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. Barrick Turquoise Ridge, Inc.
Secretary of Labor v. Barrick Turquoise Ridge, Inc. (FMSHRC WEST 2015-898 M): Contest omitted through office misunderstanding reopened
Barrick's safety staff expected its accounting office to send a contest form together with payment for the citations the company accepted. Accounting followed its normal practice of sending only the $5,309 payment, so no contest reached MSHA by the deadline. The Commission explained that partial…
Secretary of Labor v. FLSmidth, Inc.
Secretary of Labor v. FLSmidth, Inc. (FMSHRC WEST 2015-863 M): Paid contest sent to payment office reopened
FLSmidth sent payment for uncontested citations and its notice contesting other citations to MSHA's St. Louis payment office. After a delinquency notice exposed the mistake, the company paid the remaining balance to avoid delinquent status while preserving its desire to contest. The Secretary…
Secretary of Labor v. United States Steel Corporation
Secretary of Labor v. United States Steel Corporation (FMSHRC LAKE 2015-610 M, et al.): Two contests mailed to payment center reopened
U.S. Steel timely prepared contests for two proposed penalty assessments but sent them to MSHA's St. Louis Payment Center instead of the Civil Penalty Compliance Office in Arlington. Both assessments became final, and MSHA later sent delinquency notices. U.S. Steel retrained the responsible…
Secretary of Labor v. Lee Mechanical Contractors
Secretary of Labor v. Lee Mechanical Contractors (FMSHRC CENT 2015-522 M, et al.): Two contests sent to wrong MSHA office reopened
Lee Mechanical Contractors timely prepared contests for two proposed penalty assessments but mailed both to MSHA's St. Louis payment center instead of the Civil Penalty Compliance Office in Arlington. The company discovered the first error after receiving a delinquency notice and found the second…
Secretary of Labor v. Eastern Associated Coal, LLC
Secretary of Labor v. Eastern Associated Coal, LLC (FMSHRC WEVA 2016-0061): Unexplained processing error excused and assessment reopened
Eastern Associated Coal missed the 30-day deadline to contest a proposed penalty assessment, attributing the failure to an undetermined clerical, mailing, or internal processing error. The Secretary did not oppose reopening but cautioned that the operator's office procedures were inadequate. Guided…
Secretary of Labor v. Eastern Associated Coal, LLC
Secretary of Labor v. Eastern Associated Coal, LLC (FMSHRC WEVA 2014-2171): Clerical or mailing error supported reopening
Eastern Associated Coal failed to contest a proposed penalty assessment within 30 days and said an undetermined clerical or mailing error caused the default. The Secretary did not oppose reopening but described the operator's office procedures as inadequate or sloppy and urged greater care. Guided…
Secretary of Labor v. Castle Valley Mining, LLC
Secretary of Labor v. Castle Valley Mining, LLC (FMSHRC WEST 2015-184): Mailed penalty contest reopened
Castle Valley Mining failed to contest a proposed penalty assessment within 30 days, causing it to become a final Commission order. The company asserted in a revised motion and supporting affidavit that it had timely sent the contest by first-class mail, although MSHA had no record of receiving it…
Secretary of Labor v. United States Steel Corporation
Secretary of Labor v. United States Steel Corporation (FMSHRC LAKE 2015-544-M, et al.): Two misdirected contests reopened
U.S. Steel failed to complete timely contests of two proposed penalty assessments, causing them to become final Commission orders. The company said it had prepared the contests on time but sent them to MSHA's payment center instead of the Civil Penalty Compliance Office. U.S. Steel retrained its…
Secretary of Labor v. KenAmerican Resources, Inc.
Secretary of Labor v. KenAmerican Resources, Inc. (FMSHRC KENT 2015-549): Misdirected penalty contest reopened
KenAmerican Resources failed to contest a proposed penalty assessment within 30 days, causing it to become a final Commission order. The employee who normally handled MSHA contests was out of the office for a serious medical issue, and an inexperienced substitute sent the contest to MSHA's payment…
Jones Bros Mfg, Inc. v. Secretary of Labor
Jones Bros Mfg, Inc. v. Secretary of Labor (FMSHRC CENT 2015-386-RM): Late imminent-danger contest allowed
Jones Bros sought review of an imminent-danger withdrawal order after the 30-day contest deadline had passed. The company had timely contested a related citation but said it lacked prior experience and did not understand that the withdrawal order had a separate deadline. Counsel later explained the…
Secretary of Labor v. Lee Mechanical Contractors, Inc.
