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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.

5,577 decisions and counting · Latest decision July 17, 2026
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COMM

Secretary of Labor v. Virginia Drilling Company, LLC

Secretary of Labor v. Virginia Drilling Company, LLC (FMSHRC WEVA 2019-0226): Default vacated for excusable neglect

Virginia Drilling timely contested a proposed penalty assessment but did not answer the later penalty petition or respond to an order to show cause, resulting in default. The company sought reopening shortly after receiving a delinquency notice and said it had not received an assignment and…

December 9, 2021
Remanded
COMM

Secretary of Labor v. The Quikrete Companies

Secretary of Labor v. The Quikrete Companies (FMSHRC YORK 2021-0034): Misplaced assessment reopened after COVID-19 outbreak

A proposed penalty assessment became final after Quikrete did not file a contest within 30 days. Quikrete explained that a COVID-19 outbreak left its office and plant understaffed and the assessment was inadvertently misplaced. After realizing it lacked the document, the company contacted MSHA and…

December 6, 2021
Remanded
COMM

Secretary of Labor v. Lo Down Energy, Inc.

Secretary of Labor v. Lo Down Energy, Inc. (FMSHRC WEVA 2021-0180): Four misplaced assessments reopened

Four proposed penalty assessments became final after Lo Down Energy did not contest them within 30 days. The operator had rerouted MSHA assessments to its accounting office during the COVID-19 pandemic, but employees worked there only intermittently and the documents were misplaced. Lo Down learned…

December 6, 2021
Remanded
COMM

Secretary of Labor v. Cooper Stone, LLC

Secretary of Labor v. Cooper Stone, LLC (FMSHRC CENT 2021-0131): Unreceived penalty assessment reopened

A proposed penalty assessment became final after Cooper Stone did not contest it within 30 days. The operator said it had ongoing mail-delivery problems, did not receive the assessment, and first learned about it from a later statement listing the uncontested violations. The Secretary did not…

December 6, 2021
Remanded
ALJ

Robert Thomas v. CalPortland Company and Secretary of Labor v. CalPortland Company

Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402 DM): Discrimination found under but-for causation

Robert Thomas worked as a dredge operator for CalPortland and raised concerns about excessive hours, understaffing, training, and safe work on the Sanderling Dredge. On remand from the Ninth Circuit, Judge Margaret A. Miller applied but-for causation and again found that Thomas's protected safety…

December 2, 2021 ·Margaret A. Miller
Citations affirmed
COMM

Generational Buildings, LLC

Electronic-filing default set aside

Generational Buildings timely contested a four-item serious citation and timely answered the Secretary's complaint. Eight days after the case was assigned, the judge issued a show-cause order because the small self-represented company had not registered for the Commission's electronic filing system…

December 2, 2021
Remanded
ALJ

Secretary of Labor v. Holcim (US) Inc.

Secretary of Labor v. Holcim (US) Inc. (FMSHRC YORK 2021-0023): Citation-vacatur question certified for review

Holcim and the Secretary proposed settling thirteen citations by vacating four, modifying or leaving nine unchanged, and reducing total penalties from $28,148 to $17,843. The Secretary did not provide information supporting the vacaturs or state that they were independent of the rest of the…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Greenbrier Minerals, LLC

Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2021-0294): Citation-vacatur question certified for review

Greenbrier Minerals and the Secretary proposed settling six citations by vacating two, leaving four unchanged, and reducing total penalties from $1,960 to $1,213. The Secretary relied only on asserted prosecutorial discretion as the explanation for the vacaturs. Judge Michael G. Young held that…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Crimson Oak Grove Resources LLC

Secretary of Labor v. Crimson Oak Grove Resources LLC (FMSHRC SE 2021-0134): Citation-vacatur question certified for review

Crimson Oak Grove Resources and the Secretary proposed settling five citations by vacating one, modifying or leaving four unchanged, and reducing total penalties from $29,497 to $11,672. The Secretary did not provide information supporting the vacatur or state that it was independent of the rest of…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Crimson Oak Grove Resources LLC

Secretary of Labor v. Crimson Oak Grove Resources LLC (FMSHRC SE 2021-0112): Citation-vacatur question certified for review

Crimson Oak Grove Resources and the Secretary proposed resolving three citations by vacating one, leaving two unchanged, and reducing total penalties from $1,154 to $1,029. Judge Michael G. Young treated the motion to dismiss as a settlement because the vacatur appeared tied to the operator's…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. River City Stone-DIV/Mathy Construction Co.

