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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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ALJ

Secretary of Labor v. The Creator's Stone

Secretary of Labor v. The Creator's Stone (FMSHRC CENT 2020-0067): Small stone quarry held subject to Mine Act

The Creator's Stone removed layered stone from a small Arkansas site, broke and sorted pieces, stacked them on pallets, and sold the stone. The owner argued that the operation was a borrow pit rather than a mine and therefore did not need to notify MSHA or provide new-miner training. Judge William…

April 16, 2021 ·William B. Moran
Modified
ALJ

George Weis Company

Guardrail-strength citation vacated for insufficient proof

George Weis Company employees were installing soffits at a Missouri hotel construction project. An employee used a wire-rope guardrail midrail for support while standing up, fell through the midrail and top rail, and landed on an aerial lift below, suffering serious injuries. OSHA alleged that the…

April 16, 2021 ·Christopher D. Helms
Citations vacated
ALJ

Jones Brothers, Inc. v Secretary of Labor and Secretary of Labor v. Jones Brothers, Inc.

Jones Brothers, Inc. v. Secretary of Labor (FMSHRC SE 2016-0218 RM): Road-project excavation held to be a mine

Jones Brothers excavated limestone for a Tennessee highway repair project by drilling, blasting, breaking oversized rock, separating dirt, and selecting rock that met state size and drainage specifications. The company argued that the site was a borrow pit outside MSHA jurisdiction. After a new…

April 15, 2021 ·Priscilla M. Rae
Citations affirmed
ALJ

Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor v. Vulcan Construction Materials, LLC (FMSHRC SE 2019-0237): Air-brake valve citation vacated

MSHA cited Vulcan Construction Materials after an inspector heard and felt air escaping near a water truck's service relay valve at the Blairsville Quarry. The truck passed its braking test, and the inspector relied on the audible release while another person held the brake pedal. Vulcan's brake…

April 13, 2021 ·William B. Moran
Citations vacated
ALJ

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…

April 2, 2021 ·Priscilla M. Rae
Procedural
COMM

Secretary of Labor v. Bailey Quarries, Inc. and Secretary of Labor v. Carroll County Stone, Inc.

Secretary of Labor v. Bailey Quarries, Inc. and Carroll County Stone, Inc. (FMSHRC CENT 2020-0043): Four assessments conditionally reopened

Bailey Quarries and Carroll County Stone mistakenly sent four penalty contests with other payments to MSHA's St. Louis address instead of the Civil Penalty Compliance Office. The Secretary did not oppose reopening. The Commission found mistake sufficient to grant relief but could not determine the…

March 26, 2021
Procedural
COMM

Secretary of Labor v. Copenhaver Construction, Inc.

Secretary of Labor v. Copenhaver Construction, Inc. (FMSHRC WEST 2019-0461-M): Change of mind did not justify reopening

Copenhaver Construction asked the Commission to reopen penalty assessments covering 15 citations after it had paid $8,062. The company later contested a specially assessed penalty from the same inspection and then decided it wanted to contest every citation from that inspection. The Commission…

March 24, 2021
Procedural
COMM

Secretary of Labor v. River View Coal, LLC

Secretary of Labor v. River View Coal, LLC (FMSHRC KENT 2019-0205): Emailed contest supported reopening

River View Coal asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had attempted to email its notice of contest before the deadline, and the Secretary did not oppose reopening. The Commission found good cause to relieve River…

March 24, 2021
Remanded
COMM

Secretary of Labor v. Cargill Deicing Technology

Secretary of Labor v. Cargill Deicing Technology (FMSHRC CENT 2020-0130): Misdirected contest forms reopened

Cargill Deicing Technology sought to reopen two penalty assessments that had become final orders. The company said it inadvertently mailed the contest forms with payment for other citations to MSHA's St. Louis address. The Secretary did not oppose reopening but urged Cargill to send future contests…

March 24, 2021
Remanded
ALJ

Patterson-UTI Drilling Company, LLC

Well-control general duty item vacated and settlement terms approved

A blowout and explosion at Patterson-UTI's Oklahoma natural-gas drilling rig killed five people, including three Patterson-UTI employees. OSHA alleged under the general duty clause that Patterson-UTI failed to maintain well control and exposed employees to recognized fire and explosion hazards. The…

