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. R.E. Pierson Materials Corp.
Secretary of Labor v. R.E. Pierson Materials Corp. (FMSHRC PENN 2022-0105): Mail-processing errors excused two missed contests
R.E. Pierson received two proposed assessments, but mine administrative staff did not forward them to the operations manager for review and processing. The company discovered the errors only after MSHA sent delinquency notices and then contacted outside counsel. It reported taking corrective…
Secretary of Labor v. Greenbrier Minerals, LLC
Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2023-0191): One-day deadline mistake excused
Greenbrier Minerals' safety specialist miscalculated the assessment deadline and filed the contest one day late. The company sought to contest five citations and moved to reopen within ten days after the assessment became final. It made payments to avoid delinquency while expressly maintaining its…
Secretary of Labor v. Westmoreland Absaloka Mining, LLC
Secretary of Labor v. Westmoreland Absaloka Mining, LLC (FMSHRC WEST 2023-0221): Contest mailed with payment was reopened
Westmoreland timely mailed its payment for uncontested citations to MSHA's St. Louis lockbox, but mistakenly included its contest rather than sending the contest to MSHA's Arlington address. Two days after the assessment became final, MSHA told Westmoreland about the error. The company immediately…
Secretary of Labor v. Mulberry Limestone Quarry Co., Inc.
Secretary of Labor v. Mulberry Limestone Quarry Co., Inc. (FMSHRC CENT 2023-0190): Contest mailed with payment was reopened
Mulberry Limestone correctly mailed payment for uncontested citations to MSHA's St. Louis lockbox. It mistakenly placed its contest in the same envelope instead of sending it to the Arlington office. MSHA later located the contest, but Mulberry did not learn of the mistake until a delinquency…
Secretary of Labor v. Cranesville Aggregates
Secretary of Labor v. Cranesville Aggregates (FMSHRC YORK 2023-0032): Personnel transition excused late contest
Cranesville received a proposed assessment while its safety department was in transition. Its safety director had semi-retired and was working from home, no replacement had been hired, and its safety manager was on leave. The company contested the assessment promptly after the department learned…
Secretary of Labor v. Two Rivers Sand & Gravel, Inc.
Secretary of Labor v. Two Rivers Sand & Gravel, Inc. (FMSHRC WEST 2023-0090): Combined assessment paperwork caused late contest
Two Rivers combined the pages of one proposed assessment with paperwork for another assessment that had a later due date. It processed both together and filed the contest for the earlier assessment too late. The company moved to reopen about two weeks after the assessment became final. The…
Secretary of Labor v. Terra Excavating, LLC
Secretary of Labor v. Terra Excavating, LLC (FMSHRC SE 2023-0048): Prompt filing after duplicate assessment supported reopening
Terra said it never received the proposed assessment. Its counsel contacted MSHA to ask about the assessment's status and obtained a duplicate copy. Terra promptly attempted to contest it, then moved to reopen after MSHA said the contest was late. The Commission found good cause based on Terra's…
Secretary of Labor v. Lehigh Cement Company, LLC
Secretary of Labor v. Lehigh Cement Company, LLC (FMSHRC PENN 2023-0021): Counsel promptly corrected assessment mistake
Lehigh's counsel mistakenly believed that an earlier assessment contest covered all citations from the same inspection. When counsel recognized that 13 citations had not been contested, she moved to reopen them the next day. The Commission found that the missed deadline resulted from a mistake and…
Secretary of Labor v. Prairie State Generating Company, LLC
Secretary of Labor v. Prairie State Generating Company, LLC (FMSHRC LAKE 2023-0038): Misaddressed contest was reopened
Prairie paid 19 of 23 penalties and intended to contest the other four. It said that it mailed the contest on the payment date but used the wrong address or otherwise made a mailing mistake. After MSHA sent a delinquency notice, Prairie moved to reopen the four citations. The Secretary did not…
Secretary of Labor v. Cooper Stone
Secretary of Labor v. Cooper Stone (FMSHRC CENT 2023-0057): Pandemic staff illnesses supported reopening
Cooper Stone said its normal practice was to contest proposed penalties immediately after receiving them. Staff illnesses during the COVID-19 pandemic disrupted that process and caused it to miss the deadline. The Commission found good cause, reopened the assessment, and remanded the case. It also…
Secretary of Labor v. R.E. Pierson Materials Corp.