Secretary of Labor v. River City Stone-DIV/Mathy Construction Co. (FMSHRC LAKE 2021-0145): Citation-vacatur question certified for review

River City Stone and the Secretary proposed resolving two citations by vacating one, leaving the other unchanged, and reducing total penalties from $250 to $125. Judge Michael G. Young treated the motion to dismiss as a settlement because the vacatur appeared tied to the operator's agreement to pay…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Solvay Chemicals, Inc.

Secretary of Labor v. Solvay Chemicals, Inc. (FMSHRC WEST 2020-0278 M): Delayed injury report affirmed, negligence reduced

Solvay Chemicals operates an underground trona mine in Wyoming. A miner was struck by a roof fall while repairing a bore miner, suffered visible head injuries, and was later diagnosed with a shattered orbital socket. MSHA cited Solvay under 30 C.F.R. § 50.10(b) because management did not notify the…

November 9, 2021 ·Richard W. Manning
Modified
ALJ

Petrongolo Contractors, Inc.

Repeat cave-in protection item affirmed

Petrongolo Contractors excavated a roughly 10-foot-deep street trench to replace a sewer manhole. OSHA cited the company for allegedly failing to classify the soil when designing timber shoring and for allowing employees to work in the trench before an adequate protective system was installed. The…

November 1, 2021 ·William S. Coleman
Mixed result
ALJ

Greenbrier Central LLC

Railcar fall citation vacated for lack of fair notice

Greenbrier Central LLC manufactured tank railcars at its Marmaduke, Arkansas facility. OSHA cited the company after employees performed touchup work on railcar tops near open entry hatches without the fall protection specified by 29 C.F.R. § 1910.28(b)(3)(i), and proposed a $10,603 penalty. The…

October 7, 2021 ·John B. Gatto
Citations vacated
ALJ

Premier Roofing LLC, d/b/a Premier Roofing Co.

Roofing violations affirmed on summary judgment

Premier Roofing served as the general contractor for residential roofing work at the Summerfield Villas in Colorado. An OSHA compliance officer observed about 20 subcontractor employees working on roofs more than six feet above the ground without fall protection, and Premier's own employees also…

October 7, 2021 ·Peggy S. Ball
Citations affirmed
COMM

Secretary of Labor v. United Taconite, LLC

Secretary of Labor v. United Taconite, LLC (FMSHRC LAKE 2020-0014): Four late-contested citations reopened

United Taconite's proposed assessment became final after an employee failed to deliver it to the safety director before the 30-day contest deadline. The company mailed a contest for four citations two days after the deadline, and the Secretary did not oppose reopening or allege bad faith. The…

September 28, 2021
Remanded
ALJ

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…

September 24, 2021 ·John Kent Lewis
Citations affirmed
ALJ

Secretary of Labor obo Darcy White v. Prairie State Generating Co.

Secretary of Labor obo Darcy White v. Prairie State Generating Co. (FMSHRC LAKE 2021-0158): Economic reinstatement remains in effect

Darcy White and Prairie State Generating had agreed to temporary economic reinstatement while the Secretary investigated her discrimination complaint. After White amended the complaint to add a staffing agency, the Secretary requested more time to investigate, and Prairie State asked the judge to…

September 24, 2021 ·Thomas P. McCarthy
Procedural
COMM

Armstrong Utilities, Inc. d/b/a Armstrong Cable Services

Electrical citation vacated for lack of employer knowledge

An Armstrong Utilities crew was installing fiber-optic cable below an energized electrical line in rural Ohio when an experienced lineman contacted the 7.8-kilovolt line and suffered electrical shocks and burns. OSHA originally cited the construction electrical standard and later alleged the…

September 24, 2021
Citations vacated
ALJ

Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC

Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC (FMSHRC WEST 2021-0148 DM): Ventilation allegation added to complaint

Miguel Pugmire alleged that Nevada Gold Mines terminated him after he removed four headings from service because of low airflow readings. Discovery produced evidence that he had also raised ventilation concerns at an earlier meeting attended by the manager who later terminated him. The Secretary…

September 9, 2021 ·Richard W. Manning
Procedural
COMM

Secretary of Labor v. Cactus Canyon Quarries, Inc.

