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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

Coleman Hammons Construction Co., Inc.

Case returned after court reversal

The Commission had previously affirmed an administrative law judge's dismissal of Coleman Hammons Construction's late notice of contest. The U.S. Court of Appeals for the Fifth Circuit reversed that decision and returned the case to the Commission. Acting on the court's mandate, the Commission…

January 23, 2020
Remanded
COMM

Secretary of Labor v. Sunbelt Rentals, Inc.

Secretary of Labor v. Sunbelt Rentals, Inc. (FMSHRC VA 2013-0291 M): Examination violation affirmed and penalty remanded

A Sunbelt employee was injured by material falling inside a cement-plant preheat vessel after the company's examiner inspected the upper compartment only from portholes one floor below. The Commission affirmed that the entire vessel was a working place and that an adequate examination required…

January 22, 2020
Remanded
ALJ

Terence Froman, Inc.

Attorney-fee application denied

OSHA cited Terence Froman under the general duty clause over spring clips on a concrete-pump boom coupling, then withdrew the citation before adjudication. The company applied under the Equal Access to Justice Act for $4,999.10 in attorney fees and expenses. The judge found that the Secretary's…

January 16, 2020 ·Keith E. Bell
Procedural
ALJ

Eagle Cornice Company, Incorporated

Roof fall-protection citation affirmed

Eagle Cornice employees cut an opening in a low-slope roof more than 19 feet above the floor. One employee returned to the roof without putting on his fall-arrest harness, stepped into the opening, and fell to the level below. The judge found that the crew foreman knew or should have known the…

January 15, 2020 ·Dennis L. Phillips
Modified
ALJ

GTA Co., Inc.

Late contest of willful citation dismissed

OSHA issued GTA excavation citations, including a willful item carrying a proposed $56,908 penalty. The company received the citations on January 15, 2019, making February 6 the deadline to file a written contest, but it did not contact OSHA until mid-March. The judge found no excusable neglect…

January 3, 2020 ·Carol A. Baumerich
Procedural
ALJ

Basic Energy Services, LP

Well-servicing rig hazard citation affirmed

Basic Energy Services used a mobile well-servicing rig to pull pipe stuck thousands of feet underground. A derrick hand remained on a platform about 60 feet above the rig floor while the crew substantially increased pulling force and used jars to free the pipe. The rig tipped over, killing the…

January 2, 2020 ·Brian A. Duncan
Citations affirmed
ALJ

Speedy Rooter/Capital Plumbing, Inc.

Trench violations affirmed

Speedy Rooter replaced a residential sewer line using a trench more than six feet deep. The judge found that the two workers were company employees, not independent contractors, because Speedy Rooter obtained and assigned the work, paid them by the hour, and supplied tools and permits. OSHA proved…

December 23, 2019 ·Keith E. Bell
Citations affirmed
ALJ

Secretary of Labor obo Jason Ebert v. The Marshall County Coal Company

Secretary of Labor obo Jason Ebert v. The Marshall County Coal Company (FMSHRC WEVA 2020-0133-DM): Temporary reinstatement ordered for alleged family retaliation

Jason Ebert alleged that Marshall County Coal forced him to resign two days after hiring him because management learned that his brother was a vocal safety advocate who had filed Mine Act discrimination complaints. The company initially requested a hearing on temporary reinstatement but withdrew…

December 19, 2019 ·William B. Moran
Procedural
ALJ

Michael Barr d/b/a Barr Construction

Roofing, scaffold, and ladder citations affirmed

Barr Construction reroofed a residence using ladder-jack scaffolds and a steep roof. An OSHA inspector observed employees without fall protection on the scaffolds in the morning and again on the roof later that day, with fall exposures of about 18 to more than 20 feet. The inspector also observed…

December 18, 2019 ·Dennis L. Phillips
Citations affirmed
ALJ

Guaranteed Home Improvements, LLC

Ladder citations split after employee fall

Guaranteed Home Improvements used an extension ladder to access a snow-covered convenience-store roof. The ladder slid on wet, snowy pavement while an employee descended, causing a fall that resulted in multiple serious injuries. The judge vacated the allegation that the ladder failed to extend…

December 16, 2019 ·Heather A. Joys
Mixed result
ALJ

Chambers Construction Co.

