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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Fineberg Packing Company, Inc.
OSHA sanitation item reinstated despite USDA rules
Fineberg Packing, a meat processor, received a nine-item nonserious citation covering electrical, exit, fire-protection, housekeeping, sanitation, and ladder conditions. The judge vacated the sanitation item because Department of Agriculture rules under the Wholesome Meat Act also regulated plant…
The Murphy Company
Three failure-to-abate items upheld, two vacated
The Murphy Company operated an Oregon wood-veneer plant and did not contest an original citation containing 18 nonserious violations. A later reinspection led OSHA to allege failure to abate five items and failure to post the original citation. The Commission affirmed failure to abate the…
Yorba Linda Electric, Inc.
Electrical-proximity citation vacated for lack of proof
Yorba Linda Electric was extending a 480-volt electrical system at a Mobil Oil field when an employee working on a pole was found hanging limp from his safety belt and died. OSHA cited the company for allowing work close enough to an energized circuit for contact without effective protection. The…
Painting Unlimited, Inc.
Unsafe access upheld, ladder side-rail item vacated
Painting Unlimited was spray-painting bridge girders from a scaffold more than 40 feet above the ground. Employees had to hoist themselves about four feet from the scaffold to the girder because no suitable ladder, stairway, ramp, or runway provided safe access. The Commission affirmed that access…
Owens-Illinois, Inc., Lily Tulip Division
Noise-abatement settlement approved conditionally
Owens-Illinois contested only the abatement period for a noise-control item under 29 C.F.R. § 1910.95(b)(1). The company and the Secretary stipulated to extend the abatement date from May 22, 1974, to May 22, 1976, and the company moved to withdraw its contest. The Commission treated the…
The Budd Co.
Foot-protection and fuel-cylinder citations affirmed
The Budd Company operated two manufacturing plants where some employees lacked required toe protection and workers used acetylene cylinders with their valve ends raised only 30 to 45 degrees above horizontal. The Commission allowed Budd to withdraw its contests to the foot-protection items and held…
DIC-Underhill, A Joint Venture
Open-floor citation affirmed and storage item vacated
DIC-Underhill was constructing high-rise housing where employees worked on open-sided upper floors without perimeter railings or personal fall protection. The judge found a serious violation because five employees were exposed on three floors and a fall could have grave consequences. He assessed…
Southern Indiana Gas & Electric Co.
Noise citation affirmed without a penalty
Southern Indiana Gas & Electric operated a generating station where boiler-room sound readings reached 97 to 103 dBA. The utility had supplied ear protection and was pursuing an engineering solution, but the judge found that it did not consistently require employees to use the protection. The…
CAM Industries, Inc.
Confined-space welding ventilation item reinstated
CAM Industries fabricated steel products and received a multi-item citation covering electrical, welding, housekeeping, eye protection, crane, platform, and recordkeeping conditions. During OSHA's inspection, an employee was welding inside a roughly 100-cubic-foot tank while an available exhaust…
Modern Automotive Service, Inc.
Foot-protection item affirmed and first-aid item vacated
Modern Automotive serviced and repaired trucks, and its employees manually handled tools, parts, and materials weighing as much as 60 pounds. The company had experienced toe injuries over five years, and its safety director acknowledged that foot protection would have prevented some of them. The…
Beall Construction Co.
Construction penalties reduced to $620
Beall Construction was the general contractor on a 12-story building project and faced serious, other-than-serious, and failure-to-abate allegations with proposed penalties totaling $35,442. The Commission adopted the judge's mixed disposition of the citations, including a serious violation for a…
Daniel Rubin Painting Corp.
Notice of contest dismissed after unanswered complaint
Daniel Rubin Painting did not file an answer after receiving the Secretary's complaint and a warning that its notice of contest could be dismissed. The judge dismissed the contest under the Commission's procedural rules. Although the Secretary's dismissal motion lacked the required formal proof of…
Eckerd's Tri-Roads, Inc.
