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.

5,593 decisions and counting · Latest decision July 17, 2026
250 decisions 30 U.S.C. § 815(a)

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COMM

Secretary of Labor v. Responsible Energy Operations, LLC

Secretary of Labor v. Responsible Energy Operations, LLC (FMSHRC LAKE 2025-0279): Late penalty contest reopened

Responsible Energy missed the 30-day deadline to contest a proposed MSHA penalty after its safety manager miscalculated the due date. The manager discovered the error one day after the assessment became final, immediately sent it to counsel, and counsel promptly tried to contest and then moved to…

July 17, 2026
Procedural
COMM

Secretary of Labor v. Heidelberg Materials Midwest Agg. Inc.

Secretary of Labor v. Heidelberg Materials Midwest Agg. Inc. (FMSHRC LAKE 2025-0260): Reopening request dismissed after full payment

Heidelberg Materials asked the Commission to reopen a proposed penalty assessment that had become final when no contest was filed within 30 days. The company said a payment check had been sent but returned to its corporate office without being delivered to MSHA. It later reissued the check, and…

July 17, 2026
Procedural
COMM

Secretary of Labor v. Cyber Square

Secretary of Labor v. Cyber Square (FMSHRC CENT 2025-0308): Misrouted penalty contest reopened

Cyber Square tried to contest part of an MSHA penalty assessment but mailed its contest to the St. Louis payment address instead of the Civil Penalty Compliance Office. It paid the penalties for the citations it did not intend to contest. After the assessment became final and MSHA sent a…

July 17, 2026
Procedural
COMM

Secretary of Labor v. ASARCO LLC

Secretary of Labor v. ASARCO LLC (FMSHRC WEST 2025-0295): Two-day-late penalty contest reopened

ASARCO missed the deadline to contest a proposed MSHA penalty during a short management staffing transition. Its safety manager received the assessment later than the company and emailed a contest two days after the assessment became final. The company moved to reopen three days after discovering…

July 7, 2026
Procedural
COMM

Secretary of Labor v. Ramaco Resources, LLC

Secretary of Labor v. Ramaco Resources, LLC (FMSHRC WEVA 2026-0038): Six late penalty contests reopened

Ramaco sought to reopen six proposed penalty assessments after its notices of contest were filed one day late. The assessments had been forwarded to the company's vice president of law five days after receipt, and he mistakenly calculated the deadline from the forwarding date. The Secretary did not…

June 2, 2026
Procedural
COMM

Secretary of Labor v. Quikrete Construction Materials, LLC

Secretary of Labor v. Quikrete Construction Materials, LLC (FMSHRC WEVA 2025-0541): Staffing-gap default reopened

Quikrete failed to contest a proposed penalty assessment while responsibility for penalty filings was changing between plant managers. The former manager had resigned, and the assessment arrived six days before the new manager began. Quikrete discovered the default after outside counsel found the…

May 21, 2026
Procedural
COMM

Secretary of Labor v. Mountain Stone Aggregates

Secretary of Labor v. Mountain Stone Aggregates (FMSHRC WEST 2026-0003): Misaddressed assessment never became final

Mountain Stone asked to reopen a proposed penalty assessment that appeared to have become final. Postal tracking showed that MSHA's mailing was not delivered because the address was insufficient, and the operator reported repeated mailings to the wrong address. The Secretary did not oppose relief…

May 21, 2026
Procedural
COMM

Secretary of Labor v. Stillwater Mining Company

Secretary of Labor v. Stillwater Mining Company (FMSHRC WEST 2025-0254): Docketing-error default reopened

Stillwater was defaulted after the Commission had no record of an answer to an order to show cause. The company produced postal tracking records showing that it timely mailed an answer but had omitted the docket number, which may have prevented proper docketing. It moved to reopen within two weeks…

May 21, 2026
Procedural
COMM

Secretary of Labor v. Hoopers Creek Stone, LLC

Secretary of Labor v. Hoopers Creek Stone, LLC (FMSHRC SE 2025-0153): Unexplained default request denied

Hoopers Creek failed to answer the Secretary's penalty petition and then did not respond to an order to show cause, causing the Judge's default order to become final. The company later submitted a late answer that the Commission treated as a possible request to reopen. The filing did not explain…

May 21, 2026
Procedural
COMM

Secretary of Labor v. Paulsen Inc.