Roof fall and training citations affirmed

Chambers Construction assigned two employees to patch leaks on a low-slope commercial roof four to five stories above the ground. The employees used no compliant fall-protection system, and one had received no training on recognizing and minimizing fall hazards. The company believed the roof's…

December 2, 2019 ·Dennis L. Phillips
Citations affirmed
ALJ

Gavilon Grain, LLC

Machine-guarding citation vacated, dust-housekeeping citation affirmed

OSHA inspected Gavilon's corn mill and cited an unguarded rotating shaft bushing and grain-dust accumulations near an outdoor grain leg. The judge vacated the machine-guarding item because employees performing maintenance used a hatch about five feet away while the equipment was locked out, and…

November 21, 2019 ·Patrick B. Augustine
Mixed result
ALJ

Casale Construction Services, Inc., d/b/a Casale

Repeat trench violations affirmed

Casale Construction installed a pipeline using a trench about six feet deep near an active roadway. A foreman directed a laborer to work for up to three hours in the trench without cave-in protection while excavated material remained at the trench edge. The judge rejected the company's…

November 21, 2019 ·Dennis L. Phillips
Citations affirmed
ALJ

Secretary of Labor v. Hoover Excavating & Trucking, Inc., and its successors and Secretary of Labor v. Reginald S. Hoover, employed by Hoover Excavating & Trucking, Inc.

Secretary of Labor v. Hoover Excavating & Trucking, Inc. and Reginald S. Hoover (FMSHRC WEST 2019-0277): Blasting violations and agent liability affirmed

A blast detonated prematurely at Hoover Excavating's surface stone mine while eight miners remained in the pit area, and three miners were seriously injured by flyrock and debris. Judge Margaret A. Miller found that mine owner Reginald Hoover ignored the initiating device's warning not to connect…

November 20, 2019 ·Margaret A. Miller
Modified
ALJ

Secretary of Labor v. Hopkins Hill Sand & Stone, LLC

Secretary of Labor v. Hopkins Hill Sand & Stone, LLC (FMSHRC YORK 2019-0025): Late death notification citation affirmed

Hopkins Hill's general manager suffered a fatal heart attack from natural causes while at the company's open-pit crushed stone mine. Mine management knew of the death by 11:24 a.m. but did not notify MSHA until 12:56 p.m., one hour and 17 minutes after the 15-minute reporting deadline. Judge…

November 18, 2019 ·Jacqueline R. Bulluck
Citations affirmed
ALJ

Infra-Red Building and Power Service Inc.

Electrical safety citations split

Infra-Red employees replaced batteries in an energized uninterruptible power supply at a police station, and one employee sustained a serious hand burn during the work. OSHA issued four serious electrical-safety citation items addressing training, safety-related work practices, personal protective…

November 6, 2019 ·Dennis L. Phillips
Mixed result
ALJ

Tony Watson, d/b/a Countryside Tree Service

Willful woodchipper and PPE violations affirmed

Countryside Tree Service used a five-person crew at three residential tree-removal sites. A 23-year-old employee with no tree-service experience was killed after becoming ensnared in a woodchipper on his first day of work. The judge found that the owner allowed two inexperienced employees to feed…

October 30, 2019 ·William S. Coleman
Modified
ALJ

FreightCar America, Inc.

Railcar assembly hazard citation vacated

Workers assembled railcars by positioning top-heavy end panels with a crane and securing them to side panels with corner pins. An end panel fell after the crane was detached and an employee removed the remaining pins, seriously injuring two workers. The judge found that FreightCar America was…

October 28, 2019 ·Sharon D. Calhoun
Citations vacated
ALJ

URS Federal Services, Inc.

Grinder compatibility citation affirmed

URS Federal Services employees repaired military vehicles using grinders and grinding stones supplied through a Department of Defense tool counter. A worker used a stone rated for 9,070 revolutions per minute on a grinder rated for 12,000 revolutions per minute, and the stone broke apart, causing a…

October 24, 2019 ·Patrick B. Augustine
Citations affirmed
ALJ

Birdsboro Kosher Farms Corp.

