatement while his discrimination case against Grimes Rock proceeded, with outside earnings offset against the operator's payments. After periods when Saldivar was unavailable for work and later had no outside job, a judge ordered Grimes Rock to pay…

August 30, 2022
Procedural
COMM

Secretary of Labor v. Espinoza Stone, Inc.

Secretary of Labor v. Espinoza Stone, Inc. (FMSHRC CENT 2021-0168): Pandemic strain supported reopening late penalty contest

Espinoza Stone did not contest a proposed penalty within 30 days, so the assessment became a final Commission order in July 2020. The operator said the unprecedented strain of the COVID-19 pandemic caused the missed deadline, that it discovered the lapse in June 2021, and that it moved to reopen 20…

August 29, 2022
Remanded
ALJ

UHS of Centennial Peaks LLC, dba Centennial Peaks Hospital

Psychiatric-hospital workplace violence citation affirmed

UHS of Centennial Peaks operated an inpatient psychiatric hospital where direct-care employees faced threats and assaults by patients. The judge found that the hospital recognized workplace violence as an endemic hazard but relied too heavily on clinical patient care rather than a comprehensive…

August 29, 2022 ·Patrick B. Augustine
Citations affirmed
COMM

Secretary of Labor v. Green Brothers Gravel Company, Inc.

Secretary of Labor v. Green Brothers Gravel Company, Inc. (FMSHRC SE 2021-0194): Mistyped email justified reopening default

Green Brothers Gravel did not answer the Secretary's penalty petition, and an order to show cause became a default order after 30 days. The operator said pandemic-era service occurred by email and a typographical error in counsel's email address prevented delivery of both the petition and later…

August 26, 2022
Remanded
COMM

Secretary of Labor v. Washington County Aggregates, Inc.

Secretary of Labor v. Washington County Aggregates, Inc. (FMSHRC CENT 2022-0012): Conference request and COVID illness excused late contest

Washington County Aggregates did not contest a proposed penalty within 30 days, so the assessment became a final Commission order in September 2021. The operator said it mistakenly believed that requesting a safety and health conference with the MSHA district office began the citation-contest…

August 26, 2022
Remanded
COMM

Petroplex Pipe and Construction, Inc.

Commission dismisses lockout case after settlement

The case arose after a fire during maintenance on oil-field equipment in Stanton, Texas, killed two Petroplex employees. OSHA pursued five lockout/tagout items involving equipment-specific procedures, inspections, training, employee lock control, and coordination with the host employer. The…

August 26, 2022
Settled
COMM

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2022-0083): Good-cause inquiry ordered for late contests

Consol missed the 30-day deadline to contest a section 107(a) order because it was trying to resolve the matter through meetings with MSHA officials. It also sought to reopen three related citations, but one had not yet been assessed, another had already been timely contested, and only Citation No…

August 25, 2022
Remanded
COMM

Secretary of Labor v. Nyrstar Tennessee Mines Gordonsville, LLC

Secretary of Labor v. Nyrstar Tennessee Mines Gordonsville, LLC (FMSHRC SE 2022-0118): Paid assessment reopened after mistaken abatement belief

Nyrstar paid $12,297 for 24 citations without filing a timely penalty contest. A superintendent stated that he had believed the operator and MSHA had reached an agreement on abating each violation, but no agreement was ultimately reached and citation-termination issues remained open. The Secretary…

August 24, 2022
Remanded
COMM

Secretary of Labor v. Peabody Midwest Mining, LLC and Secretary of Labor v. Michael Butler

Secretary of Labor v. Peabody Midwest Mining, LLC and Michael Butler (FMSHRC LAKE 2019-0023): Energized drilling in high methane affirmed

A drill breached old mine workings at Peabody's Francisco Mine, releasing methane that repeatedly exceeded the drill's two-percent shutdown point and registered at least five percent on personal detectors. Mine manager Michael Butler allowed miners to keep an energized drill operating for about…

August 24, 2022
Citations affirmed
COMM

Secretary of Labor v. Liberty Aggregates LLC

Secretary of Labor v. Liberty Aggregates LLC (FMSHRC CENT 2022-0145): Inadvertent late contest reopened after MSHA inquiries

Liberty Aggregates did not contest a four-citation penalty assessment within 30 days, made a partial payment, and later received a delinquency notice. The operator said it had repeatedly contacted MSHA offices during January and February 2022 to understand the basis for the large assessment. It…

August 24, 2022
Remanded
COMM

Secretary of Labor v. Harman Branch Mining Inc.