Secretary of Labor v. Paulsen Inc. (FMSHRC CENT 2026-0069): Vague reopening request denied

Paulsen asked the Commission to reopen a proposed penalty assessment that had become final after no timely contest was filed. Its aggregate division manager said the penalties were paid by mistake because she believed the citations involved another Paulsen location. The Commission found that…

May 21, 2026
Procedural
COMM

Secretary of Labor v. Nally & Hamilton Enterprises, Inc.

Secretary of Labor v. Nally & Hamilton Enterprises, Inc. (FMSHRC KENT 2026-0007): Six reopening motions denied

Nally sought to reopen six penalty assessments after mine personnel decided to contest them but emails to counsel were either not received or overlooked. The communication failures continued for about three months, and the company did not explain why its system failed. MSHA also sent delinquency…

May 7, 2026
Procedural
COMM

Secretary of Labor v. Kalamazoo Materials, Inc.

Secretary of Labor v. Kalamazoo Materials, Inc. (FMSHRC WEST 2025-0326): Unexplained reopening request denied

Kalamazoo did not contest a proposed penalty assessment within 30 days, and MSHA later sent both a delinquency letter and a warning about escalating unpaid penalties. The company eventually forwarded the warning letter and a list of citations to the Commission, which treated the submission as a…

March 9, 2026
Procedural
COMM

Secretary of Labor v. Smart Sand, Inc.

Secretary of Labor v. Smart Sand, Inc. (FMSHRC LAKE 2025-0274): Calendaring-error contest reopened

Smart Sand and its counsel decided to contest one citation, but the deadline was not calendared after a paralegal's recent departure. Counsel discovered the missed contest while proactively reviewing MSHA's data system and moved to reopen within two weeks. An affidavit documented the error, and the…

March 9, 2026
Procedural
COMM

Secretary of Labor v. Bourbeau Aggregate, LLC

Secretary of Labor v. Bourbeau Aggregate, LLC (FMSHRC YORK 2025-0059): Conference-request default left final

Bourbeau received a proposed assessment but sent a conference request through a trade association instead of filing the required penalty contest. It waited for an MSHA response and sought reopening after a Treasury collection letter arrived. The Commission majority held that the motion did not…

February 12, 2026
Procedural
COMM

Secretary of Labor v. Cyber Square

Secretary of Labor v. Cyber Square (FMSHRC CENT 2025-0127): Missing assessment reopened

Cyber Square received two copies of one $610 assessment but could not locate a different $4,084 assessment containing three citations it intended to contest. It discovered the missing assessment when later paperwork showed the citations as final and immediately contacted MSHA. The company filed its…

February 10, 2026
Procedural
COMM

Secretary of Labor v. DelHur Industries, Inc.

Secretary of Labor v. DelHur Industries, Inc. (FMSHRC CENT 2025-0269): Post-office delivery delay excused

MSHA treated DelHur's assessment as delivered when it reached the local post office serving the company's post-office box. DelHur said it did not actually receive the assessment until 12 days later and calculated its contest deadline from that date. The company mailed its contest within that…

February 4, 2026
Procedural
COMM

Secretary of Labor v. Ramsey Hill Exploration, LLC

Secretary of Labor v. Ramsey Hill Exploration, LLC (FMSHRC CENT 2026-0005): Delayed assessment challenge denied

Ramsey Hill timely contested an underlying withdrawal order and several related assessments but failed to contest the assessment tied to that order. The company offered two inconsistent explanations: management believed the assessment was already among those contested, while counsel believed MSHA…

January 29, 2026
Procedural
COMM

Secretary of Labor v. The Monarch Cement Company

Secretary of Labor v. The Monarch Cement Company (FMSHRC CENT 2025-0331): Inspection-workload excuse rejected

Monarch Cement failed to contest an assessment because personnel set it aside while they were occupied with an MSHA inspection. The Secretary opposed reopening. The Commission held that MSHA inspections are routine events and that operators must maintain procedures for handling recurring Mine Act…

January 29, 2026
Procedural
COMM

Secretary of Labor v. Gordon Sand Co.

