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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Tidewater Pacific, Inc.
OSHA jurisdiction upheld on uninspected tugboat
OSHA cited working conditions on an uninspected tugboat operating within Alaska's three-mile territorial waters. The Commission held that a vessel in those waters is a workplace in a state under the OSH Act. Coast Guard regulation did not preempt OSHA's confined-space, machine-guarding…
Jacksonville Shipyards, Inc.
Citations reinstated after mootness reversal
The Eleventh Circuit vacated a second dismissal of this case and held that it was not moot because OSHA continued to seek civil penalties for alleged past violations. The court's ruling reinstated four citations classified as serious, willful, repeated, and other-than-serious, with $692,000 in…
Turner Construction Co.
Citation vacated as a sanction for the Secretary's repeated failure to file a complaint on time
OSHA issued a citation to Turner Construction Co. on September 26, 1996. Instead of filing its complaint on time, the Secretary of Labor asked the judge for extensions three separate times, each time to "more fully analyze the issues." Chief Judge Irving Sommer had granted the first two requests…
Sebco, Inc.
Late notice of contest dismissed, citation stands
Sebco, Inc., a general contracting and construction management firm, received an OSHA citation and proposed penalties by certified mail on May 15, 1996. Employers have 15 working days to file a notice of contest, or the citation becomes a final order automatically. Sebco did not respond until July…
Sterling Plumbing Group, Inc.
Lead-inspection warrant and citations upheld
A state health department referred reports that Sterling employees had blood-lead levels above OSHA's medical-removal threshold. After Sterling denied entry, OSHA obtained a warrant and cited lead-standard and recordkeeping violations. The Commission held that the warrant application contained…
L.R. Willson and Sons, Inc.
Fall-protection citation vacated on court remand
A supervisor and crew member performed steel-erection work without the required safety cables. The Commission had previously affirmed the violation as serious, but the Fourth Circuit held that OSHA bore the burden of proving the supervisor's conduct was foreseeable or preventable. On remand, the…
Regional Scaffolding & Hoisting Co., Inc.
Off-site surveillance challenge rejected
An OSHA compliance officer observed and videotaped employees dismantling an exterior hoist without fall protection, first from a public plaza and then from a federal courthouse roof. Regional Scaffolding argued that the surveillance violated the Fourth Amendment and the OSH Act's credential and…
CBI Na-Con, Inc.
"shall be provided" does not require the employer to pay for welding gloves
CBI Na-Con, a construction contractor and subsidiary of Chicago Bridge & Iron, ran a site in Geismar, Louisiana where it employed over 50 welders and required them to wear welding gloves. OSHA cited the company for an other-than-serious violation of 29 C.F.R. § 1926.95(a), the construction personal…
R. P. Carbone Construction Co.
General contractor liable for subcontractor's exposed fall hazard
R. P. Carbone Construction Company was the general contractor on a recreation-center project in Cleveland, Ohio, and subcontracted the steel erection to CommSteel. During a July 1996 inspection prompted by a complaint, an OSHA compliance officer saw two CommSteel ironworkers installing bridging…
Donald Braasch Construction, Inc.
Informer-privilege sanctions reversed
After a crane operator was seriously injured, the employer sought any statement he may have given OSHA. The ALJ found the informer privilege waived, ordered disclosure, barred the Secretary from calling the operator, and dismissed a willful item carrying a proposed $49,000 penalty when the…
Tops Markets, Inc.
Cord-and-plug lockout violations affirmed
A bakery employee seriously injured a finger when a roll machine started unexpectedly while he changed a die without unplugging it. Employees also cleared jams from another plugged-in machine that could crush or lacerate their hands. Tops argued that cord-and-plug equipment was exempt from…
Anthony Crane Rental, Inc.
Crane inspection and repair violations affirmed
Anthony Crane Rental leased a truck crane whose boom later collapsed at an airport construction site, killing the lessee's crane oiler. On court remand, the issue was whether Anthony Crane's own employees were exposed to hazards from missing inspection records, improperly adjusted components, and…
Geo & Ted Electric Corp.