Four-item citation vacated with prejudice
Eckerd's Tri-Roads, a retail drug store, received a four-item citation covering the OSHA poster, annual injury and illness summary, fire-extinguisher mounting, and housekeeping. The judge affirmed all four items, assessed $50 for the poster item, and vacated a proposed $100 penalty for the…
Florida East Coast Properties, Inc.
Settlement cuts one penalty but retains serious classification
Florida East Coast Properties received two serious construction citations and several other-than-serious items, but contested only the proposed penalties. In a settlement, the Secretary agreed that the evidence could not sustain the serious classification for an open-sided-floor item and proposed…
Sunpruf Aluminum Products, Inc.
Eight safety items affirmed without penalties
Sunpruf manufactured aluminum storm windows and doors at a Nashville plant with about 30 employees. OSHA cited conditions involving electrical boxes, compressed air, respiratory and welding protection, personal protective equipment, first aid, housekeeping, and aisle marking. The Secretary withdrew…
Lundell Manufacturing Co., Inc.
Gasoline vent classified as serious with a $25 penalty
Lundell Manufacturing had an underground gasoline tank whose vent ended 6 feet 7 inches above the ground instead of the required 12 feet. The vent was outside, about 75 feet from the building, protected by a guard and fence, and away from regular employee work, and the company had it extended…
Dore Wrecking Co.
Eye-protection item vacated and two penalties reduced
Dore Wrecking was demolishing a building with its own employees and specialized subcontractors. The Commission vacated an eye-protection item because the unprotected drill operator worked for a subcontractor, Dore did not control him, and no Dore employee was shown to be exposed to the condition…
Chicago Bridge & Iron Co.
Fire-equipment citation vacated for issuance delay
A Chicago Bridge & Iron employee was welding on top of a chemical tank at least 80 feet above ground when his clothing caught fire and he was fatally injured. OSHA inspected six days later and cited the company for failing to have suitable fire-extinguishing equipment immediately available…
Crone Lumber Co.
Citation affirmed after employer accepted late-answer ruling
Crone Lumber filed its answer to the Secretary's complaint late. The judge found no mitigating circumstances, struck the answer, and affirmed the complaint, citation, and proposed penalties. After review was directed, the company's counsel advised that it had sent the $50 penalty payment and would…
Richmond Block, Inc.
Mixer lockout citation vacated after employee disregarded procedure
Richmond Block manufactured concrete products and used electrically powered mixers that employees entered for cleaning. The company had installed a padlock-based energy-isolation system, trained employees to use it, and instructed them to keep the key while inside a mixer. One employee entered…
Industrial Steel Erectors, Inc.
Tie-off citation vacated because compliance increased danger
Industrial Steel Erectors was dismantling a steel structure while two experienced employees removed the last bolts and pins holding a truss 30 to 35 feet above ground. The workers normally used a protected cage and lanyards, but refused to tie off for the final release because the truss could…
Lance Roofing Co., Inc.
Roof-edge guarding citation reinstated
Lance Roofing employees were installing a roof on a three-story motel without guardrails or an equivalent means of preventing falls from the edge. The judge vacated that item because he concluded that the open-sided-floor standard did not apply to flat roofs. Applying its decisions in related…
Moser Heating & Roofing Co., Inc.
Official release ends before the disposition
The Commission reviewed a judge's decision vacating an other-than-serious citation under the open-sided-floor standard. The judge had concluded that 29 C.F.R. § 1926.500(d)(1) did not apply to flat roofs. The Commission stated that it had reviewed the entire record and was adopting the judge's…
ARO, Inc.
Two confined-space hazards affirmed with $1,500 in penalties
ARO employees entered a pit furnace without testing its atmosphere or disconnecting argon piping, and two employees were overcome and died in the oxygen-deficient space. Other employees immediately attempted rescue, but suitable rescue equipment was not readily available and additional workers were…
Santa Fe Trail Transport Co.