Secretary of Labor v. R.E. Pierson Materials Corp. (FMSHRC PENN 2022-0105): Conflicting explanations prompted show-cause order
R.E. Pierson's counsel said the operator failed to forward the assessment to counsel, while the mine's operations manager said the clerical mistake occurred in counsel's office. The Commission found those accounts inconsistent. It ordered the operator and counsel to provide a uniform, detailed…
Secretary of Labor v. Cascade Concrete Products Company, Inc.
Secretary of Labor v. Cascade Concrete Products Company, Inc. (FMSHRC WEST 2023-0100): Misrouted contest was reopened
Cascade Concrete Products asked the Commission to reopen three proposed penalties that became final when its contest was not filed with the proper MSHA office. Cascade said it mailed the contest to MSHA's St. Louis payment office with payment for the uncontested citations instead of sending it to…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2023-0197, WEVA 2023-0198): Unclear delivery supported reopening
Rockwell Mining asked to reopen two penalty assessments that became final after MSHA records showed delivery but the company did not file contests. The delivery confirmations were signed "C COVID," and Rockwell said no employee had received the assessments. After learning of the problem during a…
Secretary of Labor v. Kiewit Mining Group
Secretary of Labor v. Kiewit Mining Group (FMSHRC WEST 2023-0051, WEST 2023-0053): Uncollected assessment mail was excusable
Kiewit Mining Group asked to reopen two penalty assessments that became final after packages sent to its designated post office were returned unclaimed. Kiewit could not identify why the packages were missed, but said an employee normally collected mail twice each week and that the company had no…
Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor v. Vulcan Construction Materials, LLC (FMSHRC SE 2023-0043): Unclear delivery and prompt action justified reopening
Vulcan Construction Materials asked to reopen a penalty assessment that became final when it did not file a contest within 30 days. The assessment went to the correct address, but Vulcan had no record of receiving it and the delivery confirmation identified only "V Construction." Vulcan filed its…
Secretary of Labor v. Thyssenkrupp Industrial Solutions
Secretary of Labor v. Thyssenkrupp Industrial Solutions (FMSHRC CENT 2022-0219): Waiting for a missing citation was excusable
Thyssenkrupp Industrial Solutions asked to reopen a penalty assessment after filing its contest about three weeks late. The assessment package was missing one citation, and the company waited for the MSHA District Office to provide a copy before deciding to file without it. The company later…
Secretary of Labor v. Blue Creek Mining, LLC
Secretary of Labor v. Blue Creek Mining, LLC (FMSHRC WEVA 2022-0470): Safety director departure supported reopening
Blue Creek Mining missed its deadline to contest a proposed penalty assessment after the corporate safety director who normally filed contests left the company. The outgoing director did not submit the contest or alert another employee to the deadline. A paralegal discovered the oversight, and the…
Secretary of Labor v. CSI Sands NE, Ltd.
Secretary of Labor v. CSI Sands NE, Ltd. (FMSHRC YORK 2023-0003): Unusual disruptions supported reopening
CSI Sands filed its penalty contest 12 days late while rebuilding its facility and dealing with an employee injury, a natural gas supply failure, and a management change. The proposed assessment had been delivered to the mine supervisor, who then accepted another job. CSI said the reconstruction…
Secretary of Labor v. Eagle Rock, Inc.
Secretary of Labor v. Eagle Rock, Inc. (FMSHRC WEST 2023-0012): Deadline mistake supported partial reopening
Eagle Rock received a proposed assessment covering 14 citations but mistakenly believed its contest deadline was two days later than the actual deadline. After MSHA told the operator the contest was late, Eagle followed up when promised correspondence did not arrive. It paid the penalties for ten…
Secretary of Labor v. Vulcan Electrical Services
Secretary of Labor v. Vulcan Electrical Services (FMSHRC SE 2023-0014): New assistant's error supported reopening
Vulcan Electrical Services missed the deadline to contest a proposed penalty assessment after a new administrative assistant received it but did not understand the 30-day deadline. The assistant did not forward the assessment to the safety director until after it had become a final order. Vulcan…
Secretary of Labor v. Highway Materials, Inc.
