Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Geuder, Paeschke & Frey Company
Settlement approved after union received a hearing
OSHA cited metal-products fabricator Geuder, Paeschke & Frey for one serious general duty clause violation and 44 nonserious violations. The Secretary and employer proposed a settlement that deleted several nonserious items, extended two abatement periods, reduced three proposed penalties, and…
Marion Stephens, d/b/a Chapman & Stephens Company
General duty violation affirmed for work near a power line
Chapman & Stephens grew citrus and used 20-foot steel sprinkler pipes in a grove crossed by a low 7,200-volt power line. While three workers removed a bent pipe near the line, the pipe contacted it, killing one employee, rendering another unconscious, and knocking the supervisor to the ground. The…
Syracuse Rigging Co., Inc.
Hoist citation vacated because a new charge was not tried by consent
Syracuse Rigging used power drills to operate manual chain hoists while lowering a 68,800-pound tank, which fell and fatally injured an employee. OSHA cited the general duty clause and later added an alternative charge that the hoists did not let operators stand clear of the load. The judge…
Armco Steel Corporation
Housekeeping violations affirmed for wet and oily work areas
OSHA cited seven areas at Armco Steel's workplace for accumulations of oil, water, or grease, and the judge affirmed five of those subitems. Employees had reason to walk in or near the accumulations. Armco argued that the conditions were inherent or temporary, that they were corrected within a…
Seaward Construction Co., Inc.
Excavation item vacated because moving-ground danger was not proved
Seaward Construction had two employees working in a sewer excavation that contained compacted backfill, some tidal water, limited shoring, concrete-topped banks, and nearby road traffic. OSHA argued that the lack of specified slopes or shoring, together with the site conditions, established a…
Pittsburgh-Des Moines Steel Co.
Crane guarding item vacated for pre-1971 equipment
Pittsburgh-Des Moines Steel operated two overhead cranes built in 1910 and 1935 with unguarded rotating couplings and gears. Maintenance employees sometimes worked near those moving parts, and the judge found that guards were feasible and inexpensive. The Commission classified the cited guarding…
Matter of Heidari
Investor reconsideration motion denied under amended regulation
A respondent sought reconsideration of a prior decision that denied reopening of his deportation proceedings so he could apply for adjustment of status as an investor. The Board had previously found that his evidence did not establish a prima facie case under the former investor exemption from…
Stepan Chemical Company
Inadequate training for pressure-vessel work violated the general duty clause
Stepan Chemical assigned newly hired employees to release internal pressure from a vessel containing phthalic anhydride. OSHA alleged that the employees were not adequately trained and supervised in the pressure-vessel and hazardous-material risks of petrochemical work. The Commission explained…
Roanoke Iron & Bridge Works, Inc.
Column-sliding violation affirmed, other fall-protection charges rejected
Roanoke Iron & Bridge Works was erecting a five-story office building when employees regularly slid down vertical steel columns instead of using an available ladder for the final 50 feet to the ground. The Commission rejected the judge's greater-hazard defense because the record did not show that…
Butler Lime and Cement Company
Case remanded again for findings on crane safety training
A Butler Lime and Cement driver parked a crane-equipped delivery truck beneath a 4,800-volt power line, and he was later found deceased beside the truck after the boom contacted or closely approached the wires. OSHA cited the rule requiring at least 10 feet of clearance from power lines. After a…
Zidell Explorations, Inc.
Shipbreaking passageway citation vacated for insufficient proof
Zidell Explorations was dismantling the USS Bunker Hill when two employees worked on a deck area about six to seven feet wide with a fire hose and water hose running along it. OSHA argued that the hoses created a tripping hazard and showed that adequate aisles and passageways were not maintained…
Consumers Power Company
Electrical citation vacated because tree trimming was maintenance work
Consumers Power assigned tree trimmers in an insulated bucket truck to prune branches near a deenergized 41.6-kilovolt line. OSHA alleged that the company failed to tag, test, and ground the line and allowed an employee to work within the clearance required when a line must be treated as energized…
Vappi & Company, Inc.
