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.

60,101 decisions and counting · Latest decision October 28, 2026
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COMM

Matter of San Martin

Board restored release on a $15,000 immigration bond

A Colombian citizen appealed an immigration judge's order holding him without bond while deportation proceedings were pending. The district director had set a $15,000 immigration bond, but the judge denied release altogether. The Board considered his prior deportation, criminal conviction, failure…

December 26, 1974 ·BIA
Vacated
COMM

Safeway Stores, Inc.

Wheel-blocking violations affirmed before reconsideration

Safeway routinely loaded and unloaded semitrailers at three distribution facilities without wheel chocks or blocks. The Commission affirmed three violations of the truck-operations standard and penalties totaling $110. It vacated the parallel allegations under a second powered-industrial-truck…

December 26, 1974 ·OSHRC
Mixed result
COMM

Chicago Bridge & Iron Co.

Electrical and passageway items affirmed

Chicago Bridge & Iron was one of many contractors building nuclear-reactor containment vessels. OSHA cited improper attachment plugs, unguarded temporary bulbs, temporary lights suspended by unsuitable cords, 110-volt portable lighting in moist metal vessels, and hoses and cables obstructing…

December 26, 1974 ·OSHRC
Citations affirmed
COMM

Charles A. Davison & Margaret S. Davison, dba Davison Wood Products

Machine-guarding items affirmed without penalties

OSHA cited a small woodworking business for unguarded sanding machines, a jointer, saw belts and pulleys, and a rip saw, along with alleged electrical, spray-booth ventilation, and first-aid violations. The judge affirmed the four machine-guarding items without penalties. He vacated the electrical…

December 26, 1974 ·OSHRC
Mixed result
COMM

Shaffer Construction & Engineering Co.

Fatal trenching violations affirmed

Eight employees worked in an approximately eight-foot-deep trench cut into soft, wet, unstable soil near highway and railroad traffic. The walls were almost vertical, had no shoring or bracing, and one wall collapsed and killed an employee. The Commission affirmed a serious violation of the…

December 24, 1974 ·OSHRC
Mixed result
COMM

Anheuser-Busch, Inc.

Forklift overhead-guard citation vacated

Anheuser-Busch operated 17 forklifts without overhead guards in brewery aisles bordered by stacked cans, bottles, kegs, and pallets. The judge found that the employer restricted those forklifts to operations without a foreseeable falling-object danger and that its stacking and handling practices…

December 24, 1974 ·OSHRC
Citations vacated
COMM

J.M. Roofing Co.

Fatal crane power-line violation affirmed

A crane lowering roofing equipment contacted an energized 4,800-volt power line and electrocuted an employee. The foreman knew the crane was operating in the narrow area between the building and the line but took no effective action to maintain the required ten-foot clearance. Commissioners Cleary…

December 24, 1974 ·OSHRC
Citations affirmed
COMM

West Allis Lime and Cement Company

Reverse-alarm citation vacated

A ready-mix concrete truck backed approximately 650 feet through a construction site without a reverse alarm or observer. The judge held that the truck driver's work was construction activity covered by the cited standard, but vacated because OSHA did not prove that the truck's rear view was…

December 23, 1974 ·OSHRC
Citations vacated
COMM

Frozen Fruit Concentrates, Inc.

Forklift overhead-guard violation affirmed

A forklift operator removed a damaged overhead guard and used the truck for about six hours to stack cartons of frozen juice as high as 11 feet 3 inches. His supervisor saw the unguarded truck in operation. The Commission affirmed a serious violation because cartons stacked above the operator could…

December 19, 1974 ·OSHRC
Citations affirmed
COMM

Spring Air Mattress Co. of Colorado

Cotton-dust citation vacated for inconclusive sampling

Spring Air Mattress processed cotton linters into batting in a garnetting room where visible dust settled on employees and machinery. OSHA sampled two employees for about three and a half hours and calculated total dust concentrations of 3.15 and 2.90 milligrams per cubic meter, above the…

December 19, 1974 ·OSHRC
Citations vacated
COMM

Matter of Zoellner

Deportation order and destination affirmed

A German citizen appealed an immigration judge's deportation order based on convictions for crimes involving moral turpitude. The Board found that certified conviction records established deportability and that the judge had told him he could seek adjustment of status with a waiver, although he…

December 16, 1974 ·BIA
Affirmed
COMM

Matter of Swissair "Flight 164," et al.