March 24, 2021 ·Patrick B. Augustine
Mixed result
COMM

Tampa Electric Company

Ammonia-response respirator citation vacated

Anhydrous ammonia was released at Tampa Electric's Florida power plant after a safety system diverted excess ammonia to a water-filled sump and the sump became saturated. Three contract security guards experienced adverse health effects and two were hospitalized, while trained Tampa Electric rovers…

March 19, 2021
Citations vacated
ALJ

U.S. Postal Service d/b/a Lehigh Valley Processing & Distribution Center

Lockout violation reduced to other-than-serious

The U.S. Postal Service repaired a broken conveyor belt within its Automated Package Processing System at a Pennsylvania mail facility. Management directed mechanics to lock out only the affected induction lane so the rest of the system could continue processing mail, despite employee objections…

March 18, 2021 ·William S. Coleman
Modified
ALJ

Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC

Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC (FMSHRC VA 2021-0008-D): Economic reinstatement agreement approved

The Secretary sought temporary reinstatement for Tracy Lewis while his discrimination complaint against Tip Top Materials remained pending. Tip Top did not timely request a hearing, and Judge Michael G. Young had already ordered Lewis temporarily reinstated. The parties then agreed that Tip Top…

March 16, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC

Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC (FMSHRC VA 2021-0008-D): Foreman temporarily reinstated

Tracy Lewis, a foreman at Tip Top Materials, participated in an MSHA investigation concerning his son's alleged firing for making a safety complaint. The Secretary alleged that Lewis was then fired under circumstances suggesting a connection to that protected activity. Tip Top did not timely…

March 11, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2019-0094): Lifeline obstruction citation affirmed

At Consol's Harvey Mine, nine hydraulic hoses extended beneath a lifeline in an alternate escapeway. Judge John Kent Lewis found that the placement could force miners to identify and maneuver around a trip hazard during a smoke-filled emergency, so the lifeline was not located for effective escape…

March 9, 2021 ·John Kent Lewis
Citations affirmed
COMM

Secretary of Labor v. Marfork Coal Company

Secretary of Labor v. Marfork Coal Company (FMSHRC WEVA 2019-0321): Incorrect receipt date supported reopening

Marfork Coal missed a penalty-contest deadline after a delivery delay caused staff to record the assessment as received two days later than its actual delivery date. The company mailed its contest by the incorrectly calculated deadline, learned of the delinquency the next month, and moved to reopen…

March 8, 2021
Remanded
ALJ

H-E-B, LP

Meat-saw hand-tool citation vacated under plain text of standard

An H-E-B employee suffered a substantial hand laceration while cutting a shoulder roast on a meat-cutting band saw. OSHA issued a willful citation alleging that H-E-B failed to provide a special hand tool that would keep employees' hands outside the danger zone. On cross-motions for summary…

March 8, 2021 ·Patrick B. Augustine
Citations vacated
COMM

StormForce of Jacksonville, LLC

Controlling-employer roofing citation vacated

StormForce served as general contractor for a Florida residential roofing project performed by its regular subcontractor. OSHA observed all five subcontractor employees working on a low-slope roof without a compliant form of fall protection and cited StormForce as a controlling employer. The…

March 8, 2021
Citations vacated
COMM

FreightCar America, Inc.

Slip-and-fall citation vacated because parent company was not proven to be employer

A worker at an Alabama railcar manufacturing facility was hospitalized after slipping from a steel sheet onto roller-bed crossbeams and sustaining facial and abdominal injuries. OSHA cited FreightCar America, Inc. under the general duty clause for the slip-and-fall hazard. The Commission found that…

March 3, 2021
Citations vacated
COMM

MasTec North America, Inc. dba MasTec Advanced Technologies, Inc.

Energized-line citation vacated for lack of employer knowledge

A MasTec crew was relocating energized overhead power lines in Florida when a lineman contacted an energized conductor and died. OSHA alleged that the conductor was not properly insulated when the lineman entered the minimum approach distance. The Commission majority found that the Secretary failed…

March 2, 2021
Citations vacated
COMM

Ceco Concrete Construction, LLC

Formwork violations affirmed with grouped penalty

Ceco Concrete Construction was installing perimeter formwork tables on the 16th floor of a Florida condominium project when a corner table fell from the building and pulled an employee with it, causing his death. The Commission affirmed a design violation because Ceco's procedures accounted for…

