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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K.E.R. Enterprises, Inc., d/b/a Armadillo Underground
Pipe-explosion citation vacated for lack of a recognized hazard
Armadillo Underground installed water-line piping and pressure-tested a completed section while workers tightened bolts to stop a small leak. The pipe exploded, breaking the foreman's legs and causing minor lacerations to three other workers. OSHA alleged that tightening the bolts while the pipe…
Custom Built Marine Construction, Inc.
Eye-protection citation affirmed for jackhammer work
Custom Built Marine was renovating a Florida boat ramp when OSHA saw an employee use a jackhammer without eye protection while a supervisor stood nearby, also without eye protection. Two pairs of protective eyewear were available at the site. The judge vacated the item after concluding that the…
John R. Jurgensen Company
Night paving safety citations vacated
Jurgensen performed nighttime highway paving in Ohio while subcontractor dump trucks backed through a designated work route. A dump truck struck and killed a Jurgensen laborer who had left the crew's immediate work area. OSHA alleged that the contractor lacked an adequate safety program and had not…
NLJ Builders, Inc.
Controlling contractor held responsible for unsafe scaffold
NLJ Builders subcontracted carpentry work at a Florida bank project and supplied the subcontractor with a scaffold owned by NLJ. A subcontractor employee worked about 15 feet above the ground on a platform that was less than half planked, lacked a firm base and guardrails, and had not been erected…
NRG Sound & Communications, LLC.
Worker found to be an employee
NRG Sound & Communications installed speakers on a school football stadium roof using an aerial lift. NRG claimed that the second worker was a silent partner or independent contractor rather than an employee, but both men initially identified him as an employee and described NRG's owner as the…
Altor, Inc., and/or Avcon, Inc.
Eight willful items affirmed with $412,000 penalty
OSHA cited extensive hard-hat, open-edge, and floor-hole hazards during construction of a sixteen-story concrete building. The Commission held that Altor and Avcon operated as a single employer because they shared a worksite, management, ownership, office support, and integrated operations. The…
Avcon, Inc., Vasilios Saites, and Nicholas Saites
Fall-protection violations largely affirmed with $77,350 penalty
OSHA cited numerous hazards during construction of an eighteen-story concrete building. The Commission dismissed Bill and Nick Saites individually because the Secretary added them after the six-month limitations period and did not show that their original omission resulted from a mistake that would…
A. G. Carter Construction Company
Repeated trench warnings supported two willful violations
A. G. Carter Construction installed underground utilities in trenches near Prattville, Alabama. After a fire marshal warned owner Alton Carter about the lack of cave-in protection, a ladder, proper spoil-pile placement, and water controls, similar conditions remained when OSHA inspected one week…
Davis H. Elliot Construction Company, Inc.
Reenergization failures led to $11,300 in penalties
Davis H. Elliot rebuilt an Ohio electric distribution system while existing lines remained in service. After three workers failed to report a changed assignment, the foreman relied on an incomplete all-clear and ordered a line energized while one worker was still on a pole, causing his…
Franciscus Roofing & Siding, Inc.
Roof and ladder violations result in $2,400 penalty
An OSHA inspector observed a Franciscus worker about 20 feet above the ground on a steep residential roof without conventional fall protection. The judge found that the worker was an employee under the OSH Act even though the company called him a subcontractor. Franciscus did not produce the safety…
Joseph Watson, d/b/a Joseph Watson Masonry
Employer receives $11,275 EAJA fee award
Joseph Watson Masonry sought attorney fees under the Equal Access to Justice Act after prevailing on parts of an OSHA case involving scaffold, fall-protection, training, and recordkeeping citations. The Commission had ruled that the Secretary lacked substantial justification only for one ladder…
Joseph Watson, D/B/A Joseph Watson Masonry
Attorney-fee case partly reversed and remanded
Joseph Watson Masonry sought fees and expenses under the Equal Access to Justice Act after several construction citations were vacated, reclassified, or assessed at lower penalties. The Commission held that an employer can be a prevailing party on a discrete issue when it succeeds in reducing a…
Reynolds Inc.
