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 obo Kevin R. Shaffer v. The Marion County Coal Company
Secretary of Labor obo Kevin R. Shaffer v. The Marion County Coal Company (FMSHRC WEVA 2018-423 D): Threat finding defeated retaliation claim
Kevin Shaffer complained about transmission, lighting, air-conditioning, and radio problems with haulage trucks at Marion County's underground coal mine. Management addressed the equipment issues but discharged Shaffer after concluding that he threatened to fight his foreman during a later argument…
Secretary of Labor on behalf of Jeremy Coots v. Yellow Rose Coal Co., LLC
Secretary of Labor on behalf of Jeremy Coots v. Yellow Rose Coal Co., LLC (FMSHRC KENT 2016-320 D): Roof bolter temporarily reinstated after one-day discharge
Yellow Rose Coal hired Jeremy Coots as a roof-bolter operator after its owner praised his work during an observed shift. The next day, the owner learned that Coots had filed a discrimination case against a previous employer and discharged him because he feared Coots would file a complaint against…
Secretary of Labor v. Brdaric Excavating, Inc.
Secretary of Labor v. Brdaric Excavating, Inc. (FMSHRC PENN 2012-313-M, et al.): Off-site garage covered by the Mine Act
Brdaric Excavating operated Buck Mountain Quarry and also owned a garage about one mile away that primarily serviced equipment used in its excavation and demolition business. The garage nevertheless repaired quarry vehicles and equipment, stored charging equipment used on quarry vehicles, and…
Secretary of Labor v. Buzzi Unicem USA
Secretary of Labor v. Buzzi Unicem USA (FMSHRC SE 2015-306-M): Quarry lighting citation vacated
Buzzi Unicem operated a small limestone quarry where employees walked across docked barges before sunrise while wearing cap lights. MSHA cited the company under 30 C.F.R. § 56.17001 after a miner said he could not see past the second barge and the inspector identified a possible trip-and-fall…
Secretary of Labor v. Regent Allied Carbon Energy, Incorporated
Secretary of Labor v. Regent Allied Carbon Energy, Incorporated (FMSHRC VA 2013-0404): Unlocked cable-work citation affirmed at $11,500
During a mine-wide power outage, a Regent Allied foreman directed unqualified miners to handle, inspect, and re-tape splices along a shuttle-car trailing cable without locking and tagging out the cable's disconnect. Power was restored while the work area was not visible from the power center…
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 Ralph Keele v. Energy West Mining Company
Secretary of Labor on behalf of Ralph Keele v. Energy West Mining Company (FMSHRC WEST 2013-877-D): Retaliatory firing brings reinstatement and $20,000 penalty
Ralph Keele, a diesel mechanic and union safety committee chairman at Energy West's Deer Creek Mine, repeatedly tagged out unsafe equipment and reported safety concerns to management and MSHA. After those reports, management sharply curtailed his inspection and underground duties and later fired…
Secretary of Labor on behalf of Fred McKinsey v. Pretty Good Sand Company, Inc.
Secretary of Labor on behalf of Fred McKinsey v. Pretty Good Sand Company, Inc. (FMSHRC SE 2014-344-DM): Discrimination found but after-acquired evidence limited relief
Fred McKinsey made internal safety complaints and filed an MSHA hazard complaint while working at Pretty Good Sand Company's Great Pit Mine. Soon afterward, the company reduced his hours, demoted him, increased written criticism, and terminated him. Judge John Kent Lewis found that the protected…
Secretary of Labor v. Hanson Aggregates New York, Inc.
Secretary of Labor v. Hanson Aggregates New York, Inc. (FMSHRC YORK 2013-66-M): training record omission upheld with $50 penalty
Hanson Aggregates completed annual refresher training at its crushed-limestone plant but used MSHA Form 5000-23 without listing the instructors or the duration of training. Judge Alan G. Paez found the recordkeeping rule ambiguous because the form itself did not request that information, but held…
Secretary of Labor on behalf of Cameron Garcia and Cheryl Garcia v. Veris Gold U.S.A., Inc.
Secretary of Labor on behalf of Cameron Garcia and Cheryl Garcia v. Veris Gold U.S.A., Inc. (FMSHRC WEST 2014-788-DM, WEST 2014-789-DM): two miners reinstated but economic option denied
Cameron Garcia alleged that Veris Gold fired him shortly after he reported equipment safety problems internally and filed an MSHA hazard complaint. Cheryl Garcia alleged that ongoing harassment tied to her safety reports and participation in an MSHA investigation compelled her to resign. Judge…
Secretary of Labor v. River View Coal, LLC
Secretary of Labor v. River View Coal, LLC (FMSHRC KENT 2013-82): welder citation reduced to non-S&S with $125 penalty
MSHA cited River View Coal because about one inch of insulation was missing from both sides of a welder's electrode holder on a diesel mantrip. Judge Priscilla M. Rae held that the direct-current welder remained electrical equipment subject to the maintenance standard and that the damaged holder…
Secretary of Labor on behalf of Fred McKinsey v. Pretty Good Sand Company, Inc.
Secretary of Labor on behalf of Fred McKinsey v. Pretty Good Sand Company, Inc. (FMSHRC SE 2014-223-DM): Maintenance mechanic temporarily reinstated after safety complaints
Fred McKinsey reported mobile-equipment and highwall safety concerns to the owner of Pretty Good Sand Company and later contacted MSHA, prompting an inspection of the North Carolina sand pit. He said that management then began criticizing and harassing him, demoted him from supervisor, reduced his…
Secretary of Labor, MSHA v. US Silica Company
Secretary of Labor v. US Silica Company (FMSHRC WEVA 2013-425): Breaker-label citation vacated
MSHA cited an unlabeled two-switch breaker box in a paint trailer at US Silica's Berkeley Plant. Judge David Barbour did not decide whether the box was a principal power switch under section 56.12018. Instead, he found that the circuits could be readily identified by location because visible wiring…
Secretary of Labor v. Carmeuse Lime & Stone, Inc.
Secretary of Labor v. Carmeuse Lime & Stone, Inc. (FMSHRC KENT 2010-228): Crane-capacity citation vacated for lack of quantitative proof
Carmeuse used an underground crane to lift a 10,000-pound conveyor-belt counterweight at its Maysville limestone mine. MSHA alleged that an outrigger rested on unstable ground, the outriggers were extended unequal distances, and the crane was therefore used beyond the manufacturer's design…
Marshall Mining, Inc.
Marshall Mining, Inc. (FMSHRC KENT 2008-1122): Borehole-plan violation affirmed near flooded workings
Marshall Mining advanced an underground coal entry within 200 feet of an abandoned, water-filled mine. Its approved plan required 30-foot boreholes and limited mining cuts to 20 feet so at least a 10-foot drilled buffer remained ahead of the face. MSHA found only two boreholes about three feet…
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.