Secretary of Labor v. Highway Materials, Inc. (FMSHRC PENN 2023-0003): Conference timing mistake supported reopening
Highway Materials requested an MSHA conference on three citations and later received a proposed penalty assessment while waiting for the conference results. The operator mistakenly believed it had 30 days after the results letter to contest the penalties, rather than 30 days after receiving the…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2022-0467): Reopening granted with processing-system warning
Rockwell Mining missed contest deadlines for three assessments after the corporate safety director who normally filed contests left the company without filing them or alerting another employee. A paralegal discovered the oversight, and Rockwell promptly retained counsel and sought reopening after…
Secretary of Labor v. River View Coal, LLC
Secretary of Labor v. River View Coal, LLC (FMSHRC KENT 2022-0102): Personnel transition excused one-day delay
River View Coal missed a proposed-assessment contest deadline during a transition in safety personnel following a retirement. An assistant safety director temporarily handled contests and miscalculated the filing date. The operator mailed the contest one day after the assessment became a final…
Secretary of Labor v. Cemex Construction Materials South, LLC
Secretary of Labor v. Cemex Construction Materials South, LLC (FMSHRC CENT 2022-0007): Unclear delivery supported reopening
MSHA mailed Cemex a proposed assessment at the correct address, and postal records showed delivery, but the safety manager said he did not personally receive it until after the contest deadline. Cemex filed its reopening motion within 30 days after the assessment became a final Commission order…
Secretary of Labor v. Cemex Construction Materials South, LLC
Secretary of Labor v. Cemex Construction Materials South, LLC (FMSHRC CENT 2021-0207): Unclear COVID-era delivery supported reopening
Postal records showed that a proposed assessment was delivered to Cemex at the correct address, but Cemex had no record of receiving it. The delivery confirmation contained “COVID” in the signature block, and the exact confirmation method was unclear. Cemex moved to reopen within 30 days after MSHA…
Secretary of Labor v. Sterling Materials
Secretary of Labor v. Sterling Materials (FMSHRC KENT 2022-0127): Similar citation numbers caused clerical error
Sterling Materials intended to contest the penalty for Citation No. 9870856 but confused it with the similarly numbered Citation No. 9870855, which it had timely contested in another docket. The operator paid all six penalties in the assessment after receiving a delinquency notice. The Secretary…
Secretary of Labor v. Marfork Coal Company, LLC
Secretary of Labor v. Marfork Coal Company, LLC (FMSHRC WEVA 2023-0043): Repeated processing defect barred reopening
Marfork Coal missed the deadline to contest seven citations because an executive assistant did not change the assessment's status from “New” to “Ready for Review” in the parent company's internal system. The same assistant and same error had caused another Alpha Metallurgical subsidiary to miss a…
Secretary of Labor v. Miller Contracting Services, LLC
Secretary of Labor v. Miller Contracting Services, LLC (FMSHRC CENT 2022-0253): Lost mail supported reopening
Miller Contracting said it timely mailed a contest for Citation No. 9488618, but MSHA never received the form. The operator's short filing did not provide supporting details or documentation. Even so, Miller sought reopening promptly, filing 32 days after the assessment became a final Commission…
Secretary of Labor v. Wayne J. Sand & Gravel, Inc.
Secretary of Labor v. Wayne J. Sand & Gravel, Inc. (FMSHRC WEST 2022-0295): Mail-processing uncertainty supported reopening
Wayne J. Sand & Gravel said it never received a proposed assessment at its remote operation. Postal tracking showed that the package was held for pickup, returned to its origin, and later recorded as delivered without a signature, leaving the cause of nonreceipt unclear. After receiving a…
Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC
Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC (FMSHRC PENN 2022-0124): Staff disruptions excused one-day delay
Hanson Aggregates filed its proposed-assessment contest one day late while several senior roles were changing or temporarily uncovered. The operations manager had transferred, a new safety manager was being hired, and the plant manager was temporarily absent. The assessment was briefly overlooked…
Secretary of Labor v. Morton Salt, Inc.
Secretary of Labor v. Morton Salt, Inc. (FMSHRC CENT 2022-0237): P.O. Box receipt-date mistake excused one-day delay
Morton Salt calculated its contest deadline from the date an assessment reached the mine site instead of the earlier date it reached the company's P.O. Box. It mailed the contest one day after the assessment became a final Commission order. The operator moved promptly to reopen and said it would…
Secretary of Labor v. GCC Permian
Secretary of Labor v. GCC Permian (FMSHRC CENT 2022-0218): Contest sent to wrong MSHA office was reopened
GCC Permian timely mailed a notice of contest, but its safety manager did not verify the address. The contest was accidentally sent to MSHA's penalty collections office in St. Louis together with payment for the uncontested citations. The assessment therefore became a final Commission order even…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2023-0011): Three untracked contest packets were reopened
Consol Pennsylvania said it mailed three contest packets after paying the citations it did not intend to challenge. MSHA received the partial payments but did not receive the contest packets, which had not been sent by certified or otherwise trackable mail. Consol moved to reopen promptly after…
Secretary of Labor v. Dragon Products Company, LLC
Secretary of Labor v. Dragon Products Company, LLC (FMSHRC YORK 2022-0016): Tracked contest mailing supported reopening
Dragon Products said it timely mailed its penalty contest by certified mail with return receipt requested, but MSHA had no record of receiving it and the Postal Service tracking had expired. MSHA received partial payment of the assessment and later mailed a delinquency notice. Dragon moved to…
Secretary of Labor v. Dragon Products Company, LLC
Secretary of Labor v. Dragon Products Company, LLC (FMSHRC YORK 2021-0060): Nonreceipt prevented assessment finality
Dragon Products said it never received MSHA's proposed penalty assessment. The Secretary agreed that the assessment had been returned to MSHA rather than delivered to the operator. The Commission held that Dragon never had an opportunity to contest, so the assessment did not become a final order…
Secretary of Labor v. Blue Mountain Energy, Inc.
Secretary of Labor v. Blue Mountain Energy, Inc. (FMSHRC WEST 2021-0189): Misdirected contest was reopened
Blue Mountain Energy intended to contest one citation after MSHA upheld it at a safety and health conference. The company mistakenly mailed its contest to the Commission and an MSHA conference litigation representative instead of the correct MSHA address. The Secretary did not oppose reopening but…
Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC
Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC (FMSHRC PENN 2022-0116): Unexplained late contest denied without prejudice
Hanson Aggregates sent the Commission a notice contesting six citations after the assessment had become final and MSHA had issued a delinquency notice. The Commission treated the filing as a motion to reopen. Hanson did not explain why it missed the statutory contest deadline or identify a Rule…
Secretary of Labor v. Carmeuse Lime and Stone, Inc.
Secretary of Labor v. Carmeuse Lime and Stone, Inc. (FMSHRC LAKE 2023-0074): Vacation coverage lapse was excused
Carmeuse had already filed Commission contests for three of the thirteen penalties in an assessment. Its senior safety manager was on vacation when MSHA issued the assessment, received only an electronic copy, and mistakenly failed to submit the penalty contest after returning. Carmeuse monitored…
Secretary of Labor v. Potter South East, LLC
Secretary of Labor v. Potter South East, LLC (FMSHRC SE 2022-0204): Bare reopening request denied with prejudice
Potter South East sought to reopen five assessments covering 62 citations after MSHA had issued delinquency notices. Its brief filing said the total penalty was a surprise and that the company had implemented corrective procedures, but it did not explain the missed contest deadlines or the later…
Secretary of Labor v. Genesis Alkali, LLC
Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2022-0223): Contest sent with payment was reopened
Genesis Alkali mailed both its payment and its notice of contest before the deadline. It mistakenly sent both to the St. Louis penalty payment address instead of sending the contest to MSHA's Civil Penalty Compliance Office in Arlington. The Secretary did not oppose reopening but urged the operator…
Secretary of Labor v. Sun West Acquisition Corporation
Secretary of Labor v. Sun West Acquisition Corporation (FMSHRC SE 2022-0100): Vague staffing claim and long delay defeated reopening
Sun West said a loss of staff prevented it from receiving or timely contesting a proposed assessment. It did not identify which staffing change occurred or explain how that change caused the missed deadline. The company filed its reopening motion 351 days after the assessment became final and…
Secretary of Labor v. Lehigh Cement Company, LLC
Secretary of Labor v. Lehigh Cement Company, LLC (FMSHRC LAKE 2022-0204): Timely contest went to payment address
Lehigh Cement mailed its notice of contest well before the deadline. It mistakenly sent the notice to MSHA's St. Louis penalty payment address instead of the Civil Penalty Compliance Office in Arlington. The Secretary did not oppose reopening but urged the operator to improve its filing process…
Secretary of Labor v. Omya, Inc.