Secretary of Labor v. Gordon Sand Co. (FMSHRC WEST 2023-0055): Long delinquency history defeats reopening

Gordon Sand sought reopening after MSHA issued a separate citation for failure to pay more than $25,000 in outstanding penalties. The company attributed its difficulties to the 2020 death of the person who had handled mining matters but did not describe a replacement process for assessments. The…

January 27, 2026
Procedural
COMM

Secretary of Labor v. Tehachapi Cement, LLC

Secretary of Labor v. Tehachapi Cement, LLC (FMSHRC WEST 2025-0145): New-manager filing mistake excused

A recently assigned safety manager believed MSHA's penalty office would forward Tehachapi's contest for 15 penalties to the correct division. While checking another mine, he realized that he had not followed the proper contest procedure. He sent the assessment to counsel the next day, and counsel…

January 12, 2026
Procedural
COMM

Secretary of Labor v. American Soda, LLC

Secretary of Labor v. American Soda, LLC (FMSHRC WEST 2025-0115): Unchecked contest box excused

American Soda intended to contest seven citations, but an office assistant failed to check the box for one citation on the submitted contest form. The safety manager discovered the omission and the company filed for reopening two days later. The Secretary did not oppose relief, noting the…

January 12, 2026
Procedural
COMM

Secretary of Labor v. JW Construction Company, Inc.

Secretary of Labor v. JW Construction Company, Inc. (FMSHRC VA 2025-0025): Holiday-disruption default reopened

JW Construction's safety director reviewed an assessment after holiday absences and a snow and ice storm but delayed acting on it. His attention was then redirected to an MSHA individual-liability investigation involving a serious nonfatal accident and related interviews. The company filed its…

January 12, 2026
Procedural
COMM

Secretary of Labor v. Warrior Met Coal Mining, LLC

Secretary of Labor v. Warrior Met Coal Mining, LLC (FMSHRC SE 2025-0082): Returned assessment held nonfinal

Warrior Met said it did not receive the proposed assessment before the contest deadline. Postal tracking showed that the assessment went out for delivery but was marked for return to sender the same day and later returned to the post office. The Secretary could not confirm delivery and did not…

January 6, 2026
Procedural
COMM

Secretary of Labor v. Rush County Stone Co., Inc.

Secretary of Labor v. Rush County Stone Co., Inc. (FMSHRC LAKE 2025-0270): One-day deadline typo excused

Rush County decided to contest an assessment, but its attorney mistyped the deadline in the firm's scheduling system as May 29 instead of May 28. Counsel filed on the mistaken date and sought reopening 21 days after MSHA reported the one-day default. The Secretary did not oppose relief. The firm…

January 6, 2026
Procedural
COMM

Secretary of Labor v. Mountain Stone Aggregate

Secretary of Labor v. Mountain Stone Aggregate (FMSHRC WEST 2025-0262): Wrong-address assessment held nonfinal

Mountain Stone said MSHA mailed its proposed assessment to an address different from the current address shown on the company's official form. The Secretary could not confirm that the assessment was delivered to or received by the operator and did not oppose relief. The Commission held that the…

January 5, 2026
Procedural
COMM

Secretary of Labor v. Patton Mining LLC

Secretary of Labor v. Patton Mining LLC (FMSHRC LAKE 2025-0199): Misplaced assessment reopened

A proposed assessment was placed on the safety manager's desk while he was away and apparently fell between the desk and wall. The manager found it four days after the contest deadline, and the company received a delinquency notice several days later. Patton investigated the handling failure…

January 5, 2026
Procedural
COMM

Secretary of Labor v. U.S. Aggregates, Inc.

