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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Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC (FMSHRC WEST 2014-307 DM): Immediate review of successor-liability ruling denied
After Jerritt Canyon Gold bought Veris Gold's mine assets through bankruptcy, Judge William B. Moran allowed Matthew Varady to add Jerritt Canyon as a possible successor in his discrimination case. Jerritt Canyon argued that the bankruptcy sale, automatic stay, res judicata, and federal bankruptcy…
Scott D. McGlothlin v. Dominion Coal Corporation
Scott D. McGlothlin v. Dominion Coal Corporation (FMSHRC VA 2014-233-D): Interlocutory fee-review request denied
Scott McGlothlin's counsel asked the Judge to certify immediate Commission review of whether agreed damages and attorney fees in a discrimination case prevented the Commission from reviewing the relief for reasonableness. Judge Jerold Feldman denied certification because section 105(c)(3) limits…
Secretary of Labor v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2013-301, et al.): Flagrant-violation test certified for review
A contemporaneous ALJ order removed the flagrant designation from an alleged coal-dust accumulation violation at Oak Grove Mine. Judge Jerold Feldman concluded that a flagrant violation must be reasonably expected to proximately cause death or serious bodily injury based on the conditions…
Secretary of Labor v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2013-301, et al.): Flagrant-violation proof question certified for review
Oak Grove faced a proposed flagrant designation for coal-dust accumulations under 30 C.F.R. § 75.400. Judge Jerold Feldman required the Secretary to explain how the cited condition itself could substantially and proximately cause death or serious bodily injury, rather than relying on possible…
Secretary of Labor v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2013-301, et al.): Original flagrant-proof certification later amended
Oak Grove faced a proposed flagrant designation for coal-dust accumulations under 30 C.F.R. § 75.400. Judge Jerold Feldman required the Secretary to explain how the cited condition itself could substantially and proximately cause death or serious bodily injury, rather than relying on possible…
Kingston Mining, Inc. v. Secretary of Labor
Kingston Mining, Inc. v. Secretary of Labor (FMSHRC WEVA 2014-812-R): safeguard contest stayed until MSHA issues a citation
After a mobile coal-hauler accident, MSHA issued a mine-specific safeguard requiring cameras on Kingston Mining's battery-powered haulers and cable-powered shuttle cars. Kingston sought an expedited pre-enforcement hearing, while the Secretary moved to dismiss because MSHA had not yet issued a…
Secretary of Labor v. The American Coal Company
Secretary of Labor v. The American Coal Company (FMSHRC LAKE 2011-13): settlement-review question certified for interlocutory appeal
The Secretary sought interlocutory review after Judge William B. Moran denied approval of a proposed settlement and rejected reconsideration. The Judge declined to certify the Secretary's three framed questions because he found that they misstated and improperly narrowed the dispute over the…
Brody Mining, LLC v. Secretary of Labor, MSHA
Brody Mining, LLC v. Secretary of Labor (FMSHRC WEVA 2014-82-R, et al.): Pattern-rule ruling certified for review
Chief Judge Robert J. Lesnick had upheld MSHA's 2013 pattern-of-violations rule against Brody Mining's facial, due-process, and retroactivity challenges. On his own motion, he certified that ruling for immediate Commission review. He found that the rule's validity was a controlling legal question…
Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.
Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc. (FMSHRC KENT 2013-362-D): Temporary stay granted during settlement effort
An administrative law judge had issued a cease-and-desist order and later denied Armstrong's request to stay it and certify an interlocutory appeal. Armstrong told the Commission that the parties had verbally agreed on settlement terms and needed time to finalize a written motion. The Secretary did…
Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.
Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc. (FMSHRC KENT 2013-362-D): Interlocutory certification denied
Armstrong asked Judge Jerold Feldman to certify immediate Commission review of his same-day refusal to stay a cease-and-desist order. Certification required a novel legal question and a showing that immediate review would materially advance the case. The judge found the stay standards were settled…
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.