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. Ralph W. Dushane employed by Cemex Construction Materials of Florida, LLC
Secretary of Labor v. Ralph W. Dushane (FMSHRC SE 2016-132 M): Three-year assessment delay did not yet show actual prejudice
MSHA sought individual penalties from Cemex employee Ralph Dushane under section 110(c) for two violations issued in November 2012. Although MSHA notified him of its intent to assess penalties in March 2013, it did not issue the proposed assessment until February 2016, about 38 months after the…
Secretary of Labor v. Steve B. Rees, employed by Prairie State Generating Company, LLC and Secretary of Labor v. Michael Welch, employed by Prairie State Generating Company, LLC
Secretary of Labor v. Steve B. Rees and Secretary of Labor v. Michael Welch (FMSHRC LAKE 2015-144, LAKE 2015-130): Delay did not require dismissal of individual penalties
MSHA sought individual penalties against Prairie State employees Steve Rees and Michael Welch for allegedly knowingly authorizing, ordering, or carrying out a mine-safety violation. They moved to dismiss because MSHA waited about 28 months after the underlying inspection to issue the assessments…
Christopher Brinson, Gerald Hastings, and Ronald Colson employed by Kentucky-Tennessee Clay Co.
Christopher Brinson, Gerald Hastings, and Ronald Colson employed by Kentucky-Tennessee Clay Co. (FMSHRC SE 2012-370-M, SE 2012-378-M, and SE 2012-340-M): Delayed individual penalty cases allowed to proceed
MSHA sought individual penalties against three Kentucky-Tennessee Clay managers after a rail-car accident, but it did not issue the assessments until almost two and a half years after citing the company. Judge Jeffrey Tureck held that the Mine Act's reasonable-time period began when MSHA completed…
Dyno Nobel East-Central Region
Dyno Nobel East-Central Region (FMSHRC SE 2012-260M): Stay denied while individual-liability investigation continued
MSHA sought a $47,716 penalty against Dyno Nobel while a related investigation considered possible individual liability under section 110(c) of the Mine Act. Dyno Nobel requested a stay so any individual case could be consolidated with the operator's case and duplicate litigation could be avoided…
Pocahontas Coal Company, et al.
Pocahontas Coal Company, et al. (FMSHRC WEVA 2011-227): Late penalty cases remanded under clarified adequate-cause test
The Commission had consolidated multiple cases for interlocutory review after judges accepted penalty petitions that the Secretary filed beyond the 45-day deadline. A newly issued Commission decision clarified that adequate cause exists when the Secretary gives a supported, nonfrivolous explanation…
Long Branch Energy
Long Branch Energy (FMSHRC WEVA 2009-1492-R): Late penalty petitions reinstated after District 4 backlog
The Secretary filed seven penalty petitions between about seven and eleven months after the Commission's 45-day deadline, and the judge dismissed the cases. The Commission clarified that adequate cause exists when the Secretary gives a plausible, supported explanation showing the delay did not…
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.