February 26, 2021
Modified
ALJ

United States Postal Service

Ceiling-tile housekeeping citation vacated as outside standard's scope

OSHA inspected a Postal Service facility in Dora, Alabama after an employee complained about mold and mildew from water leaking onto ceiling tiles. The compliance officer observed stained and discolored ceiling tiles and insulation, but the record did not establish that mold or mildew was present…

February 25, 2021 ·John B. Gatto
Citations vacated
COMM

Secretary of Labor v. Southern Aggregates, LLC

Secretary of Labor v. Southern Aggregates, LLC (FMSHRC CENT 2018-0403): Informal-conference mistake supported reopening

Southern Aggregates missed a penalty-contest deadline because it mistakenly believed a pending informal conference stayed the deadline. The operator discovered the error during an internal review and submitted its contest six days after the assessment became final. It also adopted a procedure…

February 22, 2021
Remanded
ALJ

Purvis Industries, LLC, d/b/a Snake River Supply

Conveyor nip-point citation vacated for lack of predictable access

Snake River Supply employees installed a replacement conveyor belt on a customer's potato truck in Idaho. While kneeling near the operating belt to observe its tracking, an employee reached toward the truck for support and mistakenly placed his hand into an unguarded roller nip point, sustaining…

February 10, 2021 ·Christopher D. Helms
Citations vacated
COMM

Secretary of Labor v. RJ Valente Gravel

Secretary of Labor v. RJ Valente Gravel (FMSHRC YORK 2018-0019): Duplicate dockets consolidated and reopened

RJ Valente Gravel asked the Commission to reopen default orders in four penalty dockets, and the Secretary did not oppose the motion. Two dockets covered one assessment and two covered another, so the Commission treated each pair as duplicates. It consolidated all four dockets, reopened the…

February 5, 2021
Remanded
ALJ

L & C General Contractors, Inc.

Late contest dismissed for lack of excusable neglect

OSHA issued L & C General Contractors three serious citations after inspecting an Alabama worksite. The company received the citation but sent only a letter requesting an informal conference during the 15-working-day contest period. The judge found that the letter did not express a clear intent to…

February 3, 2021 ·Heather A. Joys
Procedural
COMM

Shelly & Sands, Inc.

Remaining bridge fall-protection item vacated for lack of knowledge

Shelly & Sands employees worked on bridge false work with unprotected edges without tying off, even though horizontal lifelines were available. An administrative law judge affirmed one repeat fall-protection instance and assessed a $25,000 penalty. The Commission majority found that the Secretary…

February 1, 2021
Citations vacated
COMM

Secretary of Labor v. Decker Coal Co.

Secretary of Labor v. Decker Coal Co. (FMSHRC WEST 2021-0015): Unexplained eight-month delay barred reopening

Decker Coal asked the Commission to reopen a penalty assessment after admitting that the matter fell through the cracks and was forgotten. The company also waited nearly eight months after MSHA mailed a delinquency notice before seeking reopening. Although the Secretary did not oppose the motion…

January 25, 2021
Procedural
COMM

Secretary of Labor v. Coal-Mac, LLC

Secretary of Labor v. Coal-Mac, LLC (FMSHRC WEVA 2021-0025-M): Existing-litigation mistake supported reopening

Coal-Mac had unsuccessfully conferenced and timely contested the underlying citation. When the proposed penalty assessment arrived, the operator believed the matter was already in litigation and did not file a separate penalty contest. The Secretary did not oppose reopening but urged better…

January 22, 2021
Remanded
COMM

Secretary of Labor v. Limestone Dust Corp.

Secretary of Labor v. Limestone Dust Corp. (FMSHRC VA 2020-0057-M): Pandemic email miscommunication supported reopening

Limestone Dust timely completed its penalty-contest form and emailed it to an attorney at a firm it had used before, but the attorney was away from the firm. The Commission found that the missed filing resulted from an email miscommunication during the pandemic and that the operator acted promptly…

January 22, 2021
Remanded
COMM

Secretary of Labor v. Peabody Southeast Mining, LLC

Secretary of Labor v. Peabody Southeast Mining, LLC (FMSHRC SE 2021-0024-M): Mistaken payment supported reopening

Peabody intended to contest a citation connected to an ongoing dispute over a failure-to-abate order, but a company official recommended paying all 27 assessments in the batch. The citation was paid inadvertently, and the proposed assessment became a final Commission order. The Secretary did not…

January 22, 2021
Remanded
COMM

Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC

Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0251-M): Misdirected contest supported reopening

Nyrstar intended to contest part of a proposed penalty assessment but inadvertently mailed the contest to MSHA's St. Louis payment address with payment for the uncontested penalties. MSHA received the partial payment, but the assessment later became final and the agency sent a delinquency notice…

January 22, 2021
Remanded
COMM

Secretary of Labor v. Northshore Mining Company, Roger Peterson, employed by Northshore Mining Company, and Matthew Zimmer, employed by Northshore Mining Company

Secretary of Labor v. Northshore Mining Company (FMSHRC LAKE 2017-0248): Walkway violations affirmed, individual penalties vacated

Northshore received an engineering report stating that deteriorated outer conveyor walkways were unsafe for personnel until repaired, but the company relied on fall protection and did not repair or barricade the walkways. During a cleanup job, a structural member failed and part of an elevated…

January 21, 2021
Mixed result
ALJ

U.S. Postal Service

Injury-report retaliation citation remains vacated on remand

U.S. Postal Service disciplined two mail carriers after they reported work-related injuries, and OSHA cited the agency under the recordkeeping rule that bars discrimination for reporting an injury or illness. The original decision vacated the citation and its proposed $5,432 penalty, but the…

January 20, 2021 ·Keith E. Bell
Citations vacated
COMM

Secretary of Labor v. KC Transport, Inc.

Secretary of Labor v. KC Transport, Inc. (FMSHRC WEVA 2019-0622): Missed internal routing supported reopening

KC Transport failed to contest two proposed penalty assessments because an administrative assistant believed she had sent them to company counsel but had not done so. The operator learned that the assessments were delinquent from counsel and described improvements to its internal processing system…

January 19, 2021
Remanded
COMM

Secretary of Labor v. Ludwig Explosives, Inc.

Secretary of Labor v. Ludwig Explosives, Inc. (FMSHRC LAKE 2020-0033): Deadline confusion supported reopening

Ludwig Explosives relied on a risk-management consultant who calculated the penalty-contest deadline as 30 business days instead of 30 calendar days. The consultant explained that a family medical emergency and a separate docket confirmation contributed to his confusion. The Secretary did not…

January 19, 2021
Remanded
COMM

Schaad Detective Agency, Inc.

Bulletproof-vest citation vacated because the PPE standard did not apply

Schaad Detective Agency provided armed guards for Pennsylvania Turnpike employees who collected and transported toll revenue. After a guard who was not wearing a bulletproof vest was shot and killed during an attempted robbery, OSHA cited Schaad under the personal protective equipment standard and…

January 15, 2021
Citations vacated
ALJ

Jones Brothers, Inc. v Secretary of Labor and Secretary of Labor v. Jones Brothers, Inc.

Jones Brothers, Inc. v. Secretary of Labor (FMSHRC SE 2016-0218 RM): Lay testimony allowed, expert testimony excluded

The Secretary asked the judge to limit testimony from six Jones Brothers witnesses before a hearing on Mine Act jurisdiction and the underlying violations. Judge Priscilla Rae allowed all six to testify as fact witnesses but barred Steve Wright from offering expert testimony because his proposed…

January 13, 2021 ·Priscilla M. Rae
Procedural
COMM

Secretary of Labor v. W.W. Clyde & Co.

Secretary of Labor v. W.W. Clyde & Co. (FMSHRC WEST 2020-0141-M): Timely contest made reopening moot

W.W. Clyde received a proposed assessment by email before MSHA recorded delivery of the certified-mail copy. With telephone help from an MSHA employee, the safety director completed the contest form and mailed it by certified mail to the correct address. The Commission found that the contest was…

January 12, 2021
Remanded
COMM

Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC

Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC (FMSHRC SE 2020-0250-M): Misdirected contest supported reopening

Nyrstar intended to contest part of a proposed penalty assessment but inadvertently mailed the contest to MSHA's St. Louis payment address with payment for the uncontested penalties. The assessment became a final Commission order before the mistake was corrected. The Secretary did not oppose…

January 12, 2021
Remanded
COMM

Secretary of Labor v. Central Sand Co., Inc.