Secretary of Labor v. U.S. Aggregates, Inc. (FMSHRC LAKE 2025-0315): Five-month reopening delay denied

U.S. Aggregates timely contested two citations issued after a miner was fatally electrocuted but did not separately contest the later proposed penalties. The company discovered the final penalties in MSHA's database, attempted an untimely email contest, and acknowledged the need for a Commission…

December 18, 2025
Procedural
COMM

Secretary of Labor v. Wyo-Ben, Inc.

Secretary of Labor v. Wyo-Ben, Inc. (FMSHRC WEST 2023-0320): Missing delivered assessment reopened

Wyo-Ben timely contested a citation but could not locate the later penalty assessment, which postal records showed had been retrieved from its address. When the expected assessment still had not surfaced, the vice president proactively checked MSHA's database and discovered that it had become…

December 8, 2025
Procedural
COMM

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2025-0041): Holiday extended contest deadline

Consol received a proposed penalty assessment on October 10, 2024, and submitted its contest on November 11. The Secretary treated November 9 as the deadline and argued that the assessment had become final. The Commission applied Federal Rule of Civil Procedure 6(a), because the thirtieth day was a…

September 15, 2025
Procedural
COMM

Secretary of Labor v. Gentry Mountain Mining, LLC

Secretary of Labor v. Gentry Mountain Mining, LLC (FMSHRC WEST 2025-0285): One-day-late contest reopened

MSHA mailed Gentry Mountain Mining's proposed penalty assessment to an old address that still appeared on one of the operator's legal identity records. Gentry said its current address had been used for years and that it requested a hearing within 30 days after learning of the assessment. The…

September 3, 2025
Procedural
COMM

Secretary of Labor v. Heidelberg Materials US Cement LLC

Secretary of Labor v. Heidelberg Materials US Cement LLC (FMSHRC LAKE 2025-0129): Receipt denial contradicted

Heidelberg Materials asked to reopen a penalty assessment after its safety manager said the mine never received it. MSHA showed that the assessment went to the current address of record and that the plant manager signed for delivery. The Commission found Heidelberg's explanation cursory and…

September 3, 2025
Procedural
COMM

Secretary of Labor v. Hard Rock Sand and Gravel

Secretary of Labor v. Hard Rock Sand and Gravel (FMSHRC CENT 2025-0288): Change of mind did not reopen penalties

Hard Rock Sand and Gravel did not contest proposed penalties when they arrived because it wanted to see the effect of earlier citations, then later decided it should contest. It also said it missed an email from its bookkeeper. The Commission held that changing one's mind is not a basis for Rule…

September 3, 2025
Procedural
COMM

Secretary of Labor v. Ohio County Coal Resources, Inc.

Secretary of Labor v. Ohio County Coal Resources, Inc. (FMSHRC WEVA 2025-0220): Mail backlog supported reopening

A temporary problem with MSHA's mail provider interrupted Ohio County Coal Resources' receipt of proposed assessments for several months. When delivery resumed, a larger-than-normal batch increased the safety director's workload, and the operator paid some penalties but failed to send the contest…

August 12, 2025
Procedural
COMM

Secretary of Labor v. Prospect Mining & Development Company, LLC

Secretary of Labor v. Prospect Mining & Development Company, LLC (FMSHRC SE 2025-0075): Counsel's missed filing excused

Prospect Mining sent a proposed penalty assessment to outside counsel with instructions to contest it before the deadline. Counsel missed the filing while establishing a new law firm and moving offices. The operator sought reopening less than 30 days after the assessment became final, and the…

August 12, 2025
Procedural
COMM

Secretary of Labor v. Drake Cement, LLC

Secretary of Labor v. Drake Cement, LLC (FMSHRC WEST 2025-0144): Contest sent to payment address

Drake Cement intended to contest ten citations and mailed the contest form before the deadline, but a new safety manager sent it with the penalty payment to MSHA's payment lockbox instead of the contest office. The manager later checked MSHA's database, discovered the problem, and sent the…

August 11, 2025
Procedural
COMM

Secretary of Labor v. S&G Excavating, Inc.

