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. Consol Mining Company, LLC
Secretary of Labor v. Consol Mining Company, LLC (FMSHRC WEVA 2023-0035): High-negligence amendment allowed
After the parties settled all but one citation, the Secretary sought to amend the remaining rib-control citation from moderate to high negligence. The citation described four large broken or loose ribs in areas where miners regularly worked and traveled, and the Secretary relied on seven recent…
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. Virginia Drilling Company, LLC
Secretary of Labor v. Virginia Drilling Company, LLC (FMSHRC WEVA 2019-0226): Default vacated for excusable neglect
Virginia Drilling timely contested a proposed penalty assessment but did not answer the later penalty petition or respond to an order to show cause, resulting in default. The company sought reopening shortly after receiving a delinquency notice and said it had not received an assignment and…
Secretary of Labor v. The Quikrete Companies
Secretary of Labor v. The Quikrete Companies (FMSHRC YORK 2021-0034): Misplaced assessment reopened after COVID-19 outbreak
A proposed penalty assessment became final after Quikrete did not file a contest within 30 days. Quikrete explained that a COVID-19 outbreak left its office and plant understaffed and the assessment was inadvertently misplaced. After realizing it lacked the document, the company contacted MSHA and…
Secretary of Labor v. Lo Down Energy, Inc.
Secretary of Labor v. Lo Down Energy, Inc. (FMSHRC WEVA 2021-0180): Four misplaced assessments reopened
Four proposed penalty assessments became final after Lo Down Energy did not contest them within 30 days. The operator had rerouted MSHA assessments to its accounting office during the COVID-19 pandemic, but employees worked there only intermittently and the documents were misplaced. Lo Down learned…
Secretary of Labor v. Cooper Stone, LLC
Secretary of Labor v. Cooper Stone, LLC (FMSHRC CENT 2021-0131): Unreceived penalty assessment reopened
A proposed penalty assessment became final after Cooper Stone did not contest it within 30 days. The operator said it had ongoing mail-delivery problems, did not receive the assessment, and first learned about it from a later statement listing the uncontested violations. The Secretary did not…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Secretary of Labor v. Inwood Quarry, Inc.
Secretary of Labor v. Inwood Quarry, Inc. (FMSHRC WEVA 2019-0221): Address error supported vacating default
Inwood Quarry said it never received the hearing packet or the ALJ's show-cause order before the case defaulted. The penalty assessment form listed the company's correct post-office box, but the certificate of service and later show-cause order used a different address. The Secretary did not oppose…
Secretary of Labor v. Imerys Carbonates USA, Inc.
Secretary of Labor v. Imerys Carbonates USA, Inc. (FMSHRC SE 2020-0140): Misdirected contest package supported reopening
MSHA issued Imerys 130 citations during a nine-week inspection and divided them between two proposed assessments. Imerys timely mailed two contest packages, but sent them with payments to MSHA's St. Louis address instead of the contest address in Arlington. Only the first package was forwarded…
Secretary of Labor v. Huber Carbonates, LLC
Secretary of Labor v. Huber Carbonates, LLC (FMSHRC LAKE 2019-0236): Settled withdrawal order made reopening moot
Huber Carbonates sought permission to file a late contest of a section 104(b) withdrawal order. The company had already timely contested the penalty assessment for the underlying citation, which allowed the withdrawal order to be challenged in that penalty case. While the reopening motion was…
Secretary of Labor v. North American Millwright Services, Inc.
Secretary of Labor v. North American Millwright Services, Inc. (FMSHRC YORK 2019-0010): Good-faith payment supported vacating default
North American Millwright Services defaulted after it did not answer the Secretary's penalty petition or the ALJ's show-cause order. The operator sought reopening about 30 days after the penalties became delinquent and later paid the assessment in full. The Secretary did not oppose reopening but…
Secretary of Labor v. Genesis Alkali, LLC
Secretary of Labor v. Genesis Alkali, LLC (FMSHRC WEST 2020-0156-M): Temporary staffing change supported reopening
During a temporary change in administrative staff, Genesis Alkali mailed two intended citation contests with its payment for the other violations to MSHA's St. Louis payment address instead of the Arlington contest office. The company later checked MSHA's data system and saw that the two citations…
Secretary of Labor v. Eiger Mountain Crushing, LLC
Secretary of Labor v. Eiger Mountain Crushing, LLC (FMSHRC WEST 2019-0517-M): Certified-mail record supported reopening
Eiger Mountain Crushing believed it had timely mailed its contest by certified mail to the correct MSHA address and provided the return-receipt documentation. An MSHA delinquency notice later showed that the contest had not been timely received. Counsel promptly sought reopening, and the Secretary…
Secretary of Labor v. Freeport-McMoran Morenci, Inc.
Secretary of Labor v. Freeