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. ARJ Construction Company, Inc.
Secretary of Labor v. ARJ Construction Company, Inc. (FMSHRC YORK 2016-103): Default entered after repeated nonresponse
ARJ Construction contested one $154 citation at the Taylor No. 1 Mine. Its counsel did not respond to the Secretary's simplified-proceeding disclosures, missed two scheduled conference calls, and failed to contact opposing counsel after saying the company would pay the penalty. Judge Priscilla M…
Secretary of Labor v. ARJ Construction Company, Inc.
Secretary of Labor v. ARJ Construction Company, Inc. (FMSHRC YORK 2016-7): Default entered on $32,100 in penalties after a year of nonresponse
MSHA sought $32,100 in penalties from ARJ Construction Company over two alleged violations at the Taylor # 1 mine. The company answered the petition, but then let the case sit. Its counsel did not complete settlement discussions with the Solicitor over roughly nine months, missed a December 6…
Marshall Justice v. Gateway Eagle Coal Co., LLC
Marshall Justice v. Gateway Eagle Coal Co., LLC (FMSHRC WEVA 2015-924 D): Default against the old operator, but the bankruptcy buyer is off the hook
Marshall Justice worked at the Gateway Eagle Mine in West Virginia and says his employer disciplined him in 2015 for making a safety complaint to MSHA. MSHA found insufficient evidence, so he brought the discrimination case himself under section 105(c) of the Mine Act. Gateway never filed an answer…
Secretary of Labor obo Cheryl Garcia v. Veris Gold USA, Inc.
Secretary of Labor obo Cheryl Garcia v. Veris Gold USA, Inc. (FMSHRC WEST 2014-905-DM): Successor-liability briefing ordered
A default had been entered against Veris Gold USA in Cheryl Garcia's discrimination case after the company stopped participating while liquidating through an asset sale. Before assessing penalties or damages, Judge David P. Simonton sought to determine whether the mine's new operator, Jerritt…
Daniel B. Lowe v. Veris Gold USA, Inc.
Daniel B. Lowe v. Veris Gold USA, Inc. (FMSHRC WEST 2014-614-DM): Defaulted employer found liable for safety-complaint firing
Daniel Lowe, Veris Gold's safety and regulatory compliance manager, complained about mercury contamination and contaminated clothing in mine lunchrooms. Veris fired him days later, and its human-resources manager told witnesses that the company would think of a reason for the termination. Veris…
Secretary of Labor v. Conshor Mining, LLC
Secretary of Labor v. Conshor Mining, LLC (FMSHRC KENT 2008-90, et al.): Bankruptcy and dissolution made penalty cases moot
Seven dockets involving 16 citations and proposed penalties of $1,193,659 had remained stayed while the Commission considered unresolved questions about repeated flagrant violations. During the delay, Conshor Mining completed Chapter 7 bankruptcy, dissolved under Kentucky law, and had nearly all of…
Secretary of Labor v. Gordon Sand Company
Secretary of Labor v. Gordon Sand Company (FMSHRC WEST 2014-47-M): Four citations affirmed after default
Gordon Sand Company faced four citations issued under section 104(a) of the Mine Act and a proposed penalty of $400. The company did not participate in a scheduled conference call, file an answer, or enter an appearance. Judge Richard W. Manning issued an order to show cause and warned that an…
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.