Repeated classifications stand after an evenly divided Commission
Vappi & Company was a building contractor cited for three violations classified as repeated. Before the inspection, Vappi had received one final citation under each of the same standards at other worksites, based on substantially similar facts. The three Commissioners disagreed about whether one…
L. C. Anderson & Sons, Inc.
Serious fall-protection violation affirmed under the proper standard
Two L. C. Anderson employees tightened bolts while sitting on a horizontal I-beam about 20 feet above the ground without safety belts, lifelines, or similar protection. The Commission upheld the personal protective equipment violation because fall protection was feasible, the employer knew belts…
Aluminum Coil Anodizing Corp.
Multi-item citation upheld in part after inspection challenge failed
OSHA inspected Aluminum Coil Anodizing's Illinois plant after receiving a complaint from someone who was not an employee or employee representative. The Commission held that the complaint's source and purpose did not invalidate the inspection because OSHA also had broad general authority to inspect…
S. Puma Co., Inc.
Flat-roof perimeter guarding citation vacated
The judge affirmed a citation alleging that S. Puma failed to install perimeter guarding on a flat roof. The Commission applied its prior holding in Central City Roofing that the cited open-sided floor standard did not apply to flat roofs. It therefore vacated the citation and associated penalty.
Zwicker Electric Co., Inc.
Guardrail case remanded for employee-access and multiemployer defenses
Two Zwicker Electric employees spent two to three minutes on the fifth floor of a building under construction to determine whether it was ready and safe for later electrical work. Part of the floor perimeter was unguarded, but testimony conflicted over whether the employees were 3 feet or 25 feet…
Matter of Buenaventura
California legitimation supported children's visa petitions
A United States citizen sought immigrant visas for two children born in the Philippines. The children lived with his mother there, received his financial support, and were visited by him and his wife. The Board held that California law applied because he lived in California when these arrangements…
Matter of Espinosa
Mexican divorce supported subsequent Texas marriage
A United States citizen petitioned for immediate relative status for his wife and stepson. The wife had obtained a mutual consent divorce in Coahuila, Mexico, even though she and her first husband had a son, and the petitioner later adopted that son. The Board held that the adoption would have…
King Arthur Inc.
Commission lets stand the vacatur of an unauthorized failure-to-abate notice
This case is about the order of operations OSHA must follow before it can penalize an employer for failing to fix a hazard. King Arthur Inc. had contested an earlier citation involving a power press (in a related docket, 76-1895) by writing to the area director within fifteen working days. Instead…
Riverview Steel Erectors, Inc.
Steel-erection perimeter citation affirmed under a substituted standard
A Riverview Steel Erectors employee swept snow about one foot from the unguarded edge of a temporary metal-decked third floor, 22 feet above the ground. The judge found that the general open-sided floor rule did not apply because the work was still part of steel erection. He amended the charge to…
W. G. Cornell Co. of Washington, Inc.
Scaffold guardrail and access violations affirmed under substituted standards
W. G. Cornell employees used a roughly 40-foot tubular scaffold erected by the general contractor. Three upper platforms lacked guardrails, and employees climbed the scaffold's cross-braces because no adequate access ladder was provided. The judge held that the concrete-construction standard…
Alliance Enclosures, Inc.
Machine-guarding decision affirmed without substantive Commission review
OSHA cited Alliance Enclosures for missing guards on a radial arm saw, a power brake, a power shear, and four power presses. The judge found that the saw had an adjustable travel stop and vacated that part of the first citation, but affirmed the missing blade guard and the point-of-operation…
Busy Beaver Building Centers, Inc.
Floor-load citations vacated for freestanding storage platforms
OSHA cited Busy Beaver for a repeated failure to post approved floor-load limits on a storage platform and later proposed an additional $1,000 penalty for failing to correct a similar condition on another platform. The judge found that both platforms were freestanding storage structures inside…
Martin E. Keller Roofing Co., Inc.