Two of four contested items upheld against an electrical contractor, two vacated
Geo & Ted Electric Corp. (G&T), a Brooklyn electrical contractor, was one of several contractors renovating New York City's medical examiner building. OSHA inspected after a fatal accident involving a different contractor's employee and cited G&T for serious and repeat violations. By the time of…
C.E.M. Plumbing, Inc.
Trench violation affirmed as serious, not willful
C.E.M. employees worked for 15 to 20 minutes in a six-foot-deep trench with vertical walls and no protective system. The company president said shoring costs would have affected the bid, but he also believed clay soil and tree roots made the trench safe. The Commission found that OSHA did not prove…
Marie Kischel, d/b/a Schiller's Window Cleaning Service
Settled case remanded for disposition
The Acting Secretary informed the Commission that the case had settled. The Secretary asked that it be returned to the ALJ for disposition together with related docket 96-0627. The Commission granted the motion and remanded the case.
Borg-Warner Protective Services Corporation, d/b/a Burns International Security Services
Bloodborne-pathogen items split and reduced
Burns security guards at a manufacturing plant treated minor cuts and burns, transported injured workers, and were expected to provide CPR when needed. The judge found that these duties created occupational exposure under the bloodborne-pathogens standard even though actual blood contact was…
The Edward R. Hart Co.
Three serious scaffold and training violations affirmed
The Edward R. Hart Co. was an insulation subcontractor working at the Dover Chemical plant in Dover, Ohio. Responding to a complaint about workers on unguarded scaffolds, OSHA inspected and issued a three-item serious citation. OSHA charged that the company failed to train employees to recognize…
Empire Company, Inc.
Marine-terminal coverage affirmed
Empire repaired and rented equipment at a Puerto Rico facility about one-half mile from a municipal wharf. Most of its chassis, container, and finger-lift work served maritime customers, although it did not itself move cargo between vessels and shore. The Commission accepted OSHA's interpretation…
Tri-State Steel Construction, Inc., and National Engineering & Contracting Company
Attorney-fee applications denied
This order resolves a request for legal fees after two consolidated OSHA cases arising from a highway bridge rehabilitation project in Cincinnati, Ohio. Tri-State Steel Construction, a wholly-owned subsidiary of National Engineering & Contracting Company (NEC), had prevailed on several citation…
Oscar Renda Contracting, Inc.
Record reopened after interpreter and witness failures
An employee died when a 3,500-pound plate fell while being lowered into a trench, and OSHA issued numerous serious citations with $26,400 in proposed penalties. At the hearing, the inspecting officer did not appear, two key Spanish-speaking witnesses could not communicate effectively without an…
Anderson Excavating and Wrecking Company
Demolition fall violation found willful
Three employees manually demolished a bank vault about 35 feet above the ground without safety belts, nets, or other fall protection. The Commission found Anderson plainly indifferent because it provided only vague warnings not to fall, gave inadequate hazard training, and did not have…
Naporano Iron & Metal Company
Scrap-loading crane cited for no load indicating device and unguarded swing radius, both items affirmed
Naporano ran a scrap metal terminal at Port Newark, New Jersey, where barge-mounted cranes loaded scrap onto vessels and occasionally unloaded steel rails. After an inspection, OSHA cited two serious violations of the longshoring crane standard: no load indicating device on either crane, 29 C.F.R…
Navieras NPR, Inc.
Dismissal reviewed so settlement could be considered
The judge dismissed the case and vacated the citations after the Secretary failed to file a complaint by the final deadline. Before that dismissal became a final order, the Secretary submitted a settlement that the parties had apparently reached before the judge ruled. The agreement withdrew one…
Color Image, Inc.