Secretary of Labor v. S&G Excavating, Inc. (FMSHRC LAKE 2025-0122): Two misaddressed contests reopened

S&G Excavating mailed two penalty contests with its payments for uncontested penalties to MSHA's payment lockbox instead of the contest office. It sent the paperwork about three weeks before the deadline, then sought MSHA guidance and moved to reopen within a month after receiving delinquency…

August 11, 2025
Procedural
COMM

Secretary of Labor v. Argos Puerto Rico Corp.

Secretary of Labor v. Argos Puerto Rico Corp. (FMSHRC SE 2025-0061): Wrong ZIP code prevented finality

Argos Puerto Rico said it never received MSHA's proposed penalty assessment and asked the Commission to reopen the matter. At the Commission's request, the Secretary produced mailing records showing that MSHA used the wrong ZIP code and that multiple delivery attempts failed. Because section 105(a)…

July 31, 2025
Procedural
COMM

Secretary of Labor v. Nelson Quarries, Inc.

Secretary of Labor v. Nelson Quarries, Inc. (FMSHRC CENT 2025-0191): Undetailed contest claim rejected

Nelson Quarries said it timely tried to contest proposed penalties but may have sent the notice to the wrong MSHA office. Commissioner Baker, joined by Commissioner Marvit, found that the operator supplied no details or evidence of that attempt and had received filing instructions nine days before…

July 28, 2025
Procedural
COMM

Secretary of Labor v. MDI Mining

Secretary of Labor v. MDI Mining (FMSHRC WEST 2025-0154): Delayed assessment caused filing confusion

MDI Mining timely contested three enforcement actions in May 2024, but did not receive the related proposed penalty assessment until October. The assessment was dated July 9, which made it appear that the 30-day penalty-contest period had already expired and caused filing confusion. The Secretary…

July 1, 2025
Procedural
COMM

Secretary of Labor v. NR Hamm Quarry Inc.

Secretary of Labor v. NR Hamm Quarry Inc. (FMSHRC CENT 2025-0082): Accidental payments reopened

NR Hamm Quarry timely filed citation contests but its accounting office later paid the related proposed penalties without review by the safety department. Counsel discovered the payments only when the Commission announced plans to dismiss the pending contest cases, and the operator promptly sought…

June 6, 2025
Procedural
COMM

Secretary of Labor v. P&K Stone, LLC

Secretary of Labor v. P&K Stone, LLC (FMSHRC CENT 2024-0295): Returned assessment reopened after address update

MSHA mailed P&K Stone's assessment to its Chico, Texas address of record, but the Postal Service returned it because forwarding had expired. P&K updated its address 24 days after the failed delivery, before receiving a delinquency notice, and moved to reopen within 30 days of that notice. The…

May 7, 2025
Procedural
COMM

Secretary of Labor v. TM Crushing, LLC

Secretary of Labor v. TM Crushing, LLC (FMSHRC WEST 2024-0174): Vague staffing explanation rejected

TM Crushing said a personnel change prevented its proposed penalty assessment from reaching outside counsel before the contest deadline. The operator did not identify who changed roles, when the transition occurred, how responsibilities were covered, when the error was discovered, or what…

April 14, 2025
Procedural
COMM

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2024-0083): Timely contests misrouted by MSHA

Consol Pennsylvania Coal mailed two penalty contests within days after receiving the assessments, and MSHA's Arlington mail room received them before the deadline. An internal MSHA error kept the forms from reaching the Civil Penalty Compliance Office, leading to delinquency letters. The Secretary…