Reconsideration of carrier fines denied

Swissair sought reconsideration of five fines imposed after passengers arrived during the suspension of transit without visa rules. It argued that the suspension lacked required rulemaking procedures and that the government had not given separate notice that fines would resume. The Board found that…

December 13, 1974 ·BIA
Procedural
COMM

D. Fortunato, Inc.

Failure-to-abate notice vacated as premature

D. Fortunato did not contest a serious citation alleging missing scaffold guardrails and paid its $550 penalty. The citation was received on January 15 and required immediate abatement. OSHA reinspected the next day, found the condition uncorrected, and issued a failure-to-abate notice with an…

December 6, 1974 ·OSHRC
Citations vacated
COMM

Matter of Yang

Stock purchase did not qualify for investor exemption

A Chinese national working as an electronics technician bought $10,000 of common stock in his employer and sought an exemption from the labor certification requirement as an investor. The Regional Commissioner held that the stock purchase exposed him to personal investment risk but did not give him…

December 4, 1974 ·BIA
Affirmed
COMM

Atlantic Dry Dock Corporation and Atlantic Marine, Inc.

Late contest dismissed

Atlantic Dry Dock and Atlantic Marine settled an earlier citation case that required abatement of specified conditions. OSHA later issued a failure-to-abate notification with $7,982 in additional penalties. The companies did not file their notice of contest within the statutory 15-working-day…

December 4, 1974 ·OSHRC
Procedural
COMM

Penn Central Transportation Company

Untimely railroad citations remained final

OSHA cited Penn Central for unsafe track conditions and multiple shop, office, electrical, housekeeping, and recordkeeping conditions at a Virginia rail yard. Penn Central did not timely contest the original citations, so the Commission held that they became final by operation of law and the…

November 29, 1974 ·OSHRC
Modified
COMM

Limbach Company, Inc.

Scaffold-base violation affirmed without penalty

Two employees worked from a tubular welded scaffold positioned over a seventh-floor shaft. The scaffold had originally been mobile, but its rear casters were removed and the rear legs were placed directly on a secured plank instead of adjustable or plain bases. The judge held that removing the…

November 29, 1974 ·OSHRC
Modified
COMM

Clarkson Construction Company

Subcontractor dump-truck violation affirmed

A subcontractor's dump truck backed along a highway-construction work area without a reverse alarm or an observer and fatally injured a Clarkson flagman. Clarkson directed where the subcontractor's trucks loaded and unloaded, controlled their operation within the project, and used them in its work…

November 29, 1974 ·OSHRC
Citations affirmed
COMM

Larry D. Mack, General Contractor

Three construction items affirmed without penalties

OSHA cited six conditions at a small construction project. The judge affirmed a technical open-wiring violation because a partially covered energized panel remained accessible, a stair-railing violation because carpenters were using the stairs, and a fire-extinguisher violation because travel…

November 27, 1974 ·OSHRC
Mixed result
COMM

Matter of Bronsztejn

Attempted marijuana possession supported deportation

A permanent resident appealed an immigration judge's deportation order after pleading guilty in New York to attempted marijuana possession. He argued that the evidence behind the criminal charge was insufficient and that an attempt conviction did not fall within the immigration statute's drug…

November 26, 1974 ·BIA
Affirmed
COMM

Southern Railway Company

Nine repair-shop items affirmed

OSHA cited ten conditions at Southern Railway's Spartanburg maintenance and repair facility, including spray-area lighting, welding-fume exposure, sanitation, fixed ladders, scaffolds, and welding-screen protection. The Commission rejected the railroad's claim that Department of Transportation…

November 26, 1974 ·OSHRC
Mixed result
COMM

Union Pacific Railroad Company

Five repair-shop items affirmed

OSHA cited eight conditions in Union Pacific's Cheyenne machine and wheel shops. The Commission affirmed five items involving missing crane load markings, uncaged access ladders, absent crane inspections, uninspected fire extinguishers, and missing extinguisher maintenance tags, with $295 in…

November 26, 1974 ·OSHRC
Mixed result
COMM

Illinois Terminal Railroad Company

Floor-opening item affirmed, recordkeeping item vacated

Illinois Terminal left a 10-to-12-foot-deep diesel-shop floor opening guarded only by a thin cloth rope, with reinforcing rods extending upward from the pit. The railroad admitted the condition, and the Commission affirmed the floor-opening violation and its $90 penalty because the Department of…

November 26, 1974 ·OSHRC
Mixed result
COMM

Union Pacific Railroad Company

Railroad office fire-safety items affirmed

OSHA cited Union Pacific's Pocatello yard office for using unsuitable fire protection around energized equipment, failing to mark exits and misleading doors, and obscuring a carbon-dioxide extinguisher behind a partition. The railroad did not rebut the conditions but argued that Federal Railroad…