Ten-minute forklift instruction was inadequate
Color Image used a stand-up forklift in its warehouse and allowed four employees to operate it. An employee who had experience only with a different type of forklift received a ten-minute oral demonstration in Vietnamese, was not tested, and was later seen operating unsafely several times. OSHA…
Kokosing Construction Co., Inc.
Rebar item affirmed, formwork fall item vacated
A Kokosing carpenter fell about 22 feet while dismantling concrete formwork and died near two rows of unguarded reinforcing steel. The Commission found that part of his body could have fallen onto the rebar and that the conspicuous condition, crews in the area, and inadequate inspection…
Gem Industrial, Inc.
Fall item affirmed as serious, not repeated
Three GEM ironworkers performed detailing work on beams about 31 feet above the ground without fall protection. The Commission found that GEM had a communicated tie-off rule, but its repeated oral warnings were ineffective, its progressive discipline was not followed, and its monitoring was…
MBH Builders, Inc.
Review petition dismissed after no brief was filed
The judge entered a default judgment against MBH Builders and affirmed the citations and proposed penalties. MBH petitioned the Commission for discretionary review but did not respond to the briefing notice. A later certified-mail order requiring the company to file its brief was returned…
Mashantucket Sand Gravel
Tribal intramural work fell outside OSH Act coverage
Mashantucket Sand & Gravel was wholly owned and managed by the Mashantucket Pequot Tribe and performed site work only on the reservation for tribal projects. The parties stipulated to the cited conditions and penalties but disputed whether the OSH Act applied. The Commission held that the…
Globe Contractors, Inc.
Power-line and trench items affirmed, inspection item vacated
OSHA inspected Globe's underground-construction site on a public road and observed a backhoe operating within ten feet of an overhead wire and an employee standing on a ladder and later a water main inside an unprotected trench. The judge rejected Globe's warrant and inspection-conduct objections…
Sunshine Guardrail Service
Advance traffic signs required for roadside work
Sunshine replaced guardrail posts beside four lanes of Florida Turnpike traffic after the general contractor failed to place the required advance construction signs. The crew used cones, safety vests, truck warning lights, and the guardrail area, but those measures did not warn motorists in…
Herzog Food, Inc.
Late contest dismissed for lack of excusable neglect
Herzog received OSHA's citation and proposed penalty on December 18, 1995, making its notice of contest due January 10, 1996. Its attorney did not send a protest until January 18. Herzog blamed snow emergencies, but the record showed that the owner and insurance representatives received, read, and…
D. A. Collins Constr. Co., Inc.
Foreman's tie-off violations defeated misconduct defense
Collins carpenters stripped bridge formwork from a temporary platform 34 feet above the ground. A carpenter fell from the bridge and died, and OSHA cited the company for fall-protection violations. Two carpenters routinely crossed the unguarded platform without tying off, and their foreman observed…
D.M. Sabia Company
Repeat scaffold violation reinstated after court mandate
Sabia stipulated that it violated the scaffold standard requiring guardrails and toeboards on elevated platforms. The judge classified the violation as repeated and assessed an agreed $4,000 penalty, but the Commission initially reduced it to serious with a $1,000 penalty under then-controlling…
Peterson Construction Co.
Unsecured decking and floor-hole items affirmed
A carpenter loosened a sheet of second-floor plywood decking to remove column formwork, leaving an opening and an unstable walking surface 21 feet above the lower level. When he stepped on the loose sheet, it lifted and he fell through the opening onto reinforcing steel, causing serious injuries…
Ralph Taynton d/b/a Service Specialty
EAJA fee request denied despite prevailing
Service Specialty sought $34,512.95 in attorney, agent, and other expenses after the Commission vacated its citation in full. The Commission had held that OSHA lacked jurisdiction because the sole proprietorship had stopped operating and no longer had an employee before the citation issued. The fee…
Hemphill Construction Co., Inc.