Quick-coupler items split and trench violations affirmed
Reynolds was installing a water main when an excavator bucket detached from a hydraulic quick coupler, rolled into an excavation, and fatally struck an employee. The judge vacated the general-duty and safety-program items because Reynolds lacked notice that the experienced operator would skip…
Downrite Engineering Corporation
Manhole safety violations mostly affirmed
Downrite employees installed a sewer manhole invert while one employee worked at the bottom of a 10-foot manhole and another lowered cement, bricks, water, and tools from above. The judge rejected Downrite's Fourth Amendment challenge because the general contractor and Downrite supervisory…
Stephen K. Korsen, d/b/a MDI Remodeling and Construction
Citations affirmed by default
MDI Remodeling and Construction initially failed to answer the Secretary's complaint and later submitted an answer after receiving additional time. The company then did not respond to a planning-conference notice, its provided telephone numbers were disconnected, and it stopped defending the case…
FABI Construction Company, Inc.
Construction violations affirmed after fatal slab collapse
A FABI employee was killed when a 10,000-pound concrete knockout slab collapsed during demolition at an Atlantic City construction project. After reviewing the full record, the Commission affirmed the judge's findings that FABI committed multiple serious construction violations, including failures…
C.T. Taylor Company Inc., & Esprit Constructors, Inc.
Related companies treated as a single employer
Two ironworkers fell 39 feet to their deaths after a foreman placed a 5,000-pound bundle of decking on unsecured and unbridged bar joists without providing fall protection. The Commission treated C.T. Taylor and Esprit as a single employer for this project because they shared ownership, management…
Double "A" Industries, Inc.
Roofing subcontractor's safety citations affirmed under the multi-employer worksite rule
Double "A" Industries is a small south Florida shell contractor that took a $38,000 contract to build a guardhouse and subcontracted the roofing labor out. An OSHA officer inspecting a nearby site watched roof workers for about 40 minutes without fall protection or hard hats and improperly using…
Ernest Bock & Sons, Inc.
Aerial-lift citations withdrawn and vacated
The case involved subcontractor employees working from aerial lifts without required fall protection at a Pennsylvania construction project. The administrative law judge had treated Bock Construction's site superintendent as Ernest Bock & Sons' agent under the multi-employer worksite doctrine and…
Nu-Waay Enterprises, Inc.
Safety-program, first-aid, and fall-protection citations affirmed after a 24-foot fall
Nu-Waay Enterprises is a small construction company that built an elevated walkway and observation platform at a national wildlife refuge in Mississippi. While a crew was removing the formwork under the finished platform, a stuck I-beam broke loose, catapulting a worker who fell about 24 feet and…
D.T. Construction Company, Inc.
Three willful trench violations affirmed, most other items upheld, $119,750 penalty
D.T. Construction is a Pennsylvania contractor that installs underground water and sewer lines. After OSHA inspected several of its dig sites in 1998, the agency issued three citations covering willful, serious, and other-than-serious violations. The heart of the case was three willful cave-in…
W. G. Fairfield Company
Highway contractor had to address safe roadway crossing in its program and training
W. G. Fairfield Company employees were digging a trench beside a six-lane interstate in Cincinnati to install fiber-optic cable. After the crew struck an abandoned cable, an employee crossed the three northbound lanes on foot to inspect a median junction box and was fatally struck while attempting…
David Weekley Homes
General contractor citation vacated for insufficient proof and lack of knowledge
David Weekley Homes was the general contractor for residential construction at the Horizon Pointe development in Colorado. OSHA cited Weekley for nine conditions grouped into six willful items involving its safety program, hard hats, scaffold support, fall protection, guardrails, training, and…
Lancaster Enterprises, Inc., d/b/a Orbit Roofing Co.
Safety-program item vacated, glass-skylight item affirmed
Lancaster Enterprises, doing business as Orbit Roofing, was installing a rubber roof on a three-story apartment building in Massachusetts when an employee slipped near the roof edge and fell 33 feet to his death. The Commission upheld vacatur of the general safety-program item because the Secretary…
Homes by Bill Simms, Inc.
All seven items vacated because the builder did not control its subcontractors
Homes by Bill Simms was a residential general contractor in Springboro, Ohio, that built custom homes using subcontractors. During an August 1999 inspection of three of its home sites, OSHA saw subcontractor employees committing scaffold and fall protection violations and issued Simms a seven-item…
White Electrical Construction Company
Active-train training and barricade violations affirmed
White electricians worked on an elevated Jacksonville transit line beside an active track carrying quiet, remotely operated trains. The foreman knew the unusual site and train-control procedures but gave only general warnings, provided no communication device to the remote crew, and used no…
New England Synthetic Systems, Inc.