November 26, 1974 ·OSHRC
Citations affirmed
COMM

Tolar Construction Company

Masonry-wall collapse violation affirmed

Tolar constructed a concrete-block wall approximately 20 to 30 feet high without pilasters and with inadequate temporary bracing. A strong wind collapsed the wall while employees were working nearby, and blocks landed as far as 200 to 300 feet from its base. The Commission affirmed a serious…

November 26, 1974 ·OSHRC
Citations affirmed
COMM

Matter of Heung

Step siblings share a parent for visa preference purposes

A U.S. citizen petitioned for sibling visa preference status for his stepsister. His mother had married the beneficiary's father, making the beneficiary her stepchild under the immigration statute. The Board held that the petitioner and beneficiary therefore had a common parent for immigration…

November 25, 1974 ·BIA
Affirmed
COMM

Union Railroad Company

Aerial-lift fall-protection violation affirmed

Eight Union Railroad employees used an aerial lift to spray-paint the underside of a bridge about 30 feet above lower surfaces. None wore a body belt with a lanyard attached to the boom or basket, and one employee fell from the basket and died. The railroad stipulated that the condition was likely…

November 22, 1974 ·OSHRC
Citations affirmed
COMM

A & W Drill Rentals and Leroy Crandall and Associates

Power-line citations vacated

A & W operated a truck-mounted soil-drilling rig near energized overhead lines while working for Leroy Crandall and Associates. The experienced A & W foreman knew the line was present, but raised the boom into it and an A & W employee handling a guy line was electrocuted. The judge found that A & W…

November 22, 1974 ·OSHRC
Citations vacated
COMM

Matter of Scarpulla

Italian theft sentence exceeded petty offense limit

An Italian citizen sought adjustment of status after conceding that he had overstayed his visitor admission. He had been convicted in Italy of stealing olives valued at $35 and had received a sentence of one year and nine months. The Board held that theft was a crime involving moral turpitude and…

November 21, 1974 ·BIA
Affirmed
COMM

National Cleaning Contractors, Inc.

Elevator-shaft hazard violation affirmed

A cleaning employee was instructed to use tools to trip an elevator hoistway door's emergency release. He was not warned that the elevator car might be absent, opened the door, stepped into the shaft, and fell 23 feet, sustaining injuries that required hospitalization. The supervisor had taught the…

November 21, 1974 ·OSHRC
Citations affirmed
COMM

Chicago Bridge and Iron Company

Fall-protection and scaffold items affirmed

Two employees worked 19 and 29 feet above ground on penetration tubes and unsecured planks without tying off, with exposed reinforcing steel below. The Commission affirmed the serious personal-protective-equipment violation and an increased $850 penalty because supervisors could have discovered the…

November 20, 1974 ·OSHRC
Mixed result
COMM

Fulton Instrument Company

Mercury-vapor citation reclassified

Fulton manufactured clinical thermometers and exposed employees to mercury-vapor concentrations above the standard's allowable ceiling. The judge upheld the mercury standard as a valid national consensus standard and found the inspection lawful. He reclassified the citation from serious to…

November 20, 1974 ·OSHRC
Modified
COMM

John W. McGrath Corporation

Omitted hard-hat item remained final

McGrath's notice of contest expressly challenged citation items 2 and 3 but omitted item 1, which alleged that longshore employees lacked required protective hats. At the hearing, McGrath said the omission was a typographical error and sought to defend item 1 while withdrawing its contest to the…

November 20, 1974 ·OSHRC
Procedural
COMM

Johns Manville Sales Corporation

Housekeeping and fire-protection items affirmed

Johns Manville employees worked on a construction floor containing scrap lumber with protruding nails, combustible debris, and inadequate fire-protection coverage. The judge affirmed one housekeeping item for $30 and held that two additional debris and container allegations merged into that same…

November 18, 1974 ·OSHRC
Mixed result
COMM

Southern Pacific Transportation Company

Railroad shop items affirmed, recordkeeping item vacated

Southern Pacific Transportation Company operated a railroad shop facility in Houston, Texas. It admitted that it had not displayed the required OSHA poster, maintained the required injury and illness log, kept a monthly signed inspection report for crane hoist attachments, or marked each…

November 15, 1974 ·OSHRC
Mixed result
COMM

Koppers Co., Inc.