Lockout, noise, exit, and PPE citations largely affirmed

Birdsboro Kosher Farms operated a large poultry-processing facility with a history of OSHA citations and settlements addressing lockout/tagout and occupational noise. The judge found that Birdsboro still lacked required machine-specific energy-control procedures, adequate authorized-employee…

October 24, 2019 ·Carol A. Baumerich
Mixed result
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2018-0169): Eleven safety citations affirmed with reduced penalties

MSHA issued 11 citations at Consol Pennsylvania Coal Company's Harvey Mine involving unsupported-roof warnings, damaged electrical and hoisting cables, equipment certification and mapping records, training documentation, noise exposure, and ventilation controls. Judge William B. Moran affirmed…

October 11, 2019 ·William B. Moran
Modified
ALJ

Pacific Tech Construction, Inc.

Table-saw and electrical citations affirmed

Pacific Tech Construction renovated a medical clinic at an Air National Guard base. OSHA observed employees ripping plywood on an unguarded table saw and found multiple uncovered 110-volt outlets and switches that remained energized while employees painted and worked nearby. The judge found that…

October 4, 2019 ·Brian A. Duncan
Modified
ALJ

FabArc Steel Supply, Inc.

Lockout and forklift violations affirmed

FabArc Steel Supply manufactured fabricated steel products at its Oxford, Alabama facility. OSHA cited the company after an inspection found issues involving fall-protection training, hazardous-energy controls during motor removal, and a forklift operated with a broken horn and fluid leaks. The…

September 23, 2019 ·Sharon D. Calhoun
Mixed result
ALJ

International Fire Protection, Inc.

Narrow scaffold-plank citation affirmed

International Fire Protection employees replaced sprinkler-system components inside a cooling tower about 40 to 50 feet above the ground. The crew used movable wood planks about 10 inches wide as working surfaces and walkways, and a foreman suffered a serious arm injury when a plank twisted and he…

September 20, 2019 ·John B. Gatto
Citations affirmed
ALJ

North Shore Strapping Company

Four roofing fall-protection violations affirmed

North Shore Strapping used employees and company managers to replace the roof of its Ohio manufacturing facility. OSHA observed an employee riding an aerial lift without tying off and workers installing roofing material near a 25-foot roof edge without an effective fall-protection system. The judge…

September 11, 2019 ·Heather A. Joys
Citations affirmed
ALJ

Red Lake Nation Fisheries, Inc.

Tribal-enterprise citations dismissed

Red Lake Nation Fisheries was a commercial fishing and fish-processing enterprise owned and operated by the Red Lake Band of Chippewa Indians on its Minnesota reservation. After two employees drowned while harvesting fish, OSHA cited the enterprise for not requiring personal flotation devices and…

September 6, 2019 ·William S. Coleman
Citations vacated
ALJ

Northpac Corporation d/b/a Northpac Construction

Contest dismissed after discovery defaults

OSHA cited Northpac Construction after inspecting a worksite in Saipan, Northern Mariana Islands. The employer timely contested one serious and two repeat violations carrying $12,197 in proposed penalties. During the case, Northpac repeatedly provided incomplete discovery responses, failed to…

September 5, 2019 ·Patrick B. Augustine
Procedural
ALJ

Secretary of Labor v. The Monongalia County Coal Co., successor to Consolidation Coal Co.

Secretary of Labor v. The Monongalia County Coal Company (FMSHRC WEVA 2015-0074): Accumulation cases settled for $40,500

The Secretary cited Monongalia County Coal for three combustible-material accumulation violations and two inadequate belt-examination violations across three dockets. The accumulation citations had also been identified as possible predicates for a repeated flagrant theory in related litigation. The…

September 4, 2019 ·Jerold Feldman
Settled
ALJ

TNT Crane & Rigging, Inc.

Crane ground-support violation affirmed

TNT Crane & Rigging used a mobile crane to replace rooftop air-conditioning units at a Texas retail store. During setup, the operator swung the fully counterweighted crane while its outriggers were only half extended and two rear outriggers lacked steel support mats. An outrigger broke through…

September 3, 2019 ·Patrick B. Augustine
Citations affirmed
ALJ

Tower King II, Inc.

Communications-tower rigging citation vacated

Tower King performed antenna work about 1,000 feet above ground on a communications tower. A gin pole detached from the tower, and three employees who were tied to it fell and died. OSHA cited Tower King under the general duty clause, alleging that an incomplete rigging plan created fall and…

August 29, 2019 ·Heather A. Joys
Citations vacated
ALJ

Henry Marine Service, Inc.