Secretary of Labor v. Cactus Canyon Quarries, Inc. (FMSHRC CENT 2021-0090): Interlocutory review denied

Cactus Canyon Quarries sought immediate Commission review after an administrative law judge refused to certify earlier discovery and summary-judgment rulings. The Commission found that those rulings did not present a controlling question of law. It also found that immediate review would not…

September 9, 2021
Procedural
COMM

Secretary of Labor v. Champlain Stone, Ltd.

Secretary of Labor v. Champlain Stone, Ltd. (FMSHRC YORK 2021-0048): Misaddressed contest excused

Champlain Stone timely prepared a contest of proposed penalties but mailed it to MSHA's St. Louis payment office with payment for uncontested violations. The company discovered the mistake after receiving a delinquency notice and then sought reopening. The Secretary did not oppose relief but urged…

September 8, 2021
Remanded
COMM

Secretary of Labor v. Blue Mountain Minerals

Secretary of Labor v. Blue Mountain Minerals (FMSHRC WEST 2021-0182): Reopening motion dismissed as moot

Blue Mountain Minerals asked the Commission to reopen a penalty assessment that appeared to have become final because no contest was recorded. The Secretary later confirmed that the operator had timely requested a hearing and that MSHA's mail processing had delayed discovery of the contest. MSHA…

September 8, 2021
Procedural
ALJ

North American Crane & Rigging LLC

Crane swing-radius citation vacated

North American Crane & Rigging used a lattice-boom crane and an assist crane while dismantling a crane at a Massachusetts construction site. OSHA alleged that the company failed to mark the boundaries of the cranes' swing-radius hazard areas. The judge found no swing-radius hazard at the…

September 8, 2021 ·Sharon D. Calhoun
Citations vacated
COMM

Home Rubber Company, LP

Audiogram violations reduced to serious and shaft-coupling item vacated

Home Rubber manufactured specialty industrial rubber products at a New Jersey facility where an employee's hand was pulled into a mill, resulting in the surgical amputation of four fingers. OSHA's inspection produced citations covering numerous safety and health requirements. On review, the…

August 26, 2021
Mixed result
COMM

Secretary of Labor v. Marfork Coal Company, LLC

Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2021-0186): Caption correction authorized

An administrative law judge's settlement decision became final after 40 days but contained the wrong docket number in its caption. The judge asked the Commission for permission to correct the clerical error. Commission procedural rules allow correction of a clerical error in a final decision with…

August 17, 2021
Remanded
COMM

Secretary of Labor v. Solar Sources Mining, LLC

Secretary of Labor v. Solar Sources Mining, LLC (FMSHRC LAKE 2017-0099): Berm penalty reduced to $40,000

Solar Sources Mining violated the berm standard at a surface coal mine after a haul truck went over a dumpsite edge and the driver was injured while escaping. The citation's S&S, unwarrantable-failure, high-negligence, and serious-gravity findings were no longer disputed; the appeal concerned the…

August 16, 2021
Modified
COMM

Secretary of Labor v. DelHur Industries, Inc.

Secretary of Labor v. DelHur Industries, Inc. (FMSHRC WEST 2021-0107): Unreceived assessment never became final

DelHur Industries did not receive a proposed penalty assessment that the Postal Service returned to the Secretary as unclaimed. The company learned of the penalties from a delinquency letter and filed a reopening motion within 30 days. The Commission held that the assessment never became final…

August 3, 2021
Remanded
COMM

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0036): Three mailed contests reopened

Consol Pennsylvania Coal Company sought to reopen three penalty assessments after contests it said it mailed were not received. MSHA's collection office had received partial payments for the uncontested penalties, but the payments were applied to the wrong citations because the agency did not know…

August 3, 2021
Remanded
COMM

Secretary of Labor v. Buzzi Unicem USA

Secretary of Labor v. Buzzi Unicem USA (FMSHRC CENT 2021-0051 M): Mailing error excused

Buzzi Unicem intended to contest part of a proposed penalty assessment but sent the contest to MSHA's St. Louis collections office instead of agency headquarters. It learned of the error from a delinquency notice and promptly moved to reopen. The Secretary did not oppose the motion and confirmed…

August 3, 2021
Remanded
COMM

Wayne J. Sand and Gravel, Inc. v. Secretary of Labor and Secretary of Labor v. Wayne J. Sand and Gravel, Inc.