Secretary of Labor v. Harman Branch Mining Inc. (FMSHRC WEVA 2021-0259): Pandemic mail delay excused missing contest

Harman Branch Mining's representative said he prepared a penalty contest and placed it in the mail one day after the operator received the assessment. MSHA did not process a timely contest, and the assessment became a final Commission order. Harman attributed the failure to pandemic-related changes…

August 22, 2022
Remanded
COMM

Secretary of Labor v. Kanawha Eagle Mining, LLC

Secretary of Labor v. Kanawha Eagle Mining, LLC (FMSHRC WEVA 2020-0476): Wrong contest box checked by mistake

Kanawha Eagle's safety director timely mailed a penalty-contest form but checked the box for a single $123 citation instead of the adjacent box contesting all $17,385 in penalties. The remaining assessments therefore became a final Commission order, and MSHA later issued a delinquency notice. The…

August 22, 2022
Remanded
COMM

Secretary of Labor v. Farwest Portable Crushing, Inc.

Secretary of Labor v. Farwest Portable Crushing, Inc. (FMSHRC WEST 2020-0362): Documented mailing attempts defeated default

Farwest Portable Crushing was defaulted after the record appeared to show that it had not answered the Secretary's penalty petition or responded to an order to show cause. The operator produced certified-mail receipts showing that it mailed an answer in September 2020 and resent its paperwork in…

August 22, 2022
Remanded
COMM

Secretary of Labor v. LaFarge Holcim

Secretary of Labor v. LaFarge Holcim (FMSHRC LAKE 2022-0098): Missing timely contest treated as mistake

LaFarge Holcim paid one citation in a two-citation assessment and said it timely submitted a contest for Citation No. 9622263 at the same time. MSHA did not receive that contest, and the assessment became a final Commission order. The operator discovered the outstanding balance on January 27, 2022…

August 22, 2022
Remanded
COMM

Secretary of Labor v. United Taconite LLC

Secretary of Labor v. United Taconite LLC (FMSHRC LAKE 2022-0059): Deleted calendar deadline excused

United Taconite missed a penalty-contest deadline after receiving two proposed assessments close together. Its paralegal confused the two matters and inadvertently deleted the deadline for this assessment after filing the other contest. The Secretary did not oppose reopening but urged the operator…

August 22, 2022
Remanded
COMM

Secretary of Labor v. ICG Illinois LLC

Secretary of Labor v. ICG Illinois LLC (FMSHRC LAKE 2022-0015): Contests sent with payments to lockbox reopened

ICG Illinois intended to contest citations in two assessments but mistakenly sent the contest notices with its payments for uncontested citations to MSHA's St. Louis lockbox. The notices should have been sent separately to MSHA's Arlington office, so both assessments became final Commission orders…

August 22, 2022
Remanded
COMM

Secretary of Labor v. Bob Bergkamp Construction Company, Inc.

Secretary of Labor v. Bob Bergkamp Construction Company, Inc. (FMSHRC CENT 2022-0184): Contest sent to wrong agency reopened

Bob Bergkamp Construction attempted to contest a proposed penalty before the deadline but sent its notice to the Commission instead of MSHA. The operator supplied a confirmation email showing that it uploaded a document to the Commission's electronic case system on March 29, 2022, eight days after…

August 22, 2022
Remanded
COMM

Secretary of Labor v. Morton Salt, Inc.

Secretary of Labor v. Morton Salt, Inc. (FMSHRC CENT 2022-0135): New specialist's conference mistake excused

Morton Salt's newly assigned health and safety specialist did not file a penalty contest because he was unfamiliar with the process. He believed no contest was required while the citations were being conferenced and one remained under investigation. The assessment therefore became a final…

August 22, 2022
Remanded
ALJ

Riverdale Mills Corporation

Lockout items mostly vacated, health items affirmed

Riverdale Mills manufactures coated wire mesh on a long production line at its Massachusetts facility. After an employee suffered a severe arm injury while adjusting moving mesh, OSHA issued safety and health citations involving lockout/tagout, machine guarding, chemical training, and access to…

August 19, 2022 ·Sharon D. Calhoun
Mixed result
ALJ

Secretary of Labor v. Cactus Canyon Quarries Inc.

