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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ASM-Sanders, Inc.
Trench violations affirmed and pipe-testing item vacated
A subcontractor's worker was killed when a PVC pipe exploded during compressed-air leak testing at an Air Force base construction project. The judge vacated the general duty clause item because ASM-Sanders' superintendent had explicitly delayed testing until the next day and did not know the…
JPC Group, Inc.
Excavation violations affirmed after an adjoining building collapsed
JPC Group was hired to perform foundation underpinning beside two buildings at a Philadelphia construction site. Test digs revealed a deteriorated foundation wall, but JPC later excavated along it without shoring or another support system, and the rear of the building collapsed. Workers had…
Fluidics, Inc.
Mixed construction ruling assesses $13,600
Fluidics performed mechanical-system renovations at a Philadelphia public-housing project with unusually difficult site-security conditions. The judge affirmed serious violations involving unsecured and improperly separated compressed-gas cylinders, missing GFCI protection, exposed energized…
Concrete Construction Company
Training affirmed and backfill violation reduced
Concrete Construction Company was cited after OSHA inspected two excavations beside a public road during a water-line project. The Commission rejected the company's inspection objections because the work was visible from a public area, the foreman consented to the inspection, and the company…
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…
Calang Corporation
Willful trench violations affirmed with $8,000 penalty
Calang employees and the company president worked in a roughly nine-foot-deep sewer trench with sandy soil, inadequate sloping, no shoring, and a spoil pile at the trench edge. Before excavation began, the OSHA inspector told the president that the trench needed approximately one-to-one sloping or…
Burlington Northern Railroad Company
Fatal trench case remanded for the railroad agency's views
A trench beside Burlington Northern's tracks collapsed while employees installed a sewer line, killing one employee. The judge affirmed several serious trenching items, but Burlington Northern argued that Federal Railroad Administration regulation displaced OSHA's authority. The Commission found…
Austin Engineering Company, Inc.
Crane and trenching violations affirmed
Austin Engineering installed a water main in a deep trench using a truck crane. The Commission reversed the judge and found a nonserious fire-extinguisher violation because extinguishers on pickup trucks about 100 feet away were not available at the crane cab as the standard required; it assessed…
Atec Contracting Corporation
Excavation items settled as nonserious
Atec was originally cited for three serious excavation and trenching violations with $1,440 proposed. The judge vacated the section 1926.652(b) item, affirmed the other two, and assessed $960. While review of the affirmed items was pending, Atec agreed to withdraw its petition and maintain…
Sam Hall & Sons, Inc.
Equipment lessor responsible for employees in unsafe trench
Sam Hall & Sons supplied boring equipment and two operators for a city pipeline project. The operators worked in a deep, nearly vertical trench with wet soil and spoil piled at its edge. The judge vacated the citations because the city created and supervised the trench. The Commission held that Sam…
Communications, Inc.
Trench violations deemed repeated and willful
Communications, a utility contractor, had two employees working in a trench about 6 feet 2 inches deep with unsupported vertical walls and excavated soil stored within 2 feet of the edge. The Commission affirmed violations of the trench-support standard and the spoil-pile setback standard because…
Gerard Leone & Sons, Inc.
Trench spoil citation affirmed
Gerard Leone & Sons was a general contractor performing trenching work in Massachusetts. OSHA found excavated material piled at the trench edge above employees working below and cited 29 C.F.R. § 1926.651(i)(1), which required the material to be kept at least two feet from the edge. The judge…
Shaw Construction, Inc.
Serious trench-shoring violation affirmed
This decision followed a Fifth Circuit remand requiring two Commission members to agree on the trench-shoring citation rather than leaving the judge's ruling in place through an evenly divided vote. Shaw's trench was about nine feet deep, with six to seven feet cut through limestone and the upper…
Advance Pipeline, Inc.
Trench violations and $1,080 penalties affirmed
Advance Pipeline installed a water main in soft, unstable soil without shoring, sloping, bracing, or other support. Testimony established that an employee worked in a trench section about seven feet deep, and the Commission noted that the standard applied at five feet or more. It also affirmed…
Joe Richter, Contractor, Inc.
Trench citations and $265 penalties affirmed
Three employees worked in an eight-foot-deep trench beside a heavily traveled road, with a vertical unshored wall, water in the trench, and spoil near an edge. They lacked head protection, and the earth ramps serving as exits were wet, unstable, and partly obstructed. The Commission found that pipe…
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…
Navarro Contracting Company
Serious excavation charges vacated, spoil-bank and exit items affirmed
Navarro Contracting was installing a large sewer pipe in a deep excavation and adjoining trench at a Fort Worth shopping-center project. OSHA alleged unstable walls, inadequate precautions near backfill, insufficient trench protection, heavy-equipment loading, a spoil bank too close to the edge…
W. E. Dalton, M. L. Dalton & J. B. Truelove, d/b/a E. L. Dalton & Co.
Trench timbering and warning-vest items affirmed
E. L. Dalton & Co. performed trenching work beside a public street and near railroad tracks in Irving, Texas. The Commission affirmed a serious trench-timbering violation because the company used three-quarter-inch plywood where the applicable table required larger timber, and it sustained a $100…
Stimson Contracting Co.
Three trench items affirmed and duplicate item vacated
Stimson Contracting employees installed sewer pipe in a trench that was 17 feet deep and four feet wide at the bottom. The company placed excavated material too close to the edge, did not provide an adequate exit, and left a crawler crane above and near the trench without additional shoring or…
Quillian Pipe Company, Inc.
Trench violation reduced from willful to serious
Quillian Pipe employees worked in an inadequately protected trench that was more than five feet deep while installing underground pipeline in Macon, Georgia. OSHA had recently explained trenching requirements to the company's president after an earlier inspection, then cited the later condition as…
Patterson & Wilder Construction Co., Inc.
One repeat trench spoil violation affirmed and trench-support citation vacated
Patterson & Wilder Construction was installing sewer drain pipe at two worksites in Washington, Georgia. OSHA cited the company for storing excavated soil too close to trench edges and for failing to shore or adequately slope a trench in hard or compact soil. The judge affirmed the spoil-pile…
West Coast Construction Co., Inc.
Inadequate excavation sloping upheld
West Coast Construction was installing a storm sewer and had three employees working in a sandy ground opening that was 7.5 feet deep. OSHA cited the company because the opening lacked shoring and its walls were not sloped enough to protect employees from moving ground. The Commission held that the…
Miller Construction Company
Two trench items vacated for insufficient proof
Miller Construction was installing an underground water line when OSHA cited it for a hard-hat violation, material stored too close to a trench edge, and inadequate protection against a trench collapse. The company admitted the hard-hat item, which carried a $25 penalty. The judge found that…
D. Federico Co., Inc.
Trench exit and spoil-pile items affirmed
D. Federico was installing a sewer in a 14-foot-deep trench where an employee worked inside an open-topped wooden manhole chamber. The Commission held that soil stored within two feet of the trench exposed the employee to a hazard and that neither an eight-foot ladder nor a loose backfill ramp…
Gordon Construction Company
Excavation case remanded after employer-status ruling
Gordon Construction supplied a backhoe operator and two laborers to the North Little Rock Sewer Department for a sewer-line excavation through solid rock. The administrative law judge vacated the citations after finding that the municipal department, rather than Gordon, employed the workers. The…
Robert T. Winzinger, Inc.
Excavation and backup-alarm items affirmed
Robert T. Winzinger performed work around a 10-foot-deep excavation in sandy, damp, partly backfilled soil near a heavily traveled road. Employees had entered the excavation, its walls were unsupported, and spoil piles up to 40 inches high sat directly at the edges. The Commission affirmed the…
CTM, Inc.
Combined trench and spoil-pile violation affirmed
CTM excavated a 13-foot-deep sewer trench in Broken Arrow, Oklahoma, without shoring and with nearly vertical lower walls in soil of average stability. A ten-foot-high spoil pile containing large soil chunks sat three feet from the trench, where employees were working below. The Commission held…
J. D. Blum Construction Company
Serious trench citation reinstated
J. D. Blum Construction excavated a water-main trench that was up to 7.5 feet deep, contained wet clay and loam, and was sloped at about 65 degrees without shoring or bracing. The Commission found the soil soft and unstable based on water seepage, sloughing, photographs, and witness testimony. It…
W. L. Cobb Construction Co.
Excavation citations reduced to two nonserious violations
W. L. Cobb installed storm-drain pipe in an opening that was wider than it was deep and therefore qualified as an excavation rather than a trench. The judge vacated the trench-specific ladder and unstable-soil citations, including two proposed willful penalties totaling $6,615. He affirmed a…
Graven Brothers and Company
Excavation violations reclassified as nonserious
Graven Brothers excavated a seven-foot-deep pit in sandy clay without adequate shoring, bracing, or sloping. A spoil pile about five feet high was within two feet of one wall, and a 9,000-pound truck operated next to another wall without added support. The Commission found that an employee in the…
Dobson Brothers Construction Co.
Repeated spoil-pile violation affirmed and penalty reduced
Dobson Brothers laid pipe in a trench in Lincoln, Nebraska. OSHA alleged that the trench lacked adequate support in soft or unstable soil and that excavated material was stored within two feet of the trench edge. The Commission agreed with the judge that OSHA's expert evidence did not prove the…
D. Federico Company, Inc.
Willful cave-in and spoil-pile citations affirmed
D. Federico had an employee working in a Boston earth cavity where the working depth was about 6.5 feet. The walls were not sloped, shored, sheeted, or braced, a large overhang stood about three feet from the employee, and excavated material was piled within inches of the wall. The judge vacated…
Donald K. Nelson Construction, Inc.
Improper personal service invalidated citation
OSHA attempted to send a construction citation and proposed penalty by certified mail, but the mailing was not delivered. An agency official retrieved the envelope and personally delivered it to the home of the company's president, where his wife received it. The Commission held that personal…
Colorado Pipe Lines, Inc., d/b/a CPL Constructors
Unprotected trench violation affirmed as serious
Colorado Pipe Lines was cited for a willful violation involving an inadequately protected trench and excavated material placed near its edge. The trench was 12 to 14 feet deep, and employees were exposed while its sides were not adequately shored or sloped. The Commission agreed that the evidence…
Shaw Construction Company
Two serious trench citations and $350 in penalties affirmed
Shaw Construction excavated a trench about five feet wide, 20 feet long, and nine feet deep for utility cables. Excavated material was piled within two feet of the edge, increasing the load on the trench wall and creating a risk that debris could fall onto employees. The trench sides were…
A. L. Amaral Company
Trench citations affirmed and serious penalty reduced
A. L. Amaral employees built a catchbasin in an excavation more than six feet deep with unstable fill soil, nearly vertical sides, no shoring, and no ladder. The judge treated the catchbasin excavation as part of a trench even though it was wider than it was deep. He affirmed a serious…
Feazell Construction Co.
Serious excavation citation and $700 penalty affirmed
Feazell Construction employees worked in an excavation about 14 feet deep with barely sloped, unsupported walls in backfill soil. Standing water, visible sloughing, and rain-washed spoil showed a moving-ground hazard. Excavated material was also stored within two feet of the edge, and the access…
Cedar Construction Co.
Repeated spoil-pile violation and $1,275 penalty affirmed
Cedar Construction piled a seven-foot spoil bank, including clods weighing up to 20 pounds, directly at the edge of a 12.8-foot-deep trench where employees worked. The company had a prior final citation for the same spoil-placement standard at another Nebraska worksite, and the Lincoln foreman knew…
Horowitz Bross., Inc.
Serious trench citation vacated for lack of proof
Horowitz was laying water pipe in a trench that was about 88 feet long, roughly six feet deep, three feet wide at the bottom, and seven feet wide at the top. OSHA alleged that the trench violated the rule for hard or compact soil because it was not adequately shored or sloped. The Commission held…
Danco construction Company
Mixed ruling on sewer-work citations and penalties
Danco received consolidated citations from three Little Rock sewer-construction sites involving posting, hard hats, fire protection, fuel handling, trenching, electrical equipment, ladders, traffic visibility, and spoil placement. The Commission held that Danco's timely contest of a citation also…
McGuire & Hester
Trench and spoil-pile violations affirmed
McGuire & Hester reopened a trench to reposition a water line beneath a gas main. An employee worked in a section more than five feet deep that lacked adequate shoring or compliant sloping, while traffic and heavy equipment operated nearby. Excavated soil three to four feet high was also piled…
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…
Horne Plumbing & Heating Company
Serious trenching violations affirmed
Horne Plumbing & Heating was installing sewer pipe in a trench at a Georgia church project. A cave-in killed the job foreman and another employee, and the first inspection found undersized shoring in a roughly 17-foot-deep trench and excavated soil stored less than two feet from its edge. A later…
Hartwell Excavating Company
Trench citations modified and penalties reduced
Hartwell Excavating was installing a sewer line in an Idaho trench that exceeded five feet in depth and had unsloped sides in sand-and-gravel soil. OSHA also cited excavated material stored at the trench edge, missing exit ladders, a worker positioned beneath part of a backhoe bucket, an incomplete…
Bayside Pipe Coaters, Inc.
Subcontractor remains responsible for its trench crew
Bayside Pipe Coaters sent a foreman and two employees to waterproof pipe in a trench excavated by a general contractor. The company admitted that the trench, spoil-pile, and compressed-gas-cylinder conditions violated OSHA standards but argued that its contract made the general contractor solely…
Eastwind, Inc.
Serious trench penalties reduced to $600 total
Eastwind employees worked in a seven-foot trench with vertical walls in wet, unstable soil while excavated and backfill material was piled at the edges. Part of a trench wall collapsed and partially buried two employees, who survived. Eastwind admitted serious violations for failing to support the…
Hawkins Construction Co.
Excavation citation vacated for lack of employee exposure
Hawkins Construction was the general contractor on an industrial-park project and had excavated an area for sewer work. The excavation was not properly sloped and excavated material was stored too close to its edge, but only a subcontractor's employees were present when OSHA inspected. The…
Advance Air Conditioning, Inc.
Roof-opening violation affirmed under specific standard
Advance Air Conditioning was installing ductwork at the Las Vegas Convention Center while employees worked on a roof with unguarded openings 48 to 51 feet above ground. One employee fell through a 2-by-30-foot opening located within inches of his work area after the opening had remained unguarded…
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…
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…
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.