Secretary of Labor v. Central Sand Co., Inc. (FMSHRC CENT 2020-0178-M): Pandemic staffing shortage supported reopening

Central Sand missed its penalty-contest deadline while its office was short-staffed because of COVID-19. The company filed its reopening motion five days after the assessment became a final Commission order. The Secretary did not oppose reopening but urged the operator to ensure future contests are…

January 12, 2021
Remanded
COMM

Secretary of Labor v. GCC Dacotah, Inc.

Secretary of Labor v. GCC Dacotah, Inc. (FMSHRC CENT 2020-0155-M): Internal procedure error supported reopening

GCC Dacotah failed to contest two proposed penalty assessments because of an improper understanding and implementation of its internal procedure. The company paid the uncontested portions before the respective contest deadlines. The Secretary did not oppose reopening but urged the operator to…

January 12, 2021
Remanded
COMM

Secretary of Labor v. U.S. Silica

Secretary of Labor v. U.S. Silica (FMSHRC WEVA 2020-0270): Reopening request dismissed after counsel declined to proceed

The Commission had ordered U.S. Silica to explain why its motion to reopen should not be denied because of an unexplained filing delay. The next day, company counsel stated that the operator did not intend to file anything further and would allow the show-cause order to become final. The Commission…

January 5, 2021
Procedural
ALJ

Secretary of Labor obo Kenneth R. Hawkins v. New Point Stone Company

Secretary of Labor obo Kenneth R. Hawkins v. New Point Stone Company (FMSHRC LAKE 2021-0036): Miner temporarily reinstated after training dispute

Kenneth Hawkins alleged that New Point Stone fired him after he refused to sign a training document that he believed was inaccurate and called MSHA. The Secretary found that his discrimination complaint was not frivolously brought and applied for temporary reinstatement. New Point Stone waived its…

December 31, 2020 ·Thomas P. McCarthy
Procedural
COMM

Burlington Capital PM Group, Inc., d/b/a Post Woods Apartment Homes

Mailing mistake excused and ladder case remanded

OSHA cited Burlington Capital PM Group after an employee fell from a ladder at an Ohio apartment property, alleging a violation of the ladder-inspection rule and proposing an $11,934 penalty. Burlington promptly prepared a notice of contest, but an administrative assistant mistakenly shipped it to…

December 31, 2020
Remanded
COMM

Mansfield Industrial, Inc.

Training violations affirmed and PPE assessment citation vacated

Mansfield Industrial removed corrosion from piping at a Texas chemical plant where a pipe ruptured and released trichlorosilane, causing two employees to inhale the chemical and one to suffer chemical burns. OSHA cited Mansfield for process-safety and hazard-communication training violations and…

December 31, 2020
Mixed result
COMM

Walmart, Inc.

Rack-mounted pallets were not stored in tiers

Walmart stored merchandise pallets on separate levels of selective racks at a New York distribution center. An order filler was struck by containers that fell after a forklift bumped a pallet in the adjoining rack, and OSHA cited Walmart for failing to secure material stored in tiers. The ALJ…

December 31, 2020
Citations vacated
ALJ

Secretary of Labor v. Bluff City Minerals, LLC

Secretary of Labor v. Bluff City Minerals, LLC (FMSHRC LAKE 2019-0389): Wet insulating-mat citation affirmed

At Bluff City's underground limestone mine, water was spraying onto the insulating mat for a 480-volt pump switch that had only one recognized grounding system. The company argued that the word “dry” in the electrical standard applied only to wooden platforms, not insulating mats. Judge Jacqueline…

December 22, 2020 ·Jacqueline R. Bulluck
Citations affirmed
ALJ

Secretary of Labor obo Jacob Hamilton v. Small Mine Development

Secretary of Labor obo Jacob Hamilton v. Small Mine Development (FMSHRC WEST 2021-0069): After-acquired evidence excluded from reinstatement hearing

Before Jacob Hamilton's temporary-reinstatement hearing, the Secretary sought to exclude evidence that would create credibility conflicts or support Small Mine Development's rebuttal and affirmative defenses. Judge David Simonton held that the operator could present relevant testimony and documents…

December 18, 2020 ·David P. Simonton
Procedural
ALJ

Warzala Construction

Citations vacated because roofer was not an employee

OSHA investigated after a worker fell nearly 30 feet through a deteriorated metal roof and died. It cited Warzala Construction for failing to provide fall protection and for failing to report an employee fatality to OSHA within eight hours. The worker had performed other hourly labor for Warzala…