Secretary of Labor v. Cactus Canyon Quarries Inc. (FMSHRC CENT 2022-0010-M): Late-petition dismissal denied after extension was met

Cactus Canyon asked to dismiss its penalty case because the Secretary did not file the petition within the usual 45-day period after the operator's contest. Before the petition was filed, the Chief Judge had found good cause and extended the deadline to January 18, 2022; the Commission declined…

August 18, 2022 ·Richard W. Manning
Procedural
ALJ

Secretary of Labor v. Covol Fuels No. 3 LLC

Secretary of Labor v. Covol Fuels No. 3 LLC (FMSHRC KENT 2022-0040): Massive roof-fall penalty reduction rejected

MSHA cited Covol Fuels after a roof collapse in the primary escapeway measured about 20 feet wide, 35 feet long, and 9 feet thick. The citation treated the event as having occurred, with fatal gravity and an S&S designation, and proposed a $3,546 penalty. The parties sought to change likelihood to…

August 17, 2022 ·William B. Moran
Procedural
ALJ

Walker Industrial, LLC

Scissor-lift capacity violation affirmed, struck-by item vacated

A boom lift backed into an elevated scissor lift at a Texas warehouse project, causing the scissor lift to fall with three Walker Industrial employees in its basket. All three employees were seriously injured and one died. The judge vacated a general duty clause item because OSHA did not prove that…

August 15, 2022 ·Brian A. Duncan
Mixed result
COMM

Secretary of Labor v. County Line Stone Co., Inc., et al.

Secretary of Labor v. County Line Stone Co., Inc., et al. (FMSHRC YORK 2022-0003): Settlement vacatur issue accepted for interlocutory review

The Secretary sought approval of settlements involving County Line Stone, Consol Pennsylvania Coal, and Ramaco Resources, with each proposal calling for at least one citation to be vacated. The judge asked the Secretary to confirm that each vacatur was independent of the compromise of other…

August 5, 2022
Procedural
COMM

Secretary of Labor v. Nevada Ready Mix Corp.

Secretary of Labor v. Nevada Ready Mix Corp. (FMSHRC WEST 2020-0401): Pandemic-related filing error supported reopening

Nevada Ready Mix Corp. failed to contest a proposed penalty assessment within the Mine Act's 30-day deadline, causing the assessment to become a final Commission order. The company said it mistakenly marked the contest form, and counsel directed an assistant to correct it. The assistant did not…

August 3, 2022
Remanded
COMM

Secretary of Labor v. New Point Stone Co., Inc.

Secretary of Labor v. New Point Stone Co., Inc. (FMSHRC LAKE 2022-0071): Two misaddressed contests reopened

New Point Stone timely prepared notices contesting portions of two proposed penalty assessments. For each assessment, it mistakenly sent the contest notice with a partial payment to MSHA's payment address instead of mailing the notice to the separate contest address. The Secretary did not oppose…

August 3, 2022
Remanded
COMM

Secretary of Labor v. Harrison Sand & Gravel Co., Inc.

Secretary of Labor v. Harrison Sand & Gravel Co., Inc. (FMSHRC LAKE 2022-0069): Misaddressed penalty contests reopened

Harrison Sand & Gravel received two proposed penalty assessments and timely prepared notices contesting part of each assessment. It mistakenly mailed both contest notices with the partial payments to MSHA's payment address instead of sending the notices to the separate contest address. The…

August 3, 2022
Remanded
COMM

Secretary of Labor v. Callender Construction Company, Inc.

Secretary of Labor v. Callender Construction Company, Inc. (FMSHRC LAKE 2020-0189-M): Paid penalties prompted show-cause order

Callender Construction moved to reopen a final penalty assessment to contest three citations, but the record indicated that the associated penalties had already been paid. The Commission's acknowledgment letter used the wrong assessment-control number, and the Secretary's unopposed response…

August 3, 2022
Procedural
COMM

Secretary of Labor v. Table Rock Asphalt Construction, Inc.