Coke-oven citation dispute remanded for a hearing

OSHA cited Koppers Co., Inc. over employee exposure to coal tar pitch volatiles during coke-oven operations and over respirator protection. The alleged serious violation concerned the absence of feasible engineering or administrative controls and protective measures for a shift foreman and pusher…

November 14, 1974 ·OSHRC
Remanded
COMM

Matter of Perez

Welfare alone did not prove likely public charge status

A Mexican citizen appealed the denial of her application for suspension of deportation. The immigration judge had treated her welfare receipt as proof that she could not obtain a special immigrant visa, which would have allowed consideration of suspension under a statutory proviso. The Board held…

November 12, 1974 ·BIA
Affirmed
COMM

Matter of Singh

Father's later marriage did not establish parent status for a visa petition

A United States citizen asked to classify his father as an immediate relative for an immigrant visa. The petitioner was born outside marriage in Fiji in 1944, and his father married his mother in 1971, when the petitioner was 27. The Board held that the marriage came too late to legitimate him…

November 11, 1974 ·BIA
Affirmed
COMM

Prineville Mouldings, Inc.

Trim-saw citation vacated, floor-opening item affirmed

Prineville Mouldings, Inc. manufactured lineal pine moulding at a plant in Prineville, Oregon. OSHA cited eight unguarded trim saws as hand-fed crosscut table saws, an uncovered floor opening leading to a conveyor, and unguarded power-transmission parts on woodworking machinery. The judge found…

November 11, 1974 ·OSHRC
Mixed result
COMM

Northeast Stevedoring Co., Inc.

Unsecured-pontoon violations affirmed

Northeast Stevedoring Co., Inc. loaded and unloaded cargo aboard the S/S Hermes and S/S Socrates at a Brooklyn pier. OSHA cited the company for serious violations involving hatch pontoons that were not secured against accidental displacement while employees worked cargo nearby. The judge found that…

November 6, 1974 ·OSHRC
Citations affirmed
COMM

Wiley N. Jackson Company and Moore Brothers Company, Inc., a Joint Venture, d/b/a Mojac Company

Flagman-garment violation affirmed

Mojac Company was performing road and bridge construction near Interstate 95 and Glebe Road in Arlington, Virginia. An employee directing traffic around a painters' scaffold was not wearing the required red or orange garment when a backing company truck struck and killed him. The company had…

November 6, 1974 ·OSHRC
Citations affirmed
COMM

American Airlines, Inc.

Late notice of contest dismissed

OSHA cited American Airlines, Inc. after an inspection of its aircraft maintenance and engineering center in Tulsa, Oklahoma. The contested item alleged that employees working on an aircraft's tail and wing did not use safety belts or other required personal protective equipment. American received…

November 5, 1974 ·OSHRC
Procedural
COMM

George V. Hamilton, Inc.

Promptness dismissal reversed for a hearing

OSHA inspected George V. Hamilton, Inc. on December 15, 1972, and issued a serious citation 89 days later. Before holding a hearing, the judge ordered the Secretary to justify the delay under the Act's requirement that citations be issued with reasonable promptness. When the Secretary declined, the…

November 4, 1974 ·OSHRC
Remanded
COMM

Scotty Smith Construction Co., Inc.

Crane violation affirmed and saw allegation vacated

Scotty Smith Construction was the general contractor for additions to a YMCA building in Sheboygan, Wisconsin. A company employee was electrocuted while handling a concrete bucket after the boom of a leased crane contacted energized overhead power lines. The judge found that the company chose the…

November 1, 1974 ·OSHRC
Mixed result
COMM

O'Dell Plumbing, Heating & Cooling, Inc.

Serious trenching violations affirmed

O'Dell Plumbing, Heating & Cooling was installing a storm drain at a hospital construction project in Liberty, Missouri. OSHA cited the company after employees worked in an approximately 14-foot-deep trench whose unstable sides were not adequately supported or sloped and whose spoil piles were…

November 1, 1974 ·OSHRC
Citations affirmed
COMM

Clarence Martin, d/b/a Martin Masonry Company

Penalties reduced for small masonry contractor

Martin Masonry Company was completing a penthouse on the roof of a six-story building in Oakland, California. The company conceded violations involving an employee working near the roof edge without a safety belt, a masonry-saw operator without goggles, makeshift fasteners on a material hoist, and…

November 1, 1974 ·OSHRC
Modified
COMM

Bechtel Corp.

