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 on behalf of Nicholas Rubio v. Castle Mountain Venture
Secretary of Labor on behalf of Nicholas Rubio v. Castle Mountain Venture (FMSHRC WEST 2024-0283): Blanket settlement seal vacated
The Secretary and Castle Mountain settled a miner discrimination complaint, and the operator asked to seal the entire settlement based on an unspecified business interest and a separate confidentiality agreement with the miner. The Administrative Law Judge granted that request over the Secretary's…
Secretary of Labor on behalf of Brek Pinkerton v. RMC Mining Development, LLC, et al.
Secretary of Labor on behalf of Brek Pinkerton v. RMC Mining Development, LLC, et al. (FMSHRC WEST 2024-0114): Default reopening denied
Matthew Head asked the Commission to reopen a default decision finding Mine Act discrimination and imposing a $30,000 civil penalty plus $88,497 in damages. He argued that he missed notices sent to an old business email, misunderstood which respondent would handle the case, and believed parts of…
Secretary of Labor on behalf of Paul Kirk v. CEMEX Construction Materials Florida, LLC
Secretary of Labor on behalf of Paul Kirk v. CEMEX Construction Materials Florida, LLC (FMSHRC SE 2023-0007): Discipline for kiln-dust complaint found discriminatory
Paul Kirk, an electrician and union president at CEMEX's cement plant, raised concerns about hot dust escaping from a kiln and interrupted a management meeting when he believed the problem had not been addressed. MSHA inspected after an anonymous complaint and cited the plant for kiln conditions…
Secretary of Labor on behalf of Michael Cook v. Panther Creek Mining, LLC
Secretary of Labor on behalf of Michael Cook v. Panther Creek Mining, LLC (FMSHRC WEVA 2023-0337): Part 90 miner awarded lost pay
Michael Cook exercised his Part 90 right to transfer away from excessive coal-dust exposure, moving from a ten-hour continuous-miner-operator schedule to an eight-hour mine-examiner schedule. Panther Creek kept his hourly wage unchanged, but Cook worked 13 fewer hours and lost $761.67 before a…
Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer, LLC d/b/a American Tripoli
Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Review directed on discrimination and interference law
The Commission directed review on its own initiative of the ALJ's May 23, 2024 decision in Robert Baumann's case against American Tripoli. It identified a possible legal error concerning the meaning and application of the Mine Act's discrimination and interference protections. The review would also…
Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer LLC dba American Tripoli
Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Discrimination and interference violations proven
Robert Baumann served as a miners' representative and repeatedly raised safety concerns at American Tripoli's mill before the company terminated him. The judge found that his protected activity was the reason for the discharge and rejected the company's performance explanations as not credible. He…
Secretary of Labor obo Kenneth M. Adkins v. Greenbrier Minerals, LLC
Secretary of Labor obo Kenneth M. Adkins v. Greenbrier Minerals, LLC (FMSHRC WEVA 2024-0248): Equipment operator temporarily reinstated
Kenneth Adkins repeatedly documented safety problems with his assigned dozer, and an MSHA inspection followed after his wife reported the conditions. He later complained that reassignment to haul-truck work was retaliation and was terminated after a dispute about a work assignment. At the…
Secretary of Labor obo James Louis Groves v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor obo James Louis Groves v. Consol Pennsylvania Coal Company (FMSHRC PENN 2023-0049): Default denied and late answer accepted
The Secretary sought default judgment after Consol Pennsylvania Coal did not answer a discrimination complaint by the deadline. Consol's original attorney stated under oath that the electronically sent complaint and related emails never reached his inbox, and new counsel filed an answer after…
Cactus Canyon Quarries, Inc. v. Secretary of Labor
Cactus Canyon Quarries, Inc. v. Secretary of Labor (FMSHRC CENT 2023-0068): Mine-ID petition dismissed for lack of jurisdiction
Cactus Canyon asked the Commission to compel MSHA to issue identification numbers for ten intermittent surface mines, framing its filing as a contest proceeding. The Judge held that Commission contest jurisdiction is limited to specified citations, orders, penalty assessments, abatement periods…
Secretary of Labor on behalf of Tara Otten v. Continental Cement Company, LLC
Secretary of Labor on behalf of Tara Otten v. Continental Cement Company, LLC (FMSHRC CENT 2021-0013): Walkaround representative awarded lost upgrade pay
Tara Otten was a laborer and miners' representative at Continental Cement's Hannibal Underground Mine. While she accompanied MSHA inspectors, the company paid her regular laborer rate instead of the higher mobile-equipment rate she would have received under its seniority practices if she had…
Secretary of Labor obo Barbara E. Cassidy v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor obo Barbara E. Cassidy v. Consol Pennsylvania Coal Company (FMSHRC PENN 2020-0101): Safety-report retaliation proven
Barbara Cassidy, a section supervisor at Consol's Enlow Fork Mine, raised concerns about shortages of personnel rides, emergency transportation, and roof-bolting practices. Management counseled her after two safety emails and later imposed an unpaid suspension following a loud disagreement with her…
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC (FMSHRC WEVA 2021-0203): Fire boss temporarily reinstated
Roger Cook, a fire boss at Rockwell Mining's Eagle #3 Mine, locked and tagged out a pump cable after finding that its ground-monitor protection had been bypassed. He then discussed the condition with an MSHA inspector in front of mine management. Rockwell suspended Cook the next day and terminated…
Matthew Bane v. Denison Mines (USA) Corp., now known as Energy Fuels Resources (USA) Inc.
Matthew Bane v. Denison Mines (USA) Corp. (FMSHRC WEST 2012-1224 DM): Safety complaints did not cause layoff
Matthew Bane, an electrician at Denison's underground uranium and vanadium mine, alleged that the company laid him off because he raised safety and health concerns. Judge L. Zane Gill found that Bane engaged in protected activity by reporting a supervisor's unsafe conduct, complaining about dust…
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.