Flat-roof fall-protection citation vacated
Three Martin E. Keller Roofing employees worked near the edge of a flat roof about 17 feet above the ground, beside a parapet measured at 14 to 18 inches. The judge found that perimeter guardrails would obstruct the roofing and flashing work at the edge. He also accepted unrebutted testimony that…
Max J. Kuney, Inc.
Backhoe hazard citation affirmed with reduced penalty
A Max J. Kuney laborer and backhoe operator were using both a shovel and the backhoe bucket to locate a water line in a shallow trench. The judge found that the moving bucket came within 1 to 2 feet of the laborer, exposing him for about 15 minutes to a recognized struck-by hazard that could cause…
Derr Construction Company
Safety-belt citation affirmed, five other steel-erection items vacated
Derr Construction was erecting a high-rise steel frame when an ironworker worked on the top edge of a girder on the 13th floor without using an available safety belt. The Commission affirmed the judge's serious personal protective equipment finding and $300 penalty. Chairman Barnako and…
Aero Engineering Co.
Respirator procedure citation affirmed with a $60 penalty
OSHA cited Aero Engineering for failing to prepare written procedures for the safe use of gas-mask and cartridge respirators during hydrochloric acid emergencies and normal operations. The company initially appeared to settle, later indicated that it wished to contest the case, and then did not…
George Hyman Construction Company
Six repeated classifications stand after a divided Commission
George Hyman admitted six construction violations involving material storage, electrical grounding, temporary-light guards, ladder clearance, floor-edge guarding, and crane operation. Each standard had been cited previously at another nearby Hyman worksite, and those earlier citations had become…
William Phillips Company
Commission declines to disturb an ALJ fall-protection ruling
William Phillips Company is a small seasonal contractor doing tuckpointing, caulking, and building waterproofing. During a December 1975 inspection at a Cleveland shopping center, an OSHA compliance officer found one of the company's employees kneeling on a parapet about 30 feet above a concrete…
Command Trucking & Warehouse Corp.
Failure-to-abate penalties reduced from $1,960 to $300
A reinspection found that Command Trucking had not timely corrected four previously final conditions involving a locked exit, a floor hole, an ungrounded portable battery charger, and an inadequately guarded compressor drive. The judge rejected the company's claim that Customs Service rules…
Beth Israel Medical Center Hospital
Garbage odor and vermin citations vacated for lack of proof
OSHA cited Beth Israel Medical Center after a complaint that odors, insects, rodents, and vermin from a temporary garbage shed affected employees in nearby offices. During the inspection, the compliance officer detected only a slight deodorizer-like odor near a window and did not consider it…
Siegel-Scola-Trento Dyers, Inc.
Interlocked guards required for revolving feather-drying drums
Siegel-Scola-Trento used four slowly rotating mesh drums to dry feathers. The drums lacked enclosures interlocked with the drive mechanism, and an employee stopped them by using a stick to force an overhead belt off its pulley while the equipment was moving. The company speculated that compliant…
The Lane Construction Corporation
Safety-belt violation affirmed, net and guardrail items vacated
Two Lane Construction employees stood and leaned over a bridge parapet more than 25 feet above a lower deck while attaching scaffold members to a mobile stripping wagon without personal fall protection. The judge affirmed the personal protective equipment violation because safety belts were…
Munro Waterproofings, Inc.
Serious floor-opening violation affirmed at a high-rise worksite
Munro Waterproofings employees worked on the 40th floor of a high-rise where a 12-to-15-inch-wide opening surrounded a climbing tower. The judge found that employees could use a stairway that required them to step across the unguarded opening. Although the general contractor was contractually…
James Mellon, d/b/a Huntington Metal Window Service
Floor-opening and hard-hat violations affirmed
Huntington Metal Window Service employees installing windows used a second-floor stairway beside a large opening with incomplete guarding and a 12-foot drop. The judge found that the subcontractor could have covered enough of the opening to protect its workers without creating the union conflict it…
The Bucket Elevator Company
Flammable-liquid and welding penalties reduced to $200 total
The Bucket Elevator Company accepted serious citations involving flammable-liquid transfer near ignition sources and inadequate screening of a welding area, but contested the two proposed $600 penalties. The fire hazard involved vapors that could ignite near welding, while unshielded arc rays could…