Wayne J. Sand and Gravel, Inc. v. Secretary of Labor (FMSHRC WEST 2019-0111): Sixteen-month delay bars reopening

A penalty case defaulted and the related contest was dismissed in 2019 after Wayne J. Sand and Gravel did not respond. The company waited until December 2020, more than 16 months after the orders became final, to seek reopening. It said it had not received the penalty petition or show-cause order…

August 2, 2021
Procedural
COMM

Palm Beach Aggregates LLC v. Secretary of Labor and Secretary of Labor v. Palm Beach Aggregates LLC

Palm Beach Aggregates LLC v. Secretary of Labor (FMSHRC SE 2020-0067 RM): Pandemic mail delay excused

Palm Beach Aggregates began working remotely one day before a proposed assessment arrived in March 2020. The assessment did not reach the safety director until after the contest deadline, and the company filed a contest about two weeks later. The Commission found the moderate delay excusable under…

July 30, 2021
Remanded
ALJ

Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC

Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2021-0163): Economic reinstatement granted

The Secretary sought temporary reinstatement for Jason Hargis at Vulcan Construction Materials. Vulcan did not request a hearing, and the parties agreed to economic reinstatement terms. Judge Michael G. Young found that the discrimination complaint was not frivolously brought and ordered economic…

July 29, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor obo Darcy White v. Prairie State Generating Co.

Secretary of Labor obo Darcy White v. Prairie State Generating Co. (FMSHRC LAKE 2021-0158): Economic reinstatement approved

Darcy White and Prairie State Generating reached an agreement for temporary economic reinstatement while her discrimination complaint was investigated. Judge Thomas P. McCarthy found the agreement fair, reasonable, and consistent with the Mine Act's purpose. He ordered Prairie State to provide…

July 29, 2021 ·Thomas P. McCarthy
Procedural
COMM

Roy Rock, LLC

Rebar-machine lockout citation vacated because maintenance standard did not apply

Roy Rock used a Rod Chomper machine to bend and cut reinforcing steel at a New Jersey construction site. An employee was removing a bending cylinder while the machine remained energized when it started operating, breaking one finger and cutting two others. OSHA cited the company under a…

July 22, 2021
Citations vacated
ALJ

Secretary of Labor v. Warrior Met Coal Mining, LLC

Secretary of Labor v. Warrior Met Coal Mining, LLC (FMSHRC SE 2020-0213): Twenty-one-citation settlement approved

Warrior Met Coal Mining and the Secretary proposed resolving two penalty cases by reducing total penalties from $61,707 to $33,035. Nine citations remained unchanged, while twelve were modified on injury likelihood, number of persons affected, injury severity, or negligence. Judge Thomas P…

July 14, 2021 ·Thomas P. McCarthy
Settled
COMM

Secretary of Labor v. Mingo Logan Coal, LLC

Secretary of Labor v. Mingo Logan Coal, LLC (FMSHRC WEVA 2019-0320): Unmailed contest form excused

Mingo Logan Coal's assistant safety manager timely completed a form identifying ten citations for contest. A clerical error left the completed form unmailed, and an internal audit found the mistake about six weeks after the assessment became final. The company then contacted counsel to seek…

July 13, 2021
Remanded
COMM

Secretary of Labor v. Pedrotti Materials, LLC

Secretary of Labor v. Pedrotti Materials, LLC (FMSHRC WEST 2020-0275 M): Misaddressed assessment never became final

Pedrotti Materials did not receive a proposed penalty assessment because MSHA mailed it to the wrong address. The Secretary confirmed the agency's addressing error. The Commission held that the assessment never became final because the operator had not received it, so Rule 60 reopening relief was…

July 13, 2021
Remanded
ALJ

Far From Broken Auto Sales, Inc. d/b/a/ Smart Choice Auto Sales, Inc.

Roof and ladder violations affirmed

Far From Broken Auto Sales bought, repaired, and sold used vehicles at a Florida property. Its employee replaced damaged plywood on a low-slope shed roof more than eight feet above the ground without fall protection and used an unsecured ladder placed in front of a doorway and open to vehicle…

July 1, 2021 ·John B. Gatto
Citations affirmed
ALJ

Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc.

Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc. (FMSHRC PENN 2021-0087): Temporary reinstatement granted

Ryan Lemley, a belt cleaner at Monongalia County Mine, alleged that the operator discharged him after years of reporting safety issues, accompanying inspectors, and filing complaints with MSHA. The Secretary's investigator cited those activities, management's alleged hostility, different treatment…

June 24, 2021 ·John Kent Lewis
Procedural
ALJ

Harvestland Constructors, Inc.

Fatal fall citation vacated for lack of employer knowledge

Harvestland Constructors was building a feed mill in Georgia when an experienced carpenter fell 38 feet through an uncovered floor opening and died from his injuries. The carpenter had been assigned to cover the openings and was not using the available personal fall-arrest system when he fell. The…

June 17, 2021 ·Sharon D. Calhoun
Citations vacated
COMM

Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Temporary reinstatement affirmed

Alvaro Saldivar alleged that Grimes Rock terminated him one day after his latest safety complaint and after repeated requests for equipment-specific task training. The Judge found the discrimination complaint was not frivolously brought and ordered temporary reinstatement. Grimes Rock challenged…

June 11, 2021
Citations affirmed
COMM

Robert Thomas v. Calportland Company

Robert Thomas v. Calportland Company (FMSHRC WEST 2018-0402 DM): Discrimination claim remanded for but-for analysis

Robert Thomas alleged that CalPortland suspended and terminated him because he exercised rights protected by the Mine Act. The Commission had reversed an Administrative Law Judge's finding of discrimination and dismissed the case for lack of evidence that protected activity motivated the adverse…

June 11, 2021
Remanded
ALJ

Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor v. Vulcan Construction Materials, LLC (FMSHRC SE 2020-0087-M): Brake-system citation vacated

MSHA cited Vulcan Construction Materials after an inspector heard air escaping from a water truck's rear brake chamber at the South Russellville Quarry. The service and parking brakes both held the truck, but the Secretary argued that the audible release showed a brake-system component was not…

June 7, 2021 ·Richard W. Manning
Citations vacated
COMM

Secretary of Labor v. Naselle Rock and Asphalt Company

Secretary of Labor v. Naselle Rock and Asphalt Company (FMSHRC WEST 2020-0341 M): Pandemic-delayed contests reopened

Naselle Rock and Asphalt received two proposed penalty assessments on March 23, 2020. Its offices closed one week later as a COVID-19 safety precaution, and personnel did not return until the week the assessments became final. Naselle mailed its contest forms on April 23, one day after the…

June 2, 2021
Remanded
ALJ

Secretary of Labor v. Peabody Midwest Mining, LLC and Secretary of Labor v. Michael Butler, employed by Peabody Midwest Mining, LLC

Secretary of Labor v. Peabody Midwest Mining, LLC and Michael Butler (FMSHRC LAKE 2019-0361): Methane orders affirmed and examination order modified

A contractor's drill breached old mine workings at Peabody Midwest Mining's Francisco Mine and released methane that repeatedly registered above five percent. Mine manager Michael Butler allowed six miners to continue pulling drill rods with the drill energized for at least 30 minutes despite the…

May 28, 2021 ·David P. Simonton
Mixed result
ALJ

SIP Insulation Professionals, LLC

Three construction items vacated because company was not the employer

Workers were erecting a building with structural insulated panels at an Alabama construction site when OSHA observed alleged aerial-lift, roof fall-protection, and equipment-modification violations. OSHA issued the three-item citation to SIP Insulation Professionals, LLC. The central issue was…

May 26, 2021 ·Heather A. Joys
Citations vacated
COMM

Maxim Crane Works

General-industry fall standard applied to crane disassembly at rental yard

Maxim Crane Works disassembled a crawler crane at its Pennsylvania maintenance yard so it could be transported to a customer's construction site. An employee working without fall protection on the lowered lattice boom fell about nine and a half feet when a boom section shifted, sustaining a…

May 20, 2021
Citations affirmed
COMM

Secretary of Labor v. American Sand Company, LLC

Secretary of Labor v. American Sand Company, LLC (FMSHRC SE 2019-0252 M): Unmarked penalty contest reopened

American Sand timely contested three of four penalties on an assessment, but MSHA's stamped copy showed the fourth contest box was unmarked. The company later sent a letter explaining why it challenged that penalty and filed a reopening motion within 30 days after receiving a delinquency notice…