Repeat trench spoil-pile violation affirmed
Hemphill installed a water line in a trench while a backhoe placed excavated soil at the trench edge. An OSHA regional investigator observed employees enter the trench with the spoil pile nearby and photographed the condition. The judge credited that testimony despite the investigator's lack of…
Andrew Catapano Enterprises, Inc.
Separate trench citations largely upheld
OSHA issued nine sets of citations covering 98 alleged violations at separate water-main trench worksites along Eighth Avenue in New York City. The Commission held that the Secretary could inspect and cite the separate worksites independently because correcting a condition in one trench did not…
James Construction
Controlling employer liable for subcontractor hazards
James Construction supervised a siding subcontractor and controlled its work approval and payment. The judge held that James could not ignore repeated safety violations merely because stronger enforcement might delay the job or reduce profits. Serious items involving eye protection, unguarded…
Aero Tec Laboratories, Inc.
Plant safety items largely affirmed with reduced penalties
Aero Tec manufactured fuel tanks and containment vessels at its New Jersey plant. The judge rejected its claim that OSHA had promised no penalties or exceeded the scope of consent because management accompanied the open inspection without objecting. The decision affirmed items involving an…
Superior Tank and Trailer Co.
Press-brake item affirmed, three other items vacated
Superior repaired commercial tanks and trailers that had carried products ranging from food to gasoline and acids. The judge found that its contractor washouts, supervisor checks, atmospheric testing, periodic retesting, and forced-air ventilation adequately evaluated the units and prevented them…
Niemand Industries, Inc.
Talc items vacated after court rejected sampling method
OSHA cited Niemand for excessive talc exposure, unapproved dust masks, and failure to use feasible engineering or administrative controls. The Commission initially affirmed those items based on gravimetric sampling. The Eleventh Circuit held that OSHA could not prove a Table Z-3 violation with a…
Powder Rock, Inc.
Hard-hat and signal items affirmed, blast-area item vacated
Powder Rock performed secondary blasting for a sewer trench project. One blast unexpectedly sent rock and debris high across the worksite, seriously injuring a general-contractor employee. The judge affirmed the hard-hat item because Powder Rock's two employees worked around recurring blasting…
Jim Smith Body Shop Wrecker Serv.
Unmailed protest did not preserve contest rights
Jim Smith Body Shop received OSHA's citations and proposed penalties on January 25, 1996, making its notice of contest due February 15. The owner began a protest letter dated February 7, but the postage meter was dated February 16 and the letter did not reach the Little Rock post office until…
Kirila Contractors, Inc.
Fifth excavation offense affirmed as willful
Kirila excavated beside a highway to push a gas line and allowed its president and another employee to work in an area at least five feet deep without sloping or another protective system. The judge rejected the claim that only a small sump hole exceeded five feet and found that the cited wall was…
Connelly Construction Corp.
Scaffold guardrail violation affirmed as willful
Connelly performed masonry work from multi-level scaffolding at a shopping mall construction site. The judge found serious violations for employees without hard hats, inadequate scaffold access, missing overhead screening above a building entrance, and unguarded stairways. The principal…
Lu Mar Enterprises
Settlement of excavation citations approved
OSHA issued Lu Mar two citations alleging serious and willful excavation-related violations at a New Jersey worksite. After hearings on three dates, the parties reached a settlement and placed its terms on the record. The judge approved and incorporated the stipulated settlement in full. The…
Yellow Freight Systems, Inc.
DOT rules did not preempt OSHA spill protections
OSHA cited Yellow Freight after hazardous-material spills at its Colorado freight terminal. The Commission held that the governing transportation statute expressly prevented Department of Transportation actions from preempting OSHA enforcement for the cited working conditions. It remanded the…
Badger Underground Constr., Inc.
Default relief denied after certified notice
Badger failed to answer the Secretary's complaint or respond to a show-cause order, so its notice of contest was dismissed and the citations and proposed penalties became final. More than a year later, it appealed the Secretary's penalty-collection efforts and claimed that it had not received the…
Amerisig Southeast, Inc.
