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. Argus Energy WV, LLC
Secretary of Labor v. Argus Energy WV, LLC (FMSHRC WEVA 2017-158): Fact-free settlement motion denied
MSHA cited Argus Energy after a haul truck was operated with a broken spot mirror and no completed pre-operational inspection record. The citation alleged a significant-and-substantial violation of 30 C.F.R. § 77.1606(a) and carried a proposed penalty of $666. The parties proposed removing the S&S…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC and Matthew Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Daniel B. Lowe and Matthew Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC (FMSHRC WEST 2014-614 DM, WEST 2014-307 DM): Premature bankruptcy dismissals vacated and reassigned
A bankruptcy court enjoined Daniel Lowe and Matthew Varady from pursuing successor-liability claims against the purchaser of Veris Gold's assets. The FMSHRC judge then dismissed both Mine Act discrimination cases on his own initiative, although neither side had requested dismissal. The Commission…
Secretary of Labor v. Signal Peak Energy, LLC
Secretary of Labor v. Signal Peak Energy, LLC (FMSHRC WEST 2010-1130): Five-day reporting delay brings $60,000 penalty
A longwall roof cave produced an air blast that damaged 78 stoppings and propelled a miner 50 to 80 feet, causing serious and visible injuries. Signal Peak did not notify MSHA, resumed mining through the accident site, and MSHA learned of the incident from a reporter five days later. The Commission…
Secretary of Labor v. Cemex de Puerto Rico
Secretary of Labor v. Cemex de Puerto Rico (FMSHRC SE 2011-502-M, et al.): Four safety actions and $29,711 in penalties affirmed
MSHA issued four enforcement actions involving Cemex's Ponce Cement Plant and Cantera Canas Mine in Puerto Rico. Two citations concerned a welder working untied on top of a mill and reaching it by climbing handrails and mill structure instead of using safe access. A third citation covered multiple…
Elk Run Coal Company v. Secretary of Labor
Elk Run Coal Company v. Secretary of Labor (FMSHRC WEVA 2013-1298-R): Safeguard challenge allowed before later citation
Elk Run Coal challenged a safeguard requiring controls for mud, ledges, and water in mine travelways before MSHA issued a later citation or order under that safeguard. The Secretary argued that the Commission lacked jurisdiction until a violation was cited. Judge William S. Steele held that the…
Secretary of Labor, MSHA v. Miller Springs Material, LLC
Secretary of Labor v. Miller Springs Material, LLC (FMSHRC CENT 2012-906-M): Intermittent stockpile loading kept quarry open
Miller Springs had stopped crushing at Cove Quarry while its crusher was under repair, but it continued filling customer orders from existing stockpiles. MSHA cited the company for failing to report the quarry as closed under section 56.1000. Judge Jerold Feldman held that intermittent loading at…
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): Stay denied to prevent continued chilling effect
Armstrong sought a short stay of an order requiring it to dismiss a Kentucky tort suit against miner Reuben Shemwell. The company said the parties had verbally agreed to settlement terms that included voluntary dismissal of the suit. Judge Jerold Feldman found that Armstrong was unlikely to…
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): Retaliatory state lawsuit had to be dismissed
Armstrong filed a Kentucky tort lawsuit against welder Reuben Shemwell after he used the Mine Act process to allege that his discharge was retaliatory. Judge Jerold Feldman found that the lawsuit interfered with Shemwell's protected right to file a discrimination complaint and would discourage…
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.