Secretary of Labor v. Lee Mechanical Contractors, Inc. (FMSHRC SE 2015-43-M): Abandoned paperwork supported reopening
Lee Mechanical's safety coordinator delegated a penalty contest to an accounts-payable employee because of a heavy workload. The employee resigned unexpectedly, and the company discovered that the contest and other paperwork had not been completed or mailed. Lee changed its filing procedures, and…
Secretary of Labor v. U.S. Silica Company
Secretary of Labor v. U.S. Silica Company (FMSHRC LAKE 2015-374-M): Impact-inspection workload did not excuse late contest
U.S. Silica missed a penalty-contest deadline while handling added paperwork and responsibilities from an impact inspection. Its counsel had contacted the company around the deadline, and the company stated that it intended to contest, but it still waited 38 days after finality to seek reopening…
Secretary of Labor v. Thelen Sand & Gravel, Inc.
Secretary of Labor v. Thelen Sand & Gravel, Inc. (FMSHRC LAKE 2015-221-M): Counsel's leave supported reopening
Thelen Sand & Gravel's general counsel took a leave of absence, and the company's president assumed responsibility for reviewing MSHA assessments. The first assessment received during that period was not routed directly to him, and he could not locate it despite intending to contest the citation…
Secretary of Labor v. Southern Ohio Sand
Secretary of Labor v. Southern Ohio Sand (FMSHRC LAKE 2015-193-M): Missing assessment supported reopening
Southern Ohio Sand said it did not receive a proposed penalty assessment before the contest deadline. When it contacted MSHA and obtained a copy, it mailed a contest the same day, which the Secretary confirmed. The operator then changed its contest procedures, and the Secretary did not oppose…
Secretary of Labor v. Apogee Coal Company, LLC
Secretary of Labor v. Apogee Coal Company, LLC (FMSHRC WEVA 2015-608): Reopening denied as more than one year late
Apogee Coal Company asked the Commission to reopen a penalty assessment that had become a final order after the company did not timely contest it. Apogee attributed the missed deadline to a clerical error and noted that it had contested the underlying citation. The Commission explained that…
Secretary of Labor v. Chase Crushing, LLC
Secretary of Labor v. Chase Crushing, LLC (FMSHRC WEST 2015-762-M): Reopening denied for unexplained delay
Chase Crushing asked the Commission to reopen a penalty assessment that became a final order after the company did not timely contest it. Chase said the failure to contest was inadvertent. MSHA later sent a delinquency notice, but Chase waited more than 30 days to seek reopening. Because Chase did…
Secretary of Labor v. South River Stone, LLC
Secretary of Labor v. South River Stone, LLC (FMSHRC VA 2015-287-M): Reopening denied for unexplained delay
South River Stone asked the Commission to reopen a penalty assessment that became final after the company did not timely contest it. The company explained that the employee responsible for reviewing assessments was on leave because of a family illness when the assessment arrived. MSHA later sent a…
Secretary of Labor v. Highland Mining Company, LLC
Secretary of Labor v. Highland Mining Company, LLC (FMSHRC KENT 2015-643): Reopening motion withdrawn
Highland Mining filed a motion asking the Commission to reopen this docket. The company later asked to withdraw that motion. The Commission granted withdrawal and dismissed the case without addressing whether reopening would otherwise have been justified.
Secretary of Labor v. Specialty Sand Company
Secretary of Labor v. Specialty Sand Company (FMSHRC CENT 2015-169-M): Reopening denied for unexplained delay
Specialty Sand Company asked the Commission to reopen a final penalty assessment, saying that it never received the proposed assessment. The company intended to pay the full amount and sought reopening only to avoid collection costs. MSHA had sent a delinquency notice, but Specialty waited more…
Secretary of Labor v. C.R. Briggs
Secretary of Labor v. C.R. Briggs (FMSHRC WEST 2015-82-M): Misrouted penalty contest reopened
C.R. Briggs did not contest a proposed penalty assessment within 30 days, so the assessment became a final Commission order. The operator said an internal processing error caused the delay and supplied letters showing that it sent a partial payment and apparently the contest form to MSHA's payment…
Secretary of Labor v. Dyer Quarry, Inc.
Secretary of Labor v. Dyer Quarry, Inc. (FMSHRC PENN 2015-113-M): Address-change penalty default reopened
Dyer Quarry did not timely contest a proposed penalty assessment, so the assessment became a final Commission order. The operator said it never received the assessment because its address had changed. Dyer later updated its address of record with MSHA, and the Secretary did not oppose reopening…
Secretary of Labor v. Clarkson Construction Company, Inc.