Printing-press guarding item classified as repeated
Three Amerisig employees suffered serious hand injuries from unguarded printing or binding machinery over eight months. The citation on review arose when a press unexpectedly reversed during the webbing-up process and pulled an employee's hand into the rollers. The Commission found that an…
Dr. Dione Williams
Hepatitis B vaccination citation vacated
OSHA cited Dr. Dione Williams for allegedly failing to make hepatitis B vaccination available to an employee who requested it after initially declining it. The doctor told the employee that the vaccination was free at a nearby hospital. The employee knew the hospital's location, had transportation…
Minelli Construction Company, Inc.
Mixed ruling on bridge rehabilitation safety citations
Minelli Construction Company was a subcontractor performing rehabilitation work on a New York Thruway bridge. OSHA cited the company for alleged hazards involving eye and face protection, hazard communication, fall protection, electrical equipment, suspended scaffolds, access, and gasoline storage…
Northwest Erectors, Inc.
Metal decking citation vacated
Northwest Erectors installed metal roof decking at a construction site in Pennsylvania. The company settled a fall-protection citation under 29 C.F.R. § 1926.105(a) for a $1,500 penalty. The remaining citation alleged that employees walked on decking that was not secured against movement under 29…
Hudson Wood Recycling, Inc.
Remand for employer-status jurisdiction inquiry
An administrative law judge dismissed Hudson Wood Recycling's notice of contest after the company failed to comply with prehearing requirements and did not answer a show-cause order. Hudson then asserted that it had never had employees, raising whether it was an employer covered by the Occupational…
Citadel Corporation
Excavation and training citations vacated
Citadel Corporation was the general contractor for construction of two apartment buildings on the Georgia Tech campus. OSHA alleged that Citadel failed to train employees about excavation hazards, lacked a competent person to inspect excavations, and willfully failed to protect employees from…
North Florida Shipyards, Inc.
Aerial-lift citations vacated
Two North Florida Shipyards employees used an aerial lift to move steel plates onto a barge, overloaded the basket, and did not tie off. The lift tilted and then righted itself, throwing one employee from the basket; he died from his injuries later that day. OSHA issued five serious citation items…
Superior Electric Company
Repeated guardrail violation affirmed
Superior Electric employees used an unguarded catwalk about 10 feet above the floor while completing electrical work in a renovated warehouse. An employee fell while stepping from the catwalk onto a ladder and was injured. The Commission reversed the judge's ruling that Superior lacked knowledge…
Kiewit Atkinson Kenny
Mixed ruling on tunnel electrical hazards
Kiewit Atkinson Kenny was the general contractor for a tunnel construction project on Deer Island in Massachusetts. The judge held that Kiewit could be responsible for hazards created by its electrical subcontractor because Kiewit supervised the worksite and could obtain abatement. She affirmed…
P. Gioioso & Sons, Inc.
Trench safety violations affirmed
P. Gioioso & Sons was installing water lines in Winthrop, Massachusetts, when OSHA inspectors saw a foreman and another employee inside an unprotected trench. A suspended pipe passed over the employees, and their access ladder extended only 12 inches above street level. The judge affirmed serious…
Louis Sinisgalli, d/b/a Metro Wrecking of Rochester, Inc., et al.
Willful cave-in violation affirmed
Workers were sent to remove pumps from a deep, water-filled excavation at a trailer park owned through one of Louis Sinisgalli's corporations. After the workers reported crumbling walls and unsafe conditions, Sinisgalli directed them to return and complete the work before he would pay them. A…
The Timken Company
Confined-space training violation affirmed but cut from willful to serious, penalty reduced to $3,000
The Timken Company makes tapered roller bearings and employs about 1,000 workers at its Canton, Ohio bearing plant. After an OSHA inspection, Timken was cited for confined-space violations in a heat-treat department where two vertical pit furnace areas were designated permit-required confined…
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.