Decision amended to state that no penalty was assessed
This short amendment corrects the Commission's decision issued two days earlier. That decision had incorrectly stated that the judge assessed a $50 penalty for violations involving the first-aid standard. The amendment states that the judge assessed no penalty and orders the earlier decision…
Intercounty Construction Corp.
Willful trench violation affirmed and penalty cut to $5,000
Intercounty Construction was installing a sewer line in a trench about 40 feet long and 10 feet deep. The trench was not properly sloped or shored, and the company intermittently removed its portable steel trench shield even after the foreman was told that employees were unprotected without it. The…
Luther Marvin Robbins d/b/a Robbins Painting Service
$900 aluminum-ladder penalty affirmed
Robbins Painting employees used and moved a 28-foot aluminum extension ladder near an energized 7,620-volt power line while painting an apartment building. The ladder contacted the line, and an employee received a fatal electrical shock. The foreman knew how close the power line was to the building…
Caribtow Corp.
Contest dismissed for refusing employee-participation notice
Caribtow expressly refused to post the Commission notice informing affected employees that they could participate in the case. The judge held that this refusal breached a condition of the company's continued participation and granted the Secretary's motion to dismiss the notice of contest. The…
V. O. Hegsted d/b/a Challenger Supply
Pallet-plant citation resolved with $106 in penalties
Challenger Supply produced wooden pallets at a small Idaho plant and received a 12-item other-than-serious citation. The judge affirmed violations involving washing facilities, housekeeping, an unguarded elevated storage area, forklift controls, missing eye protection, electrical grounding and…
Emory H. Mixon
Logging-truck violation classified as serious with a $100 penalty
Emory Mixon's logging operation used truck stake-release mechanisms that placed the operator on the side where the logs were unloaded. Drivers attached a 30-foot chain to each release, moved to the front or rear of the truck, and pulled it to lower the stake and release the load. The judge found a…
Cable Car Advertisers, Inc.
Ship-repair and posting citations partly affirmed
Cable Car Advertisers was converting the burned-out ferryboat San Leandro into a floating office while it was moored in San Francisco Bay. The Commission held that work on the floating, towable structure was covered by the maritime standards and that maintaining a workplace on navigable waters…
Mississippi Valley Erection Co. of Tennessee
Lifeline item reinstated but final order is missing
Mississippi Valley Erection received multiple citations involving float scaffolds, fall protection, temporary flooring, ladders, ropes, planking, air hoses, welding, and safety nets during structural steel work. The Commission held that an air-hose item had become a final order because the company…
Bi-Co Pavers, Inc.
Trench citation vacated because required slope was provided
Bi-Co Pavers dug a clay-soil trench for a municipal sewer line and sloped its sides at a two-to-one ratio without installing shoring. A portion collapsed after employees undermined a side to tighten pipe bolts, injuring two employees. The Secretary argued that a note in the trenching tables…
McCrory Sumwalt Construction Co.
Transformer-proximity citation affirmed with a $300 penalty
McCrory Sumwalt built a temporary enclosure around three energized 7,200-volt transformers at a shopping-center project. To reinforce the enclosure for a scaffold, the superintendent directed an employee to measure inside it near a transformer but did not specify how to make the measurement. The…
ADM Grain Co., Inc.
Maritime citations reinstated after postal-delay remand
ADM Grain received 12 other-than-serious maritime and workplace citations involving flotation devices, rescue and first-aid equipment, grain-spout certification, barge access, ladders, wire-rope clips, machinery guarding, accident reporting, and waste containers. The first judge vacated the entire…
F.F. Green Construction Co., Inc.
Safety citations affirmed and reporting penalty removed
F.F. Green was laying a water line in Anchorage when a backhoe contacted or came too close to a 115,000-volt transmission line and an employee guiding pipe was electrocuted. The judge affirmed three serious violations involving power-line clearance, spoil piled at the excavation edge, and…
Southern Soya Corp.