December 16, 2020 ·John B. Gatto
Citations vacated
COMM

Secretary of Labor v. U.S. Silica

Secretary of Labor v. U.S. Silica (FMSHRC WEVA 2020-0270): Unexplained reopening delay prompted show-cause order

U.S. Silica plausibly explained that it believed a departing safety manager had timely contested the assessment and later received confusing MSHA billing information. The company learned of the default from a December 2019 delinquency notice but did not move to reopen until nearly three months…

December 14, 2020
Procedural
COMM

Secretary of Labor v. Panther Creek Mining, LLC

Secretary of Labor v. Panther Creek Mining, LLC (FMSHRC WEVA 2020-0258): Unopposed reopening motion granted

Panther Creek Mining asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.

December 11, 2020
Remanded
COMM

Secretary of Labor v. Marfork Coal Company, LLC

Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2020-0204): Medical leave mistake supported reopening

Marfork Coal paid the uncontested penalties and marked the remaining penalties for contest. An executive assistant at the parent company recorded the filing deadline but left the office for surgery without submitting the contest. The company discovered the failure and promptly sought reopening, and…

December 11, 2020
Remanded
COMM

Secretary of Labor v. Oak Grove Resources, LLC

Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2019-0094): Conference-process mistake supported reopening

Oak Grove Resources requested a conference on a section 104(b) order and told the inspector that it intended to challenge the order. The operator believed it did not need to file a contest until the conference process ended and repeatedly sought the result from MSHA. After MSHA told the operator…

December 11, 2020
Remanded
COMM

Secretary of Labor v. William Tackitt

Secretary of Labor v. William Tackitt (FMSHRC LAKE 2020-0083): Mine closure and individual-assessment confusion supported reopening

William Tackitt received an individual penalty assessment under section 110(c) while the mine that employed him was closed. The mine had a reliable contest procedure but was unfamiliar with individual assessments and had already contested the related assessments issued against the operator. Counsel…

December 11, 2020
Remanded
ALJ

Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.

Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc. (FMSHRC WEST 2019-0382-DM): Accounting and training claims did not prove discrimination

Pete Tartaglia alleged that Freeport-McMoRan Bagdad breached an earlier settlement, improperly recouped money from his pay, and disciplined him in retaliation for Mine Act activity. Judge David Simonton found that the company fulfilled the settlement and that the payroll deductions recovered a…

December 2, 2020 ·David P. Simonton
Procedural
COMM

Secretary of Labor v. Industrial Process Equipment Constructors

Secretary of Labor v. Industrial Process Equipment Constructors (FMSHRC YORK 2018-0084): Family illness supported reopening two defaults

Industrial Process Equipment Constructors answered two show-cause orders late because the responsible employee mistakenly believed she had 30 days to respond. During that period, she was caring for several ill family members, her mother died, and the company had lost the secretary who normally…

November 30, 2020
Remanded
COMM

Secretary of Labor v. Iron Mountain Quarry, LLC

Secretary of Labor v. Iron Mountain Quarry, LLC (FMSHRC WEST 2019-0082): Unserved show-cause order prevented default

Iron Mountain Quarry did not answer a penalty petition, and an ALJ show-cause order appeared to convert into a default. The operator and its counsel had no record of receiving the petition or later documents, and the Secretary could not provide proof of delivery. The Commission found that the…

November 30, 2020
Remanded
COMM

Secretary of Labor v. Holcim (US) Inc.

Secretary of Labor v. Holcim (US) Inc. (FMSHRC PENN 2020-0022): One order was vacated and the other was timely contested

Holcim sought to reopen contests of two section 104(b) withdrawal orders. The first order had already been contested with its underlying citation and was vacated by the Secretary in an approved settlement, making reopening moot. For the second order, Holcim's reopening motion was filed three days…

November 30, 2020
Remanded
COMM

Secretary of Labor v. Image Materials

Secretary of Labor v. Image Materials (FMSHRC CENT 2020-0017): Allegedly lost answer sent back for good-cause finding

Image Materials defaulted after it appeared not to answer the Secretary's penalty petition or the ALJ's show-cause order. The operator said it timely sent its contest to MSHA's Dallas office and later sent it again to the Arlington office, but the filing was lost after receipt. The Secretary did…

November 30, 2020
Remanded

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.