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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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…
A.P. O'Horo Company, Inc.
Willful trenching and training violations affirmed
A.P. O'Horo employees were installing sewer pipe in a 10-foot-deep trench beside a heavily traveled Ohio highway when a wall collapsed and buried a pipe layer, who died several days later. The Commission found that the trench was not adequately sloped, shored, braced, or protected by the available…
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…
General Motors Corporation, Rochester Products Division
Unshored-trench and training items affirmed
GM employees dug and shored a deep trench inside a manufacturing building to install an oil-collection trough. A worker was injured when an unshored wall collapsed as he used an unshored leg of the trench to leave the work area. The Commission affirmed a serious trenching violation because GM left…
Capital City Excavating Co., Inc.
Late contest leaves trench citations final
OSHA sent Capital City trench citations and a proposed $550 penalty by certified mail. A clerical employee accepted them at the company's office on September 13, 1978, but the company did not mail its contest until October 6 or 7. The Commission held that delivery to an employee who accepts…
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…
CTM, Inc.
Commission affirms serious trench-sloping and adjacent-backfill violations
CTM, Inc., a utility contractor, had two employees working in a roughly nine-foot-deep trench while installing a 48-inch water main. The Commission upheld findings that the trench was dug in hard or compact soil, its walls were nearly vertical rather than adequately sloped or shored, and additional…
Nevada Pipe Line Construction Co.
Commission affirms a $250 serious trench violation beside backfilled soil
Nevada Pipe Line Construction opened a 60-foot-long trench to install a storm drain. The trench was about nine and one-half feet deep, only slightly sloped, and had no shoring or bracing. Part of one wall consisted of recently backfilled material that had not yet regained the properties of the…
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…
Environmental Utilities Corp.
Trench violation reclassified as serious
Environmental Utilities installed sewer pipe in trenches in Columbia, Pennsylvania. Two employees remained in the Marietta Pike trench after two of three trench jacks were removed, leaving the trench inadequately protected from a cave-in. The Commission changed the judge's classification from…
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…
Tip-Top Plumbing & Heating Co.
Trench-shoring item affirmed and added-precautions item vacated
Tip-Top Plumbing & Heating was relocating water lines during sewer work in Kansas City, Missouri. One employee worked for about 30 to 40 minutes in a narrow trench approximately nine feet deep and twelve feet long without shoring or sloping. The company chose to proceed quickly to restore water…
Columbus and Southern Ohio Electric Company
Contested trenching items vacated
The utility’s employees worked in an 8-to-10-foot-deep trench protected by plywood sheeting, hydraulic jacks, and sloped upper walls. OSHA alleged inadequate support in soft or unstable soil, insufficient close sheeting, and a need for additional bracing because a parked backhoe was near one end…
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…
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…
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. N. Couch Construction Company
Trench-protection violations affirmed
W. N. Couch Construction had employees working in an 11-foot-deep trench whose wall included at least 4 1/2 feet of unstable backfill. The trench was also next to backfilled excavations, a heavily traveled road, and an operating backhoe, but the company used no shoring, bracing, or other cave-in…
Lloyd C. Lockrem, Inc.
Mobile-equipment trench item revived and remanded
Lloyd C. Lockrem installed an underground concrete sewer line in a ground cavity that qualified as a trench. A front-end loader backfilled the cavity with its front wheels as close as 1.5 feet from the edge, and no stop logs or barricades were installed. The judge vacated the cited excavation…
Boring & Tunneling Co. of America
Trench ladder and shoring violations affirmed
Boring & Tunneling employees worked in a 14-foot-deep sewer trench reached by a short, improperly pitched, and unsecured ladder. The trench sides were nearly vertical, and the shoring used deteriorated, split, and rotting timbers while nearby highway traffic created vibration. The administrative…
The Bearden Co.
Unsupported trench violation affirmed as serious
The Bearden Company, a plumbing contractor, excavated a sewer-line trench in unstable soil with vertical, unsupported walls. Its foreman lowered an employee into the 8-to-10-foot-deep trench to inspect the sewer main before shoring equipment arrived. The employee later reentered the deep area and…
M-CO Equipment Co., Inc.
Crane fire-extinguisher item reinstated
M-CO Equipment was installing a sewer line at an Arizona construction site. A required fire extinguisher for a crane was kept in a pickup truck normally about 150 feet away, and the truck moved around the worksite. The Commission held that this did not make the extinguisher accessible and available…
Davenport Brothers, Inc.
Trench and head-protection violations affirmed, penalty reduced to $200
Davenport Brothers sent two employees into a trench to repair a broken water line. The judge found that the trench was more than five feet deep and was not shored, braced, or sloped, and that neither employee wore protective headgear. The Commission affirmed the serious trenching violation and the…
C. N. Flagg & Company, Inc., d/b/a Northeastern Contracting Company
Serious trench violation affirmed, willful citation vacated
Flagg was installing sewer pipe in a trench more than 15 feet deep. The trench boxes and sheeting did not protect the bottom portion, where employees worked, and the Commission upheld the finding that the soil was unstable. It affirmed a serious trenching violation and its $700 penalty from the…
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…
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…
Gerstner Electric, Inc.
Serious trench citation amended and affirmed
Gerstner Electric dug a 14-foot-deep, 30-inch-wide trench beside heavily traveled roads in unstable soil that had already caved in several times. Two employees entered the unshored trench to begin installing protection, and a wall collapsed, killing one employee and injuring the other. OSHA cited…
Accu-Namics, Inc.
Serious trench-protection violation affirmed
Accu-Namics installed underground water and sewer pipe in a trench that reached 24 feet deep. Its trench shield extended only 14 feet below ground, leaving about 10 feet of trench wall unprotected, and a cave-in killed four employees. The judge vacated the citation because the compliance officer…
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.