H. W. Ivey Construction Co., Inc.
Scaffold and tower violations affirmed, other fall items vacated
H. W. Ivey was constructing a four-level parking garage with scaffolds at three corners and an approximately 40-foot elevator and stair tower. The judge affirmed serious violations for missing or improperly installed scaffold cross-bracing, missing scaffold guardrails and toeboards, and an…
United States Steel Corporation
Crane resistor citation narrowed to normal production and light-changing operations
U.S. Steel operated overhead cranes with uncovered resistor banks on bridge walkways used by maintenance employees. The Commission held that troubleshooting a crane while it was out of production and controlled by the maintenance worker was not a normal operating condition, so the cited rule did…
Fisk-Oesco Joint Venture
Three electrical and ladder items vacated, one plug-cover item affirmed without penalty
Fisk-Oesco Joint Venture was an electrical contractor installing circuits during construction of a hospital. OSHA cited a cracked welder receptacle with an exposed prong, a welder cable resting on a catwalk, a pipe-bender plug missing its wire-termination cover, and ladder rails that did not extend…
Bernard S. Costello, Inc.
Longshoring citations affirmed after the employer withdrew its contest
Bernard S. Costello, Inc. operated as a contract stevedore and terminal operator. OSHA cited the company after employees worked near unguarded open weather-deck hatches and handled cargo without protective hats. The judge found that the open hatches exposed two employees to a possible 17-foot fall…
Cedar Construction Company
Two willful trench violations merged into one with a $4,750 penalty
Cedar Construction Company excavated trenches and installed utility sewer pipe for the City of Lincoln, Nebraska. Two employees were working in a 14-to-15-foot-deep trench when part of a wall collapsed, fatally injuring one employee. The Commission found that the trench had water and unstable soil…
Suburban Concrete Corporation
Floor-hole and open-side items affirmed, concrete-work charge vacated
Suburban Concrete Corporation had an employee correcting work on the second floor of a construction site after the area had been turned over to the general contractor. OSHA cited an uncovered floor hole and loose cables along open sides of the floor, both within several feet of the employee's work…
Craig D. Lawrenz & Associates, Inc.
Three trenching violations and $330 penalty affirmed
Craig D. Lawrenz & Associates installed water and sewer systems and was inspected at two trenching locations along a Wisconsin highway. The judge found that excavated material was not set back or retained from a water-pipe trench, the sides of that trench were inadequately supported or sloped in…
Interstruct Corporation, a Division of International Basic Economy Corporation
Crane-record failure to abate affirmed, saw-guard charge dismissed
Interstruct Corporation manufactured prestressed and post-stressed concrete products in Puerto Rico. OSHA alleged that the company had not abated earlier violations involving a hand-fed ripsaw guard, truck-crane inspection records, and overhead-crane inspections. The judge dismissed the saw-guard…
Baroid Division of NL Industries, Inc.
Diesel-tank citation vacated for lack of proof and control
Baroid supplied drilling fluid and technical assistance at an oil-well site operated by another company. OSHA cited Baroid because a 10,000-gallon portable diesel tank near the drilling platform was not surrounded by grading, curbing, or diking. The judge found that OSHA had not reliably proved the…
Zwicker Electric Company
Building-opening and stairway charges vacated for lack of employee access
Zwicker Electric Company was an electrical subcontractor working in two 20-story buildings at a Brooklyn construction project. OSHA cited unguarded lobby door and window openings beside deep exterior ditches and two stairways without railings. The Commission found that OSHA's inspector gave…
Matter of Carrasco
Moving to Mexico abandoned lawful domicile for section 212(c) relief
A Mexican lawful permanent resident moved to Mexico in 1970 and commuted to work in the United States. The Board held that this showed an intent to make Mexico his home indefinitely and abandoned his United States domicile. Because he therefore lacked the seven consecutive years of lawful…
MacMillan Industries, Inc.