Scaffold and electrical violations affirmed for $30,000
New England Synthetic Systems replaced exterior walls at an apartment complex in Weymouth, Massachusetts. Judge Robert A. Yetman affirmed violations involving unprotected temporary electrical wiring, lifelines tied to vent curbing and exposed to sharp edges, incomplete scaffold planking, unsafe…
Metro Steel Construction Co.
Two fall-protection items vacated for insufficient proof
Metro Steel erected structural steel for a shopping mall in Westbury, New York. OSHA alleged two instances in which employees walked exterior beams about 40 feet above the ground without fall protection. For the first item, the Commission found critical ambiguity because Metro's witnesses testified…
James Eddy, d/b/a Eddy Roofing, Inc.
Roofing safety violations affirmed and penalties reduced for size
OSHA inspected Eddy Roofing after a fatal fall from a roofing worksite about 40 feet above the ground. The company withdrew its contest to violations involving its safety program, fall-hazard training, roof edges, skylights, guardrails, warning lines, access, and hazard communication. Judge…
Yates Grading & Heavy Equipment, Inc.
Trench safety violations yield $4,050
Yates Grading & Heavy Equipment installed sewer pipe in an excavation at a Georgia subdivision. OSHA cited the company for an inadequate safety program, insufficient excavation training, lack of cave-in protection, and a spoil pile placed at the trench edge. The judge found that general reminders…
Meridian Contractors, Inc.
Dismissals reversed and citation cases remanded
OSHA issued Meridian Contractors serious and willful construction citations with proposed penalties after two inspections. The ALJ dismissed both cases under Commission precedent treating the actions as moot because Meridian had stopped employing workers and was preparing to dissolve. After that…
Alan Gregor, d/b/a Gregor Construction Company
Missing-safety-program citation affirmed against a metal-framing subcontractor
OSHA inspected a community-college construction site in Niceville, Florida, after a worker fell 85 feet to his death from a scaffold. That worker did not work for Gregor Construction, the metal-framing subcontractor, but the inspection led OSHA to cite Gregor for three serious violations. After the…
Keith Rasmussen & Sons Construction
Scaffold and fall-protection citations mostly upheld, but penalties cut sharply for a four-worker employer
Keith Rasmussen & Sons Construction, a four-worker builder in Ouray, Colorado, was inspected by OSHA in April 1994 at a jobsite on Main Street. OSHA issued five citation items covering scaffold access, scaffold footing, guardrails, an unguarded second-floor edge, and the lack of a written safety…
E.L. Davis Contracting Co.
Excavation violations affirmed with $70,500 in penalties
E.L. Davis Contracting was repairing a sewer line when part of a 20- to 22-foot excavation containing two employees caved in. The Commission affirmed serious violations involving the company's safety program, excavation and confined-space training, and the absence of inspections by a competent…
Elmont Glass Company, Inc.
Settlement approved, aerial-lift items affirmed at $1,200
Elmont Glass Company, a glazing contractor based on Staten Island, New York, was inspected by OSHA and issued two citations in September 1993. The serious citation alleged failure to conduct regular worksite inspections and two aerial-lift hazards (workers not standing firmly on the basket floor…
E.R. Del Moral, Inc.
Scaffold and fall-hazard violations affirmed
E.R. Del Moral was performing construction work in Arecibo, Puerto Rico. The judge found that employees worked on elevated scaffolds and platforms with missing end guardrails and inadequate intermediate rails, and that safety belts did not substitute for the guardrails required by the cited…
L.G. Defelice, Inc.
Overhead-line violations affirmed as serious
L.G. Defelice was rehabilitating a section of Interstate 70 near Washington, Pennsylvania, where heavy equipment regularly passed beneath overhead electrical lines. Two machines contacted the lines in separate incidents, and the judge found that Defelice had not trained employees on the specific…
Caribco International Corporation
Scaffold and safety-program violations affirmed
Caribco International was working at a fitness-facility construction site at Fort Buchanan in San Juan, Puerto Rico. OSHA cited missing scaffold guardrails, an unguarded open-sided floor, inadequate scaffold bracing, and failures to maintain an accident-prevention program and train employees to…
Triangle Engineering Corp.