Secretary of Labor v. Clarkson Construction Company, Inc. (FMSHRC CENT 2015-82 M): Two-day-late penalty contest reopened
Clarkson Construction failed to contest a proposed penalty assessment within 30 days, making the assessment a final Commission order. The company's safety director believed counsel would file the contest, while counsel believed the safety director had already filed it. That miscommunication caused…
Secretary of Labor v. Byrne Sand & Gravel Co., Inc.
Secretary of Labor v. Byrne Sand & Gravel Co., Inc. (FMSHRC YORK 2014-192-M): Crossed responsibility supported reopening
Byrne Sand & Gravel did not contest a proposed penalty assessment within 30 days, so the assessment became a final Commission order. The company explained that its treasurer believed the general manager would file the contest, while the general manager believed the treasurer would handle it. The…
Secretary of Labor v. Noranda Alumina, LLC
Secretary of Labor v. Noranda Alumina, LLC (FMSHRC CENT 2015-71-M): Paid assessment not reopened
Noranda Alumina paid a proposed penalty assessment in full instead of contesting it. The employee who normally handled assessments had left the company on the day it arrived, and replacement staff treated the assessment as an ordinary bill despite repeated contest instructions and a separate notice…
Secretary of Labor v. Mid-Valley Gravel Company
Secretary of Labor v. Mid-Valley Gravel Company (FMSHRC WEST 2015-137-M): Signed delivery defeated nonreceipt claim
Mid-Valley Gravel asked to reopen a final penalty assessment, claiming that it never received the proposed assessment. The Secretary produced delivery records showing that the company's corporate secretary, who was also designated to handle health and safety matters, signed for it. A later…
Secretary of Labor v. Manalapan Mining Company, Inc.
Secretary of Labor v. Manalapan Mining Company, Inc. (FMSHRC KENT 2015-129, et al.): Three late reopening motions denied
Manalapan Mining sought to reopen three penalty assessments for unwarrantable-failure violations at separate mines. The company admitted receiving the assessments but said it could no longer locate them, and it waited 256 days after they became final to seek relief. The Commission found that…
Secretary of Labor v. O & G Industries, Inc.
Secretary of Labor v. O & G Industries, Inc. (FMSHRC YORK 2015-89-M): Contest mailed with payment reopened
O & G Industries intended to contest part of a proposed penalty assessment but mailed the contest form with its partial payment to MSHA's payment office. Because that office was not the designated contest address, the assessment became a final Commission order. The Secretary did not oppose…
Secretary of Labor v. Emerald Processing, LLC
Secretary of Labor v. Emerald Processing, LLC (FMSHRC WEVA 2014-2201): Three-day deadline miscalculation excused
Emerald Processing missed the penalty-contest deadline by three days. The company explained that a warehouse technician who received the assessment departed from the established procedure and miscalculated the due date. The Secretary did not oppose reopening but urged the operator to handle future…
Secretary of Labor v. Howard R. Hensley, employed by Mill Branch Coal Co.
Secretary of Labor v. Howard R. Hensley (FMSHRC VA 2015-29): Individual penalty reopened after address change
Howard Hensley did not timely contest an individual penalty assessment under section 110(c). He said he never received the assessment because his home address had changed, and postal records showed that the mail was refused and returned to MSHA because the addressee was unknown. The Secretary did…
Secretary of Labor v. Elmore Sand & Gravel, Inc.
Secretary of Labor v. Elmore Sand & Gravel, Inc. (FMSHRC SE 2015-25-M): Resignation-related contest default reopened
Elmore Sand & Gravel's safety director resigned near the time a proposed penalty assessment arrived and did not tell anyone about it. The company submitted the contest form one day after the assessment became final, and counsel's travel contributed to delay in filing the reopening motion. Elmore…
Secretary of Labor v. Empresas Ortiz Brunet, Inc.
Secretary of Labor v. Empresas Ortiz Brunet, Inc. (FMSHRC SE 2015-144-M): Case confusion supported reopening
Empresas Ortiz Brunet failed to submit a penalty-contest form because confusion with other cases led the company to believe the form had already been sent. The company contacted MSHA to resolve the matter a little more than a month after the assessment became final. The Secretary did not oppose…
Secretary of Labor v. J.M. Huber Corporation
Secretary of Labor v. J.M. Huber Corporation (FMSHRC LAKE 2014-719-M): Omitted contest form supported reopening
J.M. Huber made a partial payment on a proposed penalty assessment but mistakenly failed to submit the contest form for the remaining penalties. The assessment therefore became a final Commission order. The Secretary did not oppose reopening but urged the company to submit future contests on time…
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.