Thermatron machine-guarding citation affirmed with a reduced penalty
MacMillan Industries fabricated canvas and plastic products and used a two-operator Thermatron machine to seal plastic with heat and pressure. OSHA measured a three-quarter-inch opening between the machine's descending bar and bottom plate, twice the three-eighth-inch opening indicated on the…
Therrel-Kizer, Inc.
Flat-roof perimeter-guarding citation vacated
Therrel-Kizer was cited for failing to install perimeter guarding on a flat roof. The administrative law judge affirmed the citation under the open-sided-floor standard. The Commission applied its intervening decision holding that the cited standard did not apply to flat roofs. It therefore vacated…
Northern States Power Company
Coal-conveyor electrical violations fell outside the utility exemption
Northern States Power operated a coal-fired electric generating plant in South Dakota. OSHA cited a pump motor and terminal box used to spray antifreeze on a coal conveyor because the equipment was not dust-ignition-proof for the combustible-dust location. The company admitted the conditions…
The Proko Company of Texas, Inc.
Annual asbestos examinations required at any airborne exposure level
The Proko Company manufactured paint and drywall products using bagged asbestos in its mixing process. Its monitoring showed airborne concentrations well below the permissible exposure limit, and the judge concluded that annual medical examinations were unnecessary at those levels. The Commission…
Gristede Brothers, Inc.
Retail meatcutter protective-equipment citations vacated
Gristede Brothers operated retail grocery stores with meat departments in New York. OSHA alleged that meatcutters needed metal-mesh gloves for their holding hands and, at one store, protective aprons while cutting and boning meat. The judge distinguished the stores' mostly boxed-meat retail…
Oil Sales & Processing Corporation
Defective access-ladder items affirmed, lifesaving-equipment items vacated
Oil Sales & Processing performed ship repair and tank cleaning at piers in Bayonne, New Jersey. Employees used a repaired wooden ladder as the only access to a vessel even though it had a broken side rail, inadequate extension above the deck, and insufficient securing against displacement. The…
Idaho Travertine Corporation
Most stone-processing citations affirmed with penalties reduced to $125
Idaho Travertine Corporation processed quarried stone at a small plant in Idaho Falls. OSHA issued one serious radial-saw citation and 13 nonserious items covering noise, personal protective equipment, machinery, compressed gas, emergency flushing, exits, and housekeeping. The judge affirmed the…
Ebasco Services, Inc.
General-duty snap-hook charge vacated for lack of a recognized hazard
Ebasco Services was the engineering and general contractor constructing a coal-fired power plant in Iowa. A boilermaker fell about 60 feet and died while using a safety belt and lanyard with a single-locking snap hook. OSHA alleged under the general duty clause that the spring latch could allow the…
Matter of Danquah
Labor certification no longer supported adjustment after employment ended
A husband and wife from Ghana appealed after an immigration judge denied their applications to adjust status. The wife's labor certification covered work as an African Specialty Cook, but she stopped working after emergency surgery and did not return because the restaurant was operating part time…
Matter of Cho
Valid Korean adoption supported the child's visa petition
A lawful permanent resident sought preference classification for his adopted child, who had lived with him and his wife in Korea for four years before they moved to the United States. The adoption was registered in Korea in 1973, after the parents had emigrated. The District Director denied the…
Amerace Corporation
Chromic-acid examination case remanded for the employer's evidence
Amerace manufactured chrome-plated plastic parts using an automated process with chromic-acid washes. About 20 employees worked near the plating area, detectable chromic-acid mist was present, and the company had not provided physical examinations to detect early ulceration. The judge dismissed the…
Hillsdale Lumber & Manufacturing, Inc.
Planer tag citation vacated because the alleged offense was failure to lock out
Hillsdale operated a sawmill where an employee was replacing planer cutter heads and cover plates. The planer switch was off and could be locked out, but it was not locked and carried no "Do Not Start" tag. The judge found that the actual concern was failure to lock out the controls, while the…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- 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 public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.