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. The American Coal Company
Secretary of Labor v. The American Coal Company (FMSHRC LAKE 2007-171, et al.): Operator's appeal dismissed and safeguard issues remanded
The Commission had granted American Coal's petition to review proceedings covering more than 70 citations and then stayed briefing. American Coal later moved without opposition to dismiss its appeal, agreed to pay penalties consistent with three 2011 ALJ decisions, and said the parties had amicably…
Secretary of Labor v. David Duquette Excavating and Jessica Russell
Secretary of Labor v. David Duquette Excavating and Jessica Russell (FMSHRC YORK 2012-303-M): Borrow-pit case dismissed for lack of Mine Act jurisdiction
David Duquette Excavating intermittently removed bank-run earthen material, used a scalping screen to remove debris, and transported the material for fill at its excavation projects. MSHA treated the site as a mine and issued nine equipment, berm, and notification citations with $908 in proposed…
Secretary of Labor v. Black Beauty Coal Company
Secretary of Labor v. Black Beauty Coal Company (FMSHRC LAKE 2008-378-R, et al.): Accident-site citation remanded, examination-order vacatur affirmed
Black Beauty resumed mining and altered a roof-fall scene after reporting the incident to MSHA, and an ALJ affirmed an accident-site preservation citation after cutting short the hearing. The Commission held that an actual accident, meaning an injury with a reasonable potential to cause death…
Secretary of Labor v. Newmont USA Limited
Secretary of Labor v. Newmont USA Limited (FMSHRC WEST 2010-652-RM, WEST 2010-1584-M): Barricade violation affirmed, S&S finding vacated
Newmont shut off an auxiliary fan and tied off ventilation bags in two headings at its Midas gold mine, leaving ropes and signs stating that a heading inspection was required. The Commission affirmed that the headings were unventilated and that ropes and signs that did not prohibit entry failed to…
Secretary of Labor v. Jim Walter Resources, Inc.
Secretary of Labor v. Jim Walter Resources, Inc. (FMSHRC SE 2007-203-R, SE 2007-294): Roof-control violation reinstated after fatal fall
A miner performing ventilation work at Jim Walter Resources' No. 7 underground coal mine was fatally injured when roof rock fell in a supported area near an earlier roof fall. An ALJ vacated MSHA's citation after finding no objective warning that additional support was needed. The Commission…
Secretary of Labor v. Petro Chemical Insulation, Inc.
Secretary of Labor v. Petro Chemical Insulation, Inc. (FMSHRC KENT 2014-606): Timely penalty contest sent back for proceedings
MSHA marked Petro Chemical Insulation's penalty assessment delinquent after an agency error made it appear that Petro had missed the 30-day contest deadline. The record showed that Petro mailed its contest on May 30, 2014, and MSHA received it on June 2, the date the assessment otherwise would have…
Secretary of Labor on behalf of Carlton Johnson v. BASF Corporation
Secretary of Labor on behalf of Carlton Johnson v. BASF Corporation (FMSHRC SE 2015-201-DM): Economic temporary reinstatement approved
Carlton Johnson alleged that BASF discharged him after he raised concerns about unsafe electrical work and filed a safety complaint with MSHA. Judge Janet G. Harner found the complaint was not frivolously brought based on the special investigator's declaration. She ordered temporary reinstatement…
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.