Mixed construction ruling carries $1,350 in penalties
Triangle Engineering was the general contractor building a prison in Guaynabo, Puerto Rico. The ALJ affirmed serious violations involving site-specific safety instruction, missing edge guardrails, an accessible crane swing radius, and an unprotected excavation. She also affirmed other-than-serious…
C.R. Huffer Roofing
Aerial-lift basket violation affirmed for $3,000
C.R. Huffer Roofing worked on a fire-station renovation in Upper Arlington, Ohio. The Secretary withdrew the accident-program and repeat-training allegations, and the parties agreed that the aerial-lift control-check item would be other-than-serious. The ALJ vacated a personal fall-protection item…
Kenneth J. Herman, Inc.
Construction safety violations affirmed
Kenneth J. Herman, Inc. was constructing fire escapes at a New York worksite. OSHA cited employees working without required head protection, using a scaffold frame instead of safe access, and working on scaffolds without required guardrails or effective tie-off protection. OSHA also cited the…
Shelly and Sands, Inc.
Site-specific paving safety-program item vacated
Shelly and Sands was repaving a county road near Senecaville, Ohio, when a finish roller went over a berm and landed on its operator, who died from her injuries. OSHA alleged that the company lacked an adequate site-specific accident-prevention program for roller operations. The ALJ found that the…
Vogel Brothers
Four serious construction violations affirmed, two vacated
Vogel Brothers Building Company was the general contractor on a wastewater administration building project in Tampa, Florida. The judge affirmed serious violations involving an unavailable fire extinguisher at a diesel fueling area, unguarded floor edges, an unbarricaded crane swing radius, and…
Fuellgraf Electric Co.
Platform-training item affirmed, debris item vacated
Fuellgraf Electric Company was an electrical contractor at an elementary school construction site in Pennsylvania. OSHA alleged that an employee operating a self-elevating platform lacked proper training and that debris in a cafeteria created a tripping hazard. The judge affirmed the platform item…
Daak Corporation
Default order remanded for good-cause determination
Daak Corporation did not appear for its scheduled hearing, and the ALJ granted the Secretary a default judgment. After hearing the Secretary's evidence, the judge affirmed 14 construction citations and assessed $7,200 in total penalties. Daak's vice president then petitioned for review and made…
Ed Taylor Construction Co.
Confined-space inspection-program violation affirmed
Taylor Construction employees entered a 24-foot-deep access shaft to close a valve for an artificial lake at an Atlanta office project. Three supervisory employees died after being overcome by an oxygen-deficient atmosphere during the initial entry and rescue attempts. Two related citation items…
R & R Builders, Inc.
Safety-belt violation remains willful
R & R Builders was a drywall subcontractor cited for safety-program, training, safety-belt, guardrail, and ground-fault protection violations at a condominium project. The Commission affirmed the safety-program, training, safety-belt, and guardrail items, but reduced three of them from willful to a…
Keefe Earth Boring Company, Inc.
Relief from seven uncontested citation orders denied
Keefe Earth Boring Company failed to file timely notices of contest to seven citation orders issued in 1987 and 1988 involving trenching, training, and hard-hat requirements. After the Secretary began a federal penalty-collection action, the company sought relief under Federal Rule of Civil…
Corbin Lavoy, d/b/a Empire Boring Co.
Serious toluene-exposure and safety-program violations affirmed
Empire Boring employees manually excavated inside a 42-inch steel casing extending beneath railroad tracks in an area contaminated by toluene. The employer had been warned that toluene fumes were present and that workers needed gas masks, but the site had only dust masks and no effective safety…
Texas Eastern Transmission Corporation, Texas Eastern Cryogenics Corporation, and Sinapp Co-Staten Island, Inc.
Owners dismissed, contractor case remanded
Texas Eastern Transmission Corporation and Texas Eastern Cryogenics Corporation operated a liquefied-natural-gas facility on Staten Island, and Sinapp performed repair work there. A February 1973 tank fire killed three employees of the facility companies and 37 Sinapp employees. OSHA cited the…
Granite-Seabro Corporation
General construction citations vacated after power-line incident
Granite-Seabro employees remained aloft on an 85-foot power-line structure while supporting poles were moved into a vertical position. One employee died and another was injured. Because specific power-transmission standards had not yet been adopted, OSHA cited general construction provisions…
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.