April 14, 2025
Procedural
COMM

Secretary of Labor v. Thomas Crushing, LLC

Secretary of Labor v. Thomas Crushing, LLC (FMSHRC CENT 2024-0238): Omitted MSHA guidance defeated reopening

Thomas Crushing claimed it believed an earlier conference request counted as a penalty contest because MSHA never followed up. MSHA records showed that an official had called the operator the same day, explained how to contest after receiving the assessment, and received an email confirming the…

April 14, 2025
Procedural
COMM

Secretary of Labor v. Kiewit Mining Group

Secretary of Labor v. Kiewit Mining Group (FMSHRC WEST 2024-0270): Unexplained address lapse defeated reopening

The Postal Service could not deliver Kiewit's proposed assessment because the company had moved without leaving a forwarding address. Kiewit cited a corporate-office miscommunication but did not say when the move occurred or explain why repeated quarterly prompts had not led it to update its MSHA…

April 8, 2025
Procedural
COMM

Secretary of Labor v. Mitsubishi Cement Corporation

Secretary of Labor v. Mitsubishi Cement Corporation (FMSHRC WEST 2024-0268): Duplicate mailing confusion supported reopening

Mitsubishi prepared two similar packages containing its contest form for 13 citations. One package also held the payment check and went to MSHA's St. Louis lockbox, while the other held a check copy and was sent to Arlington, but MSHA did not receive the Arlington contest. The Secretary did not…

April 8, 2025
Procedural
COMM

Secretary of Labor v. Holcim (US) Incorporated

Secretary of Labor v. Holcim (US) Incorporated (FMSHRC SE 2024-0173): Temporary mail staffing supported reopening

Holcim's plant and safety managers did not receive an assessment covering 17 citations after the administrative assistant responsible for mail was terminated. A temporary employee handled mail along with other duties, and the safety manager discovered the assessment while checking MSHA's database…

April 8, 2025
Procedural
COMM

Secretary of Labor v. Cook Stone Company, LLC

Secretary of Labor v. Cook Stone Company, LLC (FMSHRC SE 2024-0152): Counsel's case mix-up excused

Cook Stone promptly sent its assessment to outside counsel with instructions to contest it. An attorney confused the assessment with another operator's matter and mistakenly reported that Cook Stone's contest had been filed. Cook Stone had already filed pre-penalty contests for the five citations…

April 7, 2025
Procedural
COMM

Secretary of Labor v. Staker & Parson Companies

Secretary of Labor v. Staker & Parson Companies (FMSHRC WEST 2025-0013): Repeated omission defeated reopening

Staker & Parson timely contested 27 of 28 citations but later said it had intended to contest the omitted order too. Its assessment form did not select the contest-all option, and two separate citation lists in its cover letter also omitted the order. The operator additionally waited more than two…

April 1, 2025
Procedural
COMM

Secretary of Labor v. Heidelberg Materials Northeast, LLC

Secretary of Labor v. Heidelberg Materials Northeast, LLC (FMSHRC PENN 2024-0094): Multiple routing failures defeated reopening

Heidelberg's assessment passed through a new safety coordinator and eventually reached an area manager who was often away from his office. The coordinator did not notify the manager, the assessment's six-week internal routing delay was unexplained, and the manager calculated the deadline from an…

April 1, 2025
Procedural
COMM

Secretary of Labor v. Carmeuse Lime and Stone, Inc.

Secretary of Labor v. Carmeuse Lime and Stone, Inc. (FMSHRC LAKE 2024-0255): Eighth citation omission excused

Carmeuse consistently marked and identified an eighth citation for contest, but conflicting counts in its emails led counsel's paralegal to prepare a form covering only the first seven marked citations. The paralegal found the omission immediately upon receiving the penalty petition, and counsel…

April 1, 2025
Procedural
COMM

Secretary of Labor v. Croell, Inc.

