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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Sandra G. McDonald v. TMK Enterprises Security
Sandra G. McDonald v. TMK Enterprises Security (FMSHRC WEVA 2014-387-D): Noncorporate security business remained a respondent
Sandra McDonald filed a discrimination complaint against the mine-site security business she identified as TMK Enterprise Security. An ALJ dismissed after finding that a similarly named corporation had lost its corporate status before McDonald's 2011 to 2013 employment. The Commission held that the…
Secretary of Labor on behalf of J. Don Arnold v. BHP Navajo Coal Company and Its Successors
Secretary of Labor on behalf of J. Don Arnold v. BHP Navajo Coal Company (FMSHRC CENT 2013-541-D): Safety-complaint retaliation results in $20,000 penalty
Electrician and miners' representative J. Don Arnold repeatedly raised concerns about an open fan motor in BHP Navajo Coal's laboratory, helped cause a section 103(g) inspection, and supplied photographs to MSHA. BHP then held him out of service indefinitely without pay, although it later paid him…
Secretary of Labor on behalf of Justin Greenwell v. Armstrong Coal Company
Secretary of Labor on behalf of Justin Greenwell v. Armstrong Coal Company (FMSHRC KENT 2014-791-D): Miner directed to file separate claim against coworker
Justin Greenwell alleged that coworker Chris Oglesby threatened him after he reported concerns about respirable dust sampling at Armstrong Coal Company's Parkway Mine. The Secretary filed a Mine Act discrimination complaint against Armstrong based on allegations that the company encouraged…
Secretary of Labor on behalf of Carlos Lopez v. Sherwin Alumina, LLC, and its Successors
Secretary of Labor on behalf of Carlos Lopez v. Sherwin Alumina, LLC, et al. (FMSHRC CENT 2012-237-DM): Retaliatory termination found after safety advocacy
Carlos Lopez reported safety hazards, supported greater MSHA oversight, and reported supervisors who breached his lockout tags before hot condensate sprayed him. Sherwin Alumina suspended and fired Lopez while treating the supervisors involved in the unsafe incident more leniently. Judge Jacqueline…
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.