Secretary of Labor v. Table Rock Asphalt Construction, Inc. (FMSHRC CENT 2018-0361): Manager turnover excused missed answer

Table Rock failed to answer the Secretary's penalty petition, causing a show-cause order to become a final default order. The operator said its records and filing responsibilities were disrupted when its safety manager was replaced. Its files contained a copy of an answer, but it could not confirm…

August 3, 2022
Procedural
COMM

Secretary of Labor v. County Line Stone Co., Inc., et al.

Secretary of Labor v. County Line Stone Co., Inc., et al. (FMSHRC YORK 2022-0003): Premature settlement-review petition denied

The Secretary sought interlocutory review in three cases after the judge questioned settlement proposals that included vacating citations. The judge had asked whether each vacatur was independent of the compromise of other citations, and the Secretary instead sought certification of the legal issue…

July 29, 2022
Procedural
COMM

Henkels & McCoy, Inc.

Digger-derrick bolt maintenance citation affirmed

A Henkels & McCoy crew leader died after a digger derrick structurally failed while employees were removing a utility pole. OSHA cited the company under the general duty clause for failing to maintain and torque-test the machine's rotation-bearing bolts as directed by the manufacturer. The…

July 21, 2022
Citations affirmed
ALJ

Darling Ingredients, Inc.

Repeat hydrolizer lockout violations affirmed

Darling Ingredients operated a chicken-rendering facility where a pressurized hydrolizer became clogged. After normal pressure-relief methods failed, maintenance employees loosened bolts on a flange, which blew off and released steam and hot material; two employees died. The judge found that…

June 24, 2022 ·John B. Gatto
Citations affirmed
ALJ

Secretary of Labor v. Perry County Resources

Secretary of Labor v. Perry County Resources (FMSHRC KENT 2022-0024): Secretary ordered to disclose missing abatement order

Perry County Resources and the Secretary proposed resolving four citations with a total penalty reduction from $1,470 to $1,204. The record showed that MSHA had issued a section 104(b) failure-to-abate order connected to an admitted roof-support citation, but the order and related documents were…

June 22, 2022 ·William B. Moran
Procedural
ALJ

Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0265 DM): Safety complaints were not the but-for cause of firing

Alvaro Saldivar alleged that Grimes Rock fired him after he complained about unsafe water-truck tires and inadequate equipment training at its sand and gravel mine. Judge Margaret Miller found that both complaints were protected activity and that Saldivar established an initial discrimination case…

June 17, 2022 ·Margaret A. Miller
Procedural
ALJ

Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Temporary reinstatement payments enforced

Grimes Rock and miner Alvaro Saldivar had agreed to economic reinstatement while his discrimination case was pending, with outside wages offset against what the company owed. Grimes Rock kept paying the reduced amount after Saldivar left the outside job and became unemployed, and it repeatedly…

June 17, 2022 ·Margaret A. Miller
Procedural
ALJ

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., et al. (FMSHRC CENT 2021-0184 DM): Temporary reinstatement agreement enforced

Mario Sinacola & Sons Excavating missed payments required by its temporary economic reinstatement agreement with miner Moses Ortiz. The company asked the judge to dismiss the discrimination case and sanction Ortiz for alleged perjury, relying in part on criminal convictions that Ortiz had not…

June 16, 2022 ·Richard W. Manning
Procedural
ALJ

Perdomo National Wrecking Co., LLC, dba Perdomo of NY, LLC

Three citations affirmed after answer default

OSHA issued Perdomo National Wrecking two serious construction citation items and one repeat item after inspecting a New Jersey worksite. The company filed a notice of contest but did not answer the Secretary's complaint. The judge issued two separate show-cause orders and served them by email…

June 16, 2022 ·Covette Rooney
Procedural
ALJ

JRA Construction Corporation

Five-month-late contest dismissed

OSHA issued JRA Construction one repeat-serious citation after inspecting a worksite in Aurora, Colorado. The company received the citation on June 19, 2021, making its written notice of contest due July 9, but it did not submit a contest until December 12. The late filing gave no reason for the…

June 13, 2022 ·Patrick B. Augustine
Procedural

What these documents are

  • Commission decisions: Rulings by the Occupational Safety and Health Review Commission itself, the highest level of agency review. These are citable as Commission precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by OSHRC Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order under 29 U.S.C. § 661(j): it binds the parties in that case but is not binding precedent in other cases.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official OSHRC public release, and the full text on the page is that release. The plain-English summaries are written by Ezel.