May 19, 2021
Remanded
ALJ

PMI International Stone Importers

Stone-slab fall-shadow hazard violated general duty clause

PMI International Stone Importers received bundles of stone slabs weighing about 7,000 pounds in shipping containers at its New Jersey warehouse. Employees routinely entered the containers and guided unsecured bundles while standing in the area where a bundle could fall. During one unloading…

May 19, 2021 ·Covette Rooney
Citations affirmed
ALJ

Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Immediate reinstatement ordered

Alvaro Saldivar alleged that Grimes Rock fired him one day after his latest safety complaint about mine equipment and after repeated requests for task-specific training. Grimes Rock relied on disciplinary write-ups but did not call witnesses to establish its asserted reason for the termination, and…

May 18, 2021 ·Margaret A. Miller
Procedural
COMM

Secretary of Labor v. James Irvin, Agent of Rhino Eastern, LLC, Eagle 3 Mine

Secretary of Labor v. James Irvin, Agent of Rhino Eastern, LLC (FMSHRC WEVA 2017-0561): Mistakenly ignored default reopened

James Irvin did not answer a civil-penalty petition, and a show-cause order became a default order. He explained that MSHA had sent a letter saying all charges were dropped, so he believed later correspondence was an oversight and the matter had settled. The Secretary did not oppose reopening but…

May 14, 2021
Remanded
COMM

Secretary of Labor v. Southwest Energy, LLC

Secretary of Labor v. Southwest Energy, LLC (FMSHRC WEST 2020-0248 M): Misdirected penalty contest reopened

Southwest Energy attempted to contest a proposed penalty but mailed the form to a St. Louis post office box instead of MSHA's Civil Penalty Compliance Office in Arlington. After discovering the addressing mistake, the company tried to resend the contest but encountered pandemic-related mail…

May 14, 2021
Remanded
COMM

Secretary of Labor v. Arnold Hoskins

Secretary of Labor v. Arnold Hoskins (FMSHRC KENT 2015-0644): Reopening motion denied as moot

Arnold Hoskins asked the Commission to reopen a $4,800 penalty matter after MSHA sent him a delinquency notice. The Chief Administrative Law Judge had previously ordered the Secretary to file a penalty petition and explain the delay. When the Secretary did not comply, the case was dismissed on…

May 14, 2021
Procedural
ALJ

Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC

Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC (FMSHRC SE 2021-0119): Longwall operator temporarily reinstated

Timothy Barnes raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…

May 11, 2021 ·John T. Sullivan
Procedural
ALJ

Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC

Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC (FMSHRC SE 2021-0118): Longwall operator temporarily reinstated

Brandon Hall raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…

May 11, 2021 ·John T. Sullivan
Procedural
COMM

Secretary of Labor v. Sikes Concrete, Inc.

Secretary of Labor v. Sikes Concrete, Inc. (FMSHRC SE 2021-0011): Unopposed assessment reopening granted

Sikes Concrete asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the motion. The order does not describe the facts that caused the missed contest or explain the basis for relief. The Commission reopened the matter and remanded it to the…

May 7, 2021
Remanded
COMM

Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC

Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC (FMSHRC WEVA 2021-0203): Temporary reinstatement affirmed

Roger Cook, a fire boss at Rockwell Mining's Eagle #3 Mine, reported to MSHA that a pump's ground-monitor protection had been bypassed. Rockwell suspended him the next day and terminated him four days later, while asserting that separate misconduct involving a scoop's defective panic bar caused the…

April 23, 2021
Citations affirmed
ALJ

Destiny Builders Construction Services, Inc.

Five citation items affirmed by default

OSHA issued Destiny Builders three serious and two other-than-serious citation items after inspecting a Chicago construction site. The company filed a notice of contest and eventually answered the complaint after an initial show-cause order. It then failed to register for electronic filing, respond…

April 23, 2021 ·Patrick B. Augustine
Procedural
COMM

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2018-0169): Three serious-hazard findings affirmed

Consol Pennsylvania Coal did not dispute three violations at the Harvey Mine but challenged whether they were significant and substantial. One violation involved missing reflectorized signs required to warn miners about unsupported roof, and two involved badly damaged hoisting cables left available…

April 19, 2021
Citations affirmed

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.