Attorney-fee application denied

Henry Marine previously won summary judgment vacating OSHA citations concerning safe access to a tugboat and personal flotation devices. The company then sought $92,402.64 in attorney fees, expert fees, and expenses under the Equal Access to Justice Act. The judge found Henry Marine eligible and a…

August 21, 2019 ·Heather A. Joys
Procedural
ALJ

Knight Hawk Coal, LLC v. Secretary of Labor

Knight Hawk Coal, LLC v. Secretary of Labor (FMSHRC LAKE 2019-0087-R): Ventilation-plan revocation vacated

MSHA revoked Knight Hawk Coal's long-approved ventilation plan for perimeter mining at the Prairie Eagle Underground Mine and cited the company for operating without an approved plan. Judge Thomas P. McCarthy found that MSHA relied on unreliable smoke testing and evidence of agency bias against…

August 19, 2019 ·Thomas P. McCarthy
Citations vacated
ALJ

Knight Hawk Coal, LLC v. Secretary of Labor

Knight Hawk Coal, LLC v. Secretary of Labor (FMSHRC LAKE 2019-0087-R): Initial ventilation-plan ruling later amended

MSHA revoked Knight Hawk Coal's approved ventilation plan for perimeter mining at the Prairie Eagle Underground Mine and cited the company for operating without an approved plan. Judge Thomas P. McCarthy found that MSHA relied on unreliable smoke testing and evidence of agency bias, while failing…

August 16, 2019 ·Thomas P. McCarthy
Citations vacated
ALJ

New Finish Construction, LLC

Electrical and conductive-ladder violations affirmed

New Finish Construction installed a metal roof at a Pennsylvania residence. After the owner threw a steel roof anchor from the roof and it caught on a 12,000-volt power line, an employee climbed an aluminum ladder and used a metal pole to try to dislodge it; he was electrocuted and died. The judge…

August 7, 2019 ·Sharon D. Calhoun
Mixed result
ALJ

Jersey City Medical Center

Electrical-safety and willful training violations affirmed

A Jersey City Medical Center maintenance mechanic received an electric shock while working on a 277-volt light fixture, fell from a ladder, and later died from his injuries. OSHA cited the hospital for failing to deenergize live parts, use electrical lockout/tagout procedures, maintain compliant…

August 2, 2019 ·Covette Rooney
Citations affirmed
ALJ

R. K. Wallace Construction Inc. d/b/a Wallace Steel Erectors

Eye and fall-protection violations affirmed

Wallace Steel Erectors was a subcontractor on a Mississippi construction project. OSHA observed one employee cutting metal with an angle grinder without eye protection and five employees working about 15 feet above concrete without being tied off or otherwise protected from falls. The judge found…

July 22, 2019 ·John B. Gatto
Citations affirmed
ALJ

Echo Powerline, LLC

Power-line contact-prevention violation affirmed

Echo Powerline crews restored distribution lines in Oklahoma after an ice storm. While workers raised a quarter-mile section of distribution wire beneath an energized 69-kilovolt transmission line, the wire contacted the transmission line; one employee suffered burns and another died from…

July 22, 2019 ·Peggy S. Ball
Citations affirmed
ALJ

Bergelectric Corp.

Fall-protection items vacated, recordkeeping item affirmed

Bergelectric employees installed electrical conduit above a casino ceiling 24 feet above the floor. One employee disconnected from fall protection, fell through the ceiling, and suffered broken ribs and spinal fractures; OSHA also found two improper lanyard-connection practices. The judge found…

July 10, 2019 ·Brian A. Duncan
Mixed result
ALJ

FAMA Construction, LLC.

Roofing safety violations affirmed at two residential sites

FAMA Construction arranged roofing work at two residential construction sites in Lawrenceville, Georgia. OSHA cited ladder, eye protection, and fall protection violations involving two roofing crews. The judge found that FAMA was the workers' employer and, alternatively, a controlling employer that…

July 8, 2019 ·John B. Gatto
Citations affirmed
ALJ

Secretary of Labor v. Peabody Midwest Mining, LLC

Secretary of Labor v. Peabody Midwest Mining, LLC (FMSHRC LAKE 2017-0073): Three escapeway citations vacated

After Peabody Midwest stopped production on the old 2B panel, it moved the production equipment outby the former loading point, changed the ventilation, and began mining elsewhere. MSHA cited the company because the old panel no longer had tracking and communication, a lifeline, or working…