Citations vacated for lack of employee exposure

Bechtel served as engineer and construction manager at the Trojan Nuclear Plant project in Oregon. OSHA cited housekeeping debris, compressed-gas cylinders without valve caps, and an unguarded recess at the construction site. Other contractors created the cited conditions, and the record did not…

October 31, 1974 ·OSHRC
Citations vacated
COMM

Matter of Harris

Marriage no longer viable when residence application decided

An Austrian citizen entered the United States to marry a U.S. citizen and married within the required 90 days. They separated before her application for permanent residence was decided and later divorced. The Board held that a marriage must remain viable when the application is decided for either…

October 30, 1974 ·BIA
Affirmed
COMM

Matter of Piggott

Suspension upheld for family from Antigua

Two natives of Antigua sought suspension of deportation after an immigration judge found them deportable. The Service argued that the adjacent island restriction barred their applications. The Board held that the statutory proviso allowed them to seek suspension because natives of an adjacent…

October 30, 1974 ·BIA
Affirmed
COMM

Matter of Loo

Board directed a new deportability charge

A Chinese citizen who had entered the United States claiming citizenship appealed an immigration judge's termination of his deportation proceedings. He wanted to pursue suspension of deportation as a route toward lawful permanent residence. The Board found that he remained in the country without…

October 25, 1974 ·BIA
Remanded
COMM

Matter of Peerless Insurance Company

Bond obligor had to prove departure

Peerless Insurance Company appealed the district director's declarations that six immigration delivery bonds had been breached. The obligor argued that the government had not proved that the six people failed to leave the United States before their voluntary departure deadline. The Regional…

October 24, 1974 ·BIA
Affirmed
COMM

Matter of Ponco

Forged visa evidence upheld deportability finding

A man born in the Philippines challenged an immigration judge's finding that he was deportable because he had entered with an invalid nonimmigrant visa. The Board rejected his claims to United States citizenship or nationality. It held that substituting a different immigration judge had been…

October 24, 1974 ·BIA
Affirmed
COMM

George A. Hormel and Company

Reconsideration denied despite pending variance request

Hormel asked the Commission to reconsider an earlier decision requiring guardrails on the carcass side of a shaving platform. The company argued that it had applied for a variance and that strict compliance would create a greater hazard. The Commission found that Hormel had not proved alternative…

October 21, 1974 ·OSHRC
Procedural
COMM

Plessey-Burton, Inc.

Housekeeping and emergency-water violations affirmed

Plessey-Burton cleaned, processed, and electroplated electrical components at a Los Angeles facility. The Commission affirmed a housekeeping violation based on acid spills and disorderly chemical-drum storage that created slipping and tripping hazards. It also affirmed a violation for failing to…

October 18, 1974 ·OSHRC
Mixed result
COMM

Bouma Post Yards, Inc.

Split mill-safety ruling affirmed with no penalties

Bouma Post Yards operated a small Montana mill that processed logs into fence posts. OSHA cited a broad group of conditions involving tanks, fuel dispensing, defective equipment, industrial trucks, machinery, welding cables, electrical grounding, wire rope, vehicle alarms, and fire extinguishers…

October 18, 1974 ·OSHRC
Mixed result
COMM

Matter of Tajer

Georgia pardon could defeat deportation charge

An Iranian student faced deportation after a Georgia theft conviction. She later received an unconditional pardon from the Georgia State Board of Pardons and Paroles and appealed the immigration judge's refusal to reopen her case. The Board held that Georgia's constitution had given the Board of…

October 17, 1974 ·BIA
Remanded
COMM

Colorado Fuel & Iron Steel Corp.

Serious hot-roll-line guarding violation affirmed

Colorado Fuel & Iron operated a steel mill in Pueblo, Colorado. Employees worked beside a roll table carrying steel bars heated above 2,500 degrees Fahrenheit at speeds of 15 to 20 miles per hour. The citation alleged that a recorder lacked protection from bars leaving the table and that a crop…

October 17, 1974 ·OSHRC
Citations affirmed
COMM

Tech-Steel, Inc.

$30 penalty assessed for obstructed aisles

Tech-Steel fabricated structural steel at a Utah facility. The company admitted that scrap metal, extension cords, welding leads, and hoses obstructed work areas, aisles, and passageways used with overhead cranes. The judge affirmed the violations but vacated the proposed $30 penalty. The…

October 17, 1974 ·OSHRC
Modified
COMM

Matter of Sacco

Board dismissed an appeal during a pending deportation hearing

During a deportation hearing, the respondent asked the immigration judge to stay proceedings while he pursued naturalization and to issue a subpoena for his military service records. He appealed the judge's denials before the judge entered a final deportation order. The Board held that its…

October 11, 1974 ·BIA
Procedural
COMM

Murro Chemical Co., Inc.

Conveyor hazard affirmed under general duty clause

Murro Chemical manufactured soap and fatty acids at a Virginia facility. OSHA initially cited an unguarded feed-conveyor worm gear under a machine-guarding standard, then amended the charge at the hearing to the general duty clause because the cited standard did not fit the condition. The judge…

October 11, 1974 ·OSHRC
Mixed result

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.