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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Secretary of Labor v. U.S. Silica
Secretary of Labor v. U.S. Silica (FMSHRC WEST 2022-0157): Staff-routing error supported reopening
U.S. Silica failed to contest a proposed penalty assessment within 30 days after delivery. The company said operations and staffing changes led a new administrative assistant to send the assessment to an interim manager at another office instead of following the proper process. U.S. Silica…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2022-0207): Receptionist error supported reopening
Rockwell Mining failed to contest a proposed penalty assessment within 30 days. A new office manager receptionist received the assessment but did not provide it to the corporate safety director for more than two months. Rockwell said its normal procedure required assessments to be scanned and sent…
Secretary of Labor v. Miller Contracting Services, Inc.
Secretary of Labor v. Miller Contracting Services, Inc. (FMSHRC WEVA 2022-0173): Lost contest supported reopening
Miller Contracting Services said it mailed a penalty contest packet, but MSHA did not receive it. An internal miscommunication caused the company to send the packet without certified-mail tracking, and Miller learned of the problem only after receiving a delinquency notice. The company then updated…
Secretary of Labor v. Specialty Vermiculite, LLC
Secretary of Labor v. Specialty Vermiculite, LLC (FMSHRC SE 2022-0044): Mine shutdown disruption supported reopening
Specialty Vermiculite failed to contest a proposed penalty assessment within 30 days. The company said its Enoree Operations mine had ceased operations, most employees had been laid off, and COVID illnesses added to confusion among the remaining staff. The employee responsible for contests worked…
Secretary of Labor v. Iron Cumberland, LLC
Secretary of Labor v. Iron Cumberland, LLC (FMSHRC PENN 2022-0029): Management transition supported reopening
Iron Cumberland failed to contest two proposed penalty assessments within 30 days. The mine changed ownership and management near the end of 2021, including hiring a new safety director, and the transition altered internal processing procedures. Iron Cumberland learned of the missed assessments…
Secretary of Labor v. The Quikrete Companies
Secretary of Labor v. The Quikrete Companies (FMSHRC YORK 2021-0034): Misplaced assessment reopened after COVID-19 outbreak
A proposed penalty assessment became final after Quikrete did not file a contest within 30 days. Quikrete explained that a COVID-19 outbreak left its office and plant understaffed and the assessment was inadvertently misplaced. After realizing it lacked the document, the company contacted MSHA and…
Secretary of Labor v. Lo Down Energy, Inc.
Secretary of Labor v. Lo Down Energy, Inc. (FMSHRC WEVA 2021-0180): Four misplaced assessments reopened
Four proposed penalty assessments became final after Lo Down Energy did not contest them within 30 days. The operator had rerouted MSHA assessments to its accounting office during the COVID-19 pandemic, but employees worked there only intermittently and the documents were misplaced. Lo Down learned…
Secretary of Labor v. Cooper Stone, LLC
Secretary of Labor v. Cooper Stone, LLC (FMSHRC CENT 2021-0131): Unreceived penalty assessment reopened
A proposed penalty assessment became final after Cooper Stone did not contest it within 30 days. The operator said it had ongoing mail-delivery problems, did not receive the assessment, and first learned about it from a later statement listing the uncontested violations. The Secretary did not…
Secretary of Labor v. River View Coal, LLC
Secretary of Labor v. River View Coal, LLC (FMSHRC KENT 2019-0205): Emailed contest supported reopening
River View Coal asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had attempted to email its notice of contest before the deadline, and the Secretary did not oppose reopening. The Commission found good cause to relieve River…
Secretary of Labor v. Marfork Coal Company
Secretary of Labor v. Marfork Coal Company (FMSHRC WEVA 2019-0321): Incorrect receipt date supported reopening
Marfork Coal missed a penalty-contest deadline after a delivery delay caused staff to record the assessment as received two days later than its actual delivery date. The company mailed its contest by the incorrectly calculated deadline, learned of the delinquency the next month, and moved to reopen…
Secretary of Labor v. Southern Aggregates, LLC
Secretary of Labor v. Southern Aggregates, LLC (FMSHRC CENT 2018-0403): Informal-conference mistake supported reopening
Southern Aggregates missed a penalty-contest deadline because it mistakenly believed a pending informal conference stayed the deadline. The operator discovered the error during an internal review and submitted its contest six days after the assessment became final. It also adopted a procedure…
Secretary of Labor v. KC Transport, Inc.
Secretary of Labor v. KC Transport, Inc. (FMSHRC WEVA 2019-0622): Missed internal routing supported reopening
KC Transport failed to contest two proposed penalty assessments because an administrative assistant believed she had sent them to company counsel but had not done so. The operator learned that the assessments were delinquent from counsel and described improvements to its internal processing system…
Secretary of Labor v. Ludwig Explosives, Inc.
Secretary of Labor v. Ludwig Explosives, Inc. (FMSHRC LAKE 2020-0033): Deadline confusion supported reopening
Ludwig Explosives relied on a risk-management consultant who calculated the penalty-contest deadline as 30 business days instead of 30 calendar days. The consultant explained that a family medical emergency and a separate docket confirmation contributed to his confusion. The Secretary did not…
Secretary of Labor v. Central Sand Co., Inc.
Secretary of Labor v. Central Sand Co., Inc. (FMSHRC CENT 2020-0178-M): Pandemic staffing shortage supported reopening
Central Sand missed its penalty-contest deadline while its office was short-staffed because of COVID-19. The company filed its reopening motion five days after the assessment became a final Commission order. The Secretary did not oppose reopening but urged the operator to ensure future contests are…
Secretary of Labor v. GCC Dacotah, Inc.
Secretary of Labor v. GCC Dacotah, Inc. (FMSHRC CENT 2020-0155-M): Internal procedure error supported reopening
GCC Dacotah failed to contest two proposed penalty assessments because of an improper understanding and implementation of its internal procedure. The company paid the uncontested portions before the respective contest deadlines. The Secretary did not oppose reopening but urged the operator to…
Secretary of Labor v. Panther Creek Mining, LLC
Secretary of Labor v. Panther Creek Mining, LLC (FMSHRC WEVA 2020-0258): Unopposed reopening motion granted
Panther Creek Mining asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. Marfork Coal Company, LLC
Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2020-0204): Medical leave mistake supported reopening
Marfork Coal paid the uncontested penalties and marked the remaining penalties for contest. An executive assistant at the parent company recorded the filing deadline but left the office for surgery without submitting the contest. The company discovered the failure and promptly sought reopening, and…
Secretary of Labor v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2019-0094): Conference-process mistake supported reopening
Oak Grove Resources requested a conference on a section 104(b) order and told the inspector that it intended to challenge the order. The operator believed it did not need to file a contest until the conference process ended and repeatedly sought the result from MSHA. After MSHA told the operator…
Secretary of Labor v. Imerys Carbonates USA, Inc.
Secretary of Labor v. Imerys Carbonates USA, Inc. (FMSHRC SE 2020-0140): Misdirected contest package supported reopening
MSHA issued Imerys 130 citations during a nine-week inspection and divided them between two proposed assessments. Imerys timely mailed two contest packages, but sent them with payments to MSHA's St. Louis address instead of the contest address in Arlington. Only the first package was forwarded…
Secretary of Labor v. O&G Industries, Inc.
Secretary of Labor v. O&G Industries, Inc. (FMSHRC YORK 2020-0048-M): Unopposed reopening motion granted
O&G Industries asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0163-M): Unopposed reopening motion granted
Nyrstar Tennessee Mines asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. Genesis Alkali, LLC
Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2020-0156-M): Temporary staffing change supported reopening
During a temporary change in administrative staff, Genesis Alkali mailed two intended citation contests with its payment for the other violations to MSHA's St. Louis payment address instead of the Arlington contest office. The company later checked MSHA's data system and saw that the two citations…
Secretary of Labor v. Eiger Mountain Crushing, LLC
Secretary of Labor v. Eiger Mountain Crushing, LLC (FMSHRC WEST 2019-0517-M): Certified-mail record supported reopening
Eiger Mountain Crushing believed it had timely mailed its contest by certified mail to the correct MSHA address and provided the return-receipt documentation. An MSHA delinquency notice later showed that the contest had not been timely received. Counsel promptly sought reopening, and the Secretary…
Secretary of Labor v. Freeport-McMoran Morenci, Inc.