Secretary of Labor v. Omya, Inc. (FMSHRC WEST 2022-0119): Mistaken payment did not erase intent to contest
Omya had filed notices contesting the underlying citations before MSHA issued the proposed assessment. A shipping manager later received a combined invoice and mistakenly paid the penalties while believing the earlier notices had preserved the company's contest rights. The Secretary did not oppose…
Secretary of Labor v. Ironside Stone Works, Inc.
Secretary of Labor v. Ironside Stone Works, Inc. (FMSHRC WEST 2022-0216): Mine-site delivery delay was excused
MSHA delivered Ironside Stone Works' assessment to the mine site rather than the company office. The mine operator took the assessment home while on compassionate leave, and the document did not reach the office until several weeks later. Ironside filed its contest in mid-March, about two weeks…
Secretary of Labor v. U.S. Silica
Secretary of Labor v. U.S. Silica (FMSHRC WEST 2022-0157): Staff-routing error supported reopening
U.S. Silica failed to contest a proposed penalty assessment within 30 days after delivery. The company said operations and staffing changes led a new administrative assistant to send the assessment to an interim manager at another office instead of following the proper process. U.S. Silica…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2022-0207): Receptionist error supported reopening
Rockwell Mining failed to contest a proposed penalty assessment within 30 days. A new office manager receptionist received the assessment but did not provide it to the corporate safety director for more than two months. Rockwell said its normal procedure required assessments to be scanned and sent…
Secretary of Labor v. Miller Contracting Services, Inc.
Secretary of Labor v. Miller Contracting Services, Inc. (FMSHRC WEVA 2022-0173): Lost contest supported reopening
Miller Contracting Services said it mailed a penalty contest packet, but MSHA did not receive it. An internal miscommunication caused the company to send the packet without certified-mail tracking, and Miller learned of the problem only after receiving a delinquency notice. The company then updated…
Secretary of Labor v. Specialty Vermiculite, LLC
Secretary of Labor v. Specialty Vermiculite, LLC (FMSHRC SE 2022-0044): Mine shutdown disruption supported reopening
Specialty Vermiculite failed to contest a proposed penalty assessment within 30 days. The company said its Enoree Operations mine had ceased operations, most employees had been laid off, and COVID illnesses added to confusion among the remaining staff. The employee responsible for contests worked…
Secretary of Labor v. Iron Cumberland, LLC
Secretary of Labor v. Iron Cumberland, LLC (FMSHRC PENN 2022-0029): Management transition supported reopening
Iron Cumberland failed to contest two proposed penalty assessments within 30 days. The mine changed ownership and management near the end of 2021, including hiring a new safety director, and the transition altered internal processing procedures. Iron Cumberland learned of the missed assessments…
Secretary of Labor v. Espinoza Stone, Inc.
Secretary of Labor v. Espinoza Stone, Inc. (FMSHRC CENT 2021-0168): Pandemic strain supported reopening late penalty contest
Espinoza Stone did not contest a proposed penalty within 30 days, so the assessment became a final Commission order in July 2020. The operator said the unprecedented strain of the COVID-19 pandemic caused the missed deadline, that it discovered the lapse in June 2021, and that it moved to reopen 20…
Secretary of Labor v. Washington County Aggregates, Inc.