Secretary of Labor v. Croell, Inc. (FMSHRC WEST 2024-0333): First misaddressed contest reopened

Croell intended to contest two citations but mailed the contest form with payment for four uncontested citations to MSHA's St. Louis lockbox instead of the contest office. It sent the paperwork about three weeks before the deadline and moved to reopen about three weeks after receiving a delinquency…

March 21, 2025
Procedural
COMM

Secretary of Labor v. Canyon Fuel Company, LLC

Secretary of Labor v. Canyon Fuel Company, LLC (FMSHRC WEST 2024-0184): Missed counsel referral reopened

Canyon Fuel failed to forward the relevant proposed penalties to counsel for the next step in contesting them. It sought reopening promptly after discovering the mistake. The Secretary withdrew her opposition to help facilitate a broader settlement involving other cases. The majority reopened the…

March 21, 2025
Procedural
COMM

Secretary of Labor v. Cobleskill Stone Products, Inc.

Secretary of Labor v. Cobleskill Stone Products, Inc. (FMSHRC YORK 2024-0055): Contest mailed with payment reopened

Cobleskill Stone Products paid two citations and intended to contest a third, but mailed the contest form with its payment to MSHA's St. Louis lockbox instead of the Arlington contest office. It moved to reopen within 30 days after the assessment became final. The Secretary did not oppose. The…

March 11, 2025
Procedural
COMM

Secretary of Labor v. Peabody Gateway North Mining, LLC

Secretary of Labor v. Peabody Gateway North Mining, LLC (FMSHRC LAKE 2024-0194): Repeated filing failures barred reopening

Peabody's recently hired safety manager and a consultant decided to contest an assessment but did not know the filing procedure or who was responsible. The contest arrived late. The Commission noted that Peabody had filed two other reopening motions in recent years after different missed deadlines…

March 11, 2025
Procedural
COMM

Secretary of Labor v. Carver Sand & Gravel, LLC

Secretary of Labor v. Carver Sand & Gravel, LLC (FMSHRC YORK 2024-0049): Paid assessment could not be reopened

Carver Sand & Gravel sought to reopen an assessment after its contest was rejected as late. USPS records showed that a company representative signed for the assessment on March 9, 2024, making the contest due April 8, while Carver Sand asserted that it received the assessment on March 11. Before…

February 27, 2025
Procedural
COMM

Secretary of Labor v. Greenbrier Minerals, LLC

Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2024-0163): One-day-late contest reopened

Greenbrier Minerals filed its penalty contest one day after the thirty-day deadline. It attributed the delay to its safety specialist’s unusually heavy workload, short staffing, and the death of the safety manager’s mother. Greenbrier sought reopening promptly, and the Secretary did not oppose. The…

January 15, 2025
Remanded
COMM

Secretary of Labor v. Potter South East, LLC

Secretary of Labor v. Potter South East, LLC (FMSHRC SE 2024-0080): Repeated deficient reopening motions denied

Potter South East sought to reopen three final penalty assessments with a one-sentence motion stating that the penalty amount was a surprise and that it had implemented corrective procedures. The motion did not explain why the contests were late or why Potter delayed after receiving delinquency…

January 15, 2025
Procedural
COMM

Secretary of Labor v. Tata Chemicals Soda Ash Partners, LLC

Secretary of Labor v. Tata Chemicals Soda Ash Partners, LLC (FMSHRC WEST 2024-0151): Due-date mistake justified reopening

Tata Chemicals retrieved a proposed assessment from its post office four days after delivery and calculated the contest deadline from the pickup date. Its contest of the unpaid penalties was five days late under the actual delivery date. Tata supplemented its reopening motion to explain the…

January 6, 2025
Remanded
COMM

Secretary of Labor v. L Rock Industries, Inc.

Secretary of Labor v. L Rock Industries, Inc. (FMSHRC WEST 2023-0348): Vague mail explanation did not reopen default

L Rock Industries defaulted after failing to answer a penalty petition and the Chief Judge’s order to show cause. It sought reopening by stating that it had mailed a conference request and had experienced confusion receiving MSHA mail after an ownership change. The Secretary responded that the…

January 6, 2025
Procedural

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.