July 5, 2019 ·L. Zane Gill
Mixed result
ALJ

Edwin Taylor Corporation

Willful fall protection violation affirmed

Edwin Taylor Corporation supervised residential construction of three-story townhomes in St. Petersburg, Florida. Workers and company supervisors were repeatedly present above six feet without guardrails or other fall protection, and a laborer died after falling through an unprotected opening. The…

July 5, 2019 ·Covette Rooney
Citations affirmed
ALJ

Sanderson Farms, Inc. – Processing Division

Ammonia process-safety items partly affirmed

Sanderson Farms operated a chicken processing plant that used anhydrous ammonia for refrigeration. OSHA cited several process safety management deficiencies involving engineering-practice documentation, diagrams, ventilation information, written mechanical-integrity procedures, and equipment…

July 3, 2019 ·John B. Gatto
Mixed result
ALJ

Secretary of Labor v. Consol Buchanan Mining Company, LLC

Secretary of Labor v. Consol Buchanan Mining Company, LLC (FMSHRC VA 2012-0042): Roof-plan violation remained non-S&S on remand

Consol Buchanan took a crosscut about two to three-and-a-half feet deeper than its roof control plan allowed in adverse roof conditions. The violation itself had already been affirmed, but a federal appeals court remanded the S&S question and directed the judge not to rely on redundant safety…

June 11, 2019 ·Priscilla M. Rae
Modified
ALJ

Secretary of Labor v. Yahara Materials, Inc.

Secretary of Labor v. Yahara Materials, Inc. (FMSHRC LAKE 2019-0025): Dump-site berm citation settled for $286

MSHA cited Yahara Materials for failing to provide a berm at a dump site and proposed a $2,361 penalty. In settlement, the operator asserted that a spotter and berms were present, while the Secretary declined to provide requested inspection photographs. Judge Thomas P. McCarthy approved the…

May 24, 2019 ·Thomas P. McCarthy
Settled
ALJ

CWP Asset Corp., d/b/a Mister Car Wash

Conveyor machine-guarding violation affirmed

Mister Car Wash moved vehicle-drying work inside a car wash bay near a conveyor system. An employee was hospitalized after his foot entered a gap above the conveyor's moving chain and sprocket. The judge found that this work arrangement made employee exposure to the moving parts reasonably…

May 23, 2019 ·Peggy S. Ball
Citations affirmed
ALJ

Secretary of Labor v. The Monongalia County Coal Company, successor to Consolidation Coal Company

Secretary of Labor v. The Monongalia County Coal Company (FMSHRC WEVA 2015-0074): Long stay lifted in accumulation cases

Three penalty cases involving alleged combustible-material accumulations had remained stayed while related litigation addressed the meaning of a repeated flagrant violation. Judge Jerold Feldman found that the pending Commission appeal in the related Monongalia case did not require further delay…

May 22, 2019 ·Jerold Feldman
Procedural
ALJ

All-Pro Construction Services, Inc.

Two residential fall protection citations affirmed

All-Pro Construction Services performed roofing work on new homes in central Florida. OSHA observed two separate three-person crews working on sloped roofs without required fall protection, first at a height of about 18 feet and then two days later at about 9 feet. The judge found that the…

May 13, 2019 ·John B. Gatto
Citations affirmed
ALJ

Kimble Company, d/b/a Kimble Sanitary Landfill

Landfill struck-by citation vacated

Kimble operated a sanitary landfill where a front-loader struck and killed an employee who was on foot. OSHA alleged that employees were permitted to walk through vehicle-operating areas and cited the general duty clause. The judge rejected Kimble's arguments that the Mine Act or construction…

May 9, 2019 ·William S. Coleman
Citations vacated
ALJ

All Wall Builders, LLC

Roof fall protection and ladder citations affirmed

All Wall Builders was installing metal trusses on a commercial building roof in Cooperstown, New York. OSHA observed employees working on the roof without properly using fall protection and found an access ladder that did not extend three feet above the landing. The judge found that company…

May 8, 2019 ·Dennis L. Phillips
Citations affirmed
ALJ

Berkebile Auto Service, Inc.

Tow-truck crushing-hazard citation affirmed

Berkebile Auto Service operated an automotive garage and towing service in Pennsylvania. A tow-truck driver died after an off-loaded vehicle rolled forward and pinned him against the tow truck. The judge found that the driver was Berkebile's employee and that the company and towing industry…

May 2, 2019 ·Carol A. Baumerich
Citations affirmed
ALJ

Secretary of Labor v. Pennsy Supply, Inc.

Secretary of Labor v. Pennsy Supply, Inc. (FMSHRC YORK 2018-0004): Five alleged lead-safety violations vacated

MSHA issued Pennsy Supply five citations after a former employee alleged lead exposure while using a torch to remove bolts and washers from a sand screw. The citations alleged failures to report an occupational illness, maintain a safety data sheet, train miners, provide special protective…

April 16, 2019 ·Priscilla M. Rae
Citations vacated
ALJ

Henry Marine Service, Inc.

Tugboat access and flotation citations vacated

Henry Marine operated a tugboat on the Mobile River, where an employee was found dead in the water near the vessel. OSHA cited the company for an unsafe means of boarding and leaving the vessel and for failing to provide a personal flotation device. The judge granted Henry Marine summary judgment…

April 12, 2019 ·Heather A. Joys
Citations vacated
ALJ

Michael Deuso v. Shelburne Limestone Corp.

Michael Deuso v. Shelburne Limestone Corp. (FMSHRC YORK 2019-0015-DM): New safety allegation required prior MSHA investigation

Michael Deuso filed a discrimination case nearly 19 months after MSHA told him it could not assist with his age-discrimination and assault allegations. Judge Thomas P. McCarthy excused the late filing because MSHA had not told the self-represented miner about his right to bring his own Commission…

April 9, 2019 ·Thomas P. McCarthy
Procedural
ALJ

Tampa Electric Company

Ammonia emergency-response items vacated

An anhydrous ammonia release occurred at Tampa Electric Company's Big Bend power plant. OSHA cited the company's emergency response plan and the respiratory protection used by employees who investigated the release. The judge found that the Secretary improperly treated the emergency-response…

April 9, 2019 ·John B. Gatto
Citations vacated
ALJ

Outback Steel Services, LLC

Steel-joist securing and training citations vacated

Outback Steel Services was erecting structural steel for a new convenience store when steel joists fell and injured two plumbers working below. OSHA cited the company for failing to secure landed joists and for failing to provide training through a qualified person. The judge found that the…

April 8, 2019 ·Brian A. Duncan
Citations vacated
ALJ

Apollo Auto Sales & Service, Inc.

Late contests denied

OSHA issued Apollo Auto citations with $6,652 in proposed penalties and later issued a $25,868 failure-to-abate notification. Apollo Auto missed both 15-working-day contest deadlines and filed its contest months after receiving the original citation. The judge found no deception by OSHA, excusable…

March 28, 2019 ·Sharon D. Calhoun
Procedural
COMM

Wynnewood Refining Co., LLC

Twelve refinery process-safety violations affirmed

A boiler exploded during a refinery turnaround at Wynnewood's Oklahoma facility, killing two employees. The Commission held that OSHA's process safety management standard applied because the boiler was interconnected with covered refinery processes and was located where a release could involve…

March 28, 2019
Citations affirmed
COMM

Quick Transport of Arkansas, LLC

Vacuum-truck explosion citation vacated

Quick Transport drivers used a propane torch to thaw frozen valves on vacuum-truck trailers used to haul produced water from oil and gas operations. An explosion occurred while a driver was preparing a trailer, and the driver died. The Commission majority found that the Secretary did not provide…

March 27, 2019
Citations vacated
ALJ

Knight Hawk Coal, LLC v. Secretary of Labor

Knight Hawk Coal, LLC v. Secretary of Labor (FMSHRC LAKE 2019-0087-R): Evidence limits denied in ventilation-plan case

Knight Hawk contested MSHA's revocation of its ventilation plan for perimeter mining at the Prairie Eagle Underground Mine. Before hearing, the Secretary sought to exclude evidence about other mines, information not presented to the district manager during negotiations, and testimony from a former…

March 26, 2019 ·Thomas P. McCarthy
Procedural
ALJ

Hensel Phelps Construction Co.

Controlling-employer trench citation affirmed on remand

This supplemental decision followed a Fifth Circuit ruling that OSHA may cite controlling employers at multi-employer worksites for standards violations. Applying that ruling and the judge's earlier findings, the trench-protection citation against Hensel Phelps was affirmed. The item was…

March 25, 2019 ·Brian A. Duncan
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.