Secretary of Labor v. Washington County Aggregates, Inc. (FMSHRC CENT 2022-0012): Conference request and COVID illness excused late contest
Washington County Aggregates did not contest a proposed penalty within 30 days, so the assessment became a final Commission order in September 2021. The operator said it mistakenly believed that requesting a safety and health conference with the MSHA district office began the citation-contest…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2022-0083): Good-cause inquiry ordered for late contests
Consol missed the 30-day deadline to contest a section 107(a) order because it was trying to resolve the matter through meetings with MSHA officials. It also sought to reopen three related citations, but one had not yet been assessed, another had already been timely contested, and only Citation No…
Secretary of Labor v. Nyrstar Tennessee Mines Gordonsville, LLC
Secretary of Labor v. Nyrstar Tennessee Mines Gordonsville, LLC (FMSHRC SE 2022-0118): Paid assessment reopened after mistaken abatement belief
Nyrstar paid $12,297 for 24 citations without filing a timely penalty contest. A superintendent stated that he had believed the operator and MSHA had reached an agreement on abating each violation, but no agreement was ultimately reached and citation-termination issues remained open. The Secretary…
Secretary of Labor v. Liberty Aggregates LLC
Secretary of Labor v. Liberty Aggregates LLC (FMSHRC CENT 2022-0145): Inadvertent late contest reopened after MSHA inquiries
Liberty Aggregates did not contest a four-citation penalty assessment within 30 days, made a partial payment, and later received a delinquency notice. The operator said it had repeatedly contacted MSHA offices during January and February 2022 to understand the basis for the large assessment. It…
Secretary of Labor v. Harman Branch Mining Inc.
Secretary of Labor v. Harman Branch Mining Inc. (FMSHRC WEVA 2021-0259): Pandemic mail delay excused missing contest
Harman Branch Mining's representative said he prepared a penalty contest and placed it in the mail one day after the operator received the assessment. MSHA did not process a timely contest, and the assessment became a final Commission order. Harman attributed the failure to pandemic-related changes…
Secretary of Labor v. Kanawha Eagle Mining, LLC
Secretary of Labor v. Kanawha Eagle Mining, LLC (FMSHRC WEVA 2020-0476): Wrong contest box checked by mistake
Kanawha Eagle's safety director timely mailed a penalty-contest form but checked the box for a single $123 citation instead of the adjacent box contesting all $17,385 in penalties. The remaining assessments therefore became a final Commission order, and MSHA later issued a delinquency notice. The…
Secretary of Labor v. LaFarge Holcim
Secretary of Labor v. LaFarge Holcim (FMSHRC LAKE 2022-0098): Missing timely contest treated as mistake
LaFarge Holcim paid one citation in a two-citation assessment and said it timely submitted a contest for Citation No. 9622263 at the same time. MSHA did not receive that contest, and the assessment became a final Commission order. The operator discovered the outstanding balance on January 27, 2022…
Secretary of Labor v. United Taconite LLC
Secretary of Labor v. United Taconite LLC (FMSHRC LAKE 2022-0059): Deleted calendar deadline excused
United Taconite missed a penalty-contest deadline after receiving two proposed assessments close together. Its paralegal confused the two matters and inadvertently deleted the deadline for this assessment after filing the other contest. The Secretary did not oppose reopening but urged the operator…
Secretary of Labor v. ICG Illinois LLC
Secretary of Labor v. ICG Illinois LLC (FMSHRC LAKE 2022-0015): Contests sent with payments to lockbox reopened
ICG Illinois intended to contest citations in two assessments but mistakenly sent the contest notices with its payments for uncontested citations to MSHA's St. Louis lockbox. The notices should have been sent separately to MSHA's Arlington office, so both assessments became final Commission orders…
Secretary of Labor v. Bob Bergkamp Construction Company, Inc.
Secretary of Labor v. Bob Bergkamp Construction Company, Inc. (FMSHRC CENT 2022-0184): Contest sent to wrong agency reopened
Bob Bergkamp Construction attempted to contest a proposed penalty before the deadline but sent its notice to the Commission instead of MSHA. The operator supplied a confirmation email showing that it uploaded a document to the Commission's electronic case system on March 29, 2022, eight days after…
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.