Cottonseed cave-in violation affirmed with a $750 penalty
Southern Soya operated a cottonseed mill with a large storage tank and a steel tunnel that protected employees while seed was removed. Packed cottonseed could form vertical and undercut walls that might collapse if employees left the tunnel before the seed reached a safe level. A foreman…
Remodeling By Oltmann's, Inc.
Amended citation affirmed after contest withdrawal
The Secretary amended Remodeling By Oltmann's citation by deleting several items and reducing the proposed penalties. The parties jointly stipulated to those changes, represented that the remaining conditions had been or would be abated, and requested withdrawal of the employer's contest. The…
Armor Elevator Co., Inc.
Floor-opening violation affirmed and ladder item vacated
Armor Elevator was installing elevators in a New York building where elevator-shaft openings were not protected by compliant railings or secured covers. The judge affirmed a serious floor-opening violation and assessed $500, while vacating a separate item alleging that a wooden ladder was used at…
Blaisdell Manufacturing, Inc.
Settlement disclaimer required revision
Blaisdell Manufacturing entered a settlement covering two serious citations under the Occupational Safety and Health Act. The Commission affirmed the vacation of citation 2 because the Secretary said he could not produce enough evidence to prove it. It set aside approval of citation 1 because the…
Dixie Electric, Inc.
Unguarded-floor penalty increased
Dixie Electric employees performed electrical work close to the unguarded edge of a third floor, 35 feet above the ground, and used stairs without railings. The judge affirmed non-serious violations for the open-sided floor and stairways, assessed penalties of $35 and $25, and vacated an item…
Swan Lake Moulding Co.
Seven violations and $265 penalty affirmed
Swan Lake Moulding operated a cabinet shop and retail building-materials yard where OSHA cited electrical, machine-guarding, housekeeping, and floor hazards. The company contested the penalties for seven items but did not dispute the cited conditions. The judge affirmed those seven violations and…
Harvey Wrecking Co.
Demolition-sequence item vacated
Harvey Wrecking was demolishing a 14-story Chicago building where an employee worked beside an unguarded wall opening and equipment operated near floor openings without curbs or stoplogs. The Commission affirmed those two conditions as serious violations of specific standards under section 5(a)(2)…
Healy-Kruse Company
Serious and non-serious citations withdrawn
OSHA issued Healy-Kruse two citations containing two serious items and five non-serious items, with proposed penalties totaling $1,010. After the company contested them, the Secretary moved to withdraw both citations because he lacked the evidence needed to prove the alleged violations. The…
State Sheet Metal & Roofing Co.
Flat-roof citation vacated with prejudice
State Sheet Metal employees installed flashing and guttering at the unguarded edge of a flat roof nearly 25 feet above the ground. The judge vacated the serious citation because he concluded that section 1926.500(d)(1) did not apply to flat roofs. The Commission stated that the standard does apply…
Glen Construction Company, Inc.
Flat-roof guardrail citation affirmed
Glen Construction contested a non-serious citation alleging that an open-sided roof lacked guarding required by section 1926.500(d)(1). The judge granted summary judgment to the company because he concluded that the standard did not apply to flat roofs. The Commission rejected that interpretation…
Mushroom Transportation Company, Inc.
Truck-chocking item preempted by federal motor-carrier rules
Mushroom Transportation was cited for using allegedly inadequate wooden blocks instead of wheel chocks while powered industrial trucks boarded highway trucks at its terminal. The company argued that Department of Transportation motor-carrier rules already regulated the same working condition. The…
Molinos de Puerto Rico, Inc.
Contested citations vacated with prejudice
The judge vacated Molinos de Puerto Rico's amended citations because OSHA issued them 131 days after its inspection and did not explain the delay. On review, the Secretary filed a notice attempting to withdraw every contested citation and penalty but did not state the factual reason for doing so…
BN Transport, Inc.
Contested citation item affirmed after withdrawal
BN Transport received a four-item non-serious citation and contested only item 3 and its proposed penalty. The company later sought to withdraw that notice of contest, stated that the cited conditions had been corrected, and tendered the proposed penalty. The Commission confirmed that a later…
Kehm Construction Company, Inc.
Scaffold-access items affirmed and ladder-defect item vacated
Kehm Construction was cited at two Nebraska job sites for failing to provide safe ladder access to scaffolds and for using an aluminum ladder with a crimped rung and bent side rail. The Commission affirmed the two scaffold-access violations because employees had to climb the scaffold structure to…
Ark Wrecking Co., Inc.
Recordkeeping violation affirmed without penalty
An Ark Wrecking employee was killed when the loader he was operating fell through the second floor of a building being demolished. OSHA alleged that the company failed to conduct the required engineering survey and used equipment on a floor too weak to support it. The Commission agreed with the…
Longview Brass & Aluminum Company
Case reinstated after answer located
A Commission judge dismissed Longview Brass & Aluminum's notice of contest because the company appeared not to have answered the Secretary's complaint. The Commission's file showed that it had received an undated letter intended to serve as the company's answer in both docketed cases. That answer…
Maher Distribution Center
Unguarded-forklift violation affirmed
A Maher Distribution employee operated a forklift without an overhead guard while moving motorcycle crates in a warehouse. His supervisor knew the guard was absent and permitted him to use the truck for transport, although the supervisor instructed him not to stack with it. The employee later…
Brown & Kerr, Inc.
Flat-roof citation vacated with prejudice
Brown & Kerr employees were installing guttering at the outside edge of a flat roof when OSHA issued a serious citation under the open-sided-floor guarding standard. The judge vacated the citation because he concluded that the standard did not apply to flat roofs. The Commission stated that the…
Heyse Sheet Metal & Roofing Co., Inc.
Roof guardrail and access violations affirmed
Heyse Sheet Metal employees installed a virtually flat roof about 30 feet above the ground without perimeter railings and used a material-hoist frame instead of a ladder for access. The judge affirmed the ladder-access violation with a $500 penalty but vacated the roof-edge item. The Commission…
S. D. Mullins Company, Inc. and Diamond Roofing Company, Inc.
Flat-roof guardrail violations affirmed
Employees of S. D. Mullins and Diamond Roofing worked on an unguarded flat roof about 25 feet above the ground. The judge vacated both roof-edge citations because he concluded that the open-sided-floor standard did not cover roofs. The Commission reversed, holding that a flat roof on which…
Hersman Construction Co.
Three guarding violations affirmed and failure-to-abate penalties rejected
Hersman Construction received citations covering fall protection, floor and stair guarding, debris disposal, citation posting, and housekeeping at a building project. The judge found that OSHA proved only two open-sided-floor guarding violations and one inadequately covered floor opening. He…
Rogge Lumber Sales, Inc.
Posting and failure-to-abate penalties affirmed
Rogge Lumber failed to post an earlier uncontested citation and did not timely correct three items involving drinking water, toilet facilities, and a walkway near a gang trimmer. The judge rejected OSHA's mechanically calculated proposals because they imposed fixed minimums without proper…
Gerry Division of Outdoor Sports Industries, Inc.
Machine-guarding items affirmed and rivet-machine item vacated
Gerry manufactured outdoor equipment and apparel using industrial sewing machines, a rivet machine, and an abrasive grinder. The company admitted four items involving compressed-air cleaning, stair railings, fan guarding, and a separate rivet-machine guarding condition, with a single $30 penalty…
Milprint, Inc.
Fixed-stair item vacated for lack of proof
OSHA issued Milprint 13 non-serious citation items covering conditions at its Milwaukee plant. The judge affirmed nine items and vacated four, assessing penalties totaling $280. On review, the Commission reversed the fixed-stair item because OSHA did not prove that employees regularly used the…
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.