Secretary of Labor v. Freeport-McMoran Morenci, Inc. (FMSHRC WEST 2019-0278-M): Staffing shortage supported reopening
Freeport-McMoRan Morenci was short-staffed after two industrial-hygiene employees resigned. The health and safety superintendent was covering that program while also handling proposed assessments and mistakenly believed the normal contest procedure had been completed. When MSHA sent a delinquency…
Secretary of Labor v. Commonwealth Mining, LLC
Secretary of Labor v. Commonwealth Mining, LLC (FMSHRC VA 2020-0021): Claimed nonreceipt supported reopening
Commonwealth Mining said it did not receive a proposed assessment containing four citations it intended to contest, although the Secretary confirmed delivery to the address of record. The operator adopted procedures and training to prevent another missed filing. Its representative promptly sought…
Secretary of Labor v. Buchanan Minerals, LLC
Secretary of Labor v. Buchanan Minerals, LLC (FMSHRC VA 2020-0009): Internal mail breakdown supported reopening
Buchanan Minerals used a routine mail process in which a security guard sorted delivered mail, the mine superintendent received the assessment, and the safety manager handled the contest. The safety manager never received this proposed assessment, so the company missed the deadline. Buchanan…
Secretary of Labor v. Callender Construction Company
Secretary of Labor v. Callender Construction Company (FMSHRC LAKE 2020-0092): Claimed nonreceipt supported reopening
Callender Construction said it never received the proposed penalty assessment that later became final. MSHA subsequently sent the company a delinquency notice. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. The Commission found inadvertence or…
Secretary of Labor v. Delhur Industries, Inc.
Secretary of Labor v. Delhur Industries, Inc. (FMSHRC CENT 2020-0099): Claimed nonreceipt supported reopening
Delhur Industries said it never received the proposed penalty assessment and first learned of it from an MSHA delinquency notice. The operator contacted MSHA and followed the agency's direction to seek relief from the Commission. The Secretary did not oppose reopening. The Commission found…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2020-0150): Vacation backlog supported reopening with warning
Two proposed assessments arrived while Rockwell Mining's safety manager was on vacation. After returning to a backlog, he selected citations for contest and sent the forms to the corporate safety director, who mailed them on the day the assessments became final. MSHA received the forms six days…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2019-0479): Mistaken payment supported reopening with warning
Rockwell Mining had contested the citation but inadvertently paid the associated penalty when the proposed assessment arrived. The operator discovered the mistake and filed a reopening motion 30 days later. The Secretary did not oppose, and the Commission found excusable neglect, reopened the…
Secretary of Labor v. Pinto Valley Mining Corp.
Secretary of Labor v. Pinto Valley Mining Corp. (FMSHRC WEST 2019-0516): Documented mailing claims supported reopening
Pinto Valley said it timely mailed contest forms for two assessments by certified mail and made partial payments for the uncontested penalties. The company did not have the return receipts, but submitted completed forms, payment records, and affidavits describing its reliable contest procedure. It…
Secretary of Labor v. Victory Rock Texas, LLC
Secretary of Labor v. Victory Rock Texas, LLC (FMSHRC CENT 2020-0105-M): Pro se operator received reopening despite filing delay
Victory Rock waited for the result of an MSHA conference and said it quickly returned its contest form, but it had no proof of mailing or delivery. After a delinquency notice, MSHA told the operator that no contest had been received and advised it to seek reopening. The pro se operator's motion…
Secretary of Labor v. Fairfax Materials
Secretary of Labor v. Fairfax Materials (FMSHRC WEVA 2015-1016-M): Wrongly checked penalty contest reopened
Fairfax Materials received an assessment containing two penalties and intended to contest one while paying the other. It accidentally selected the wrong citation for contest, paid the $100 penalty it meant to challenge, and proceeded with the other citation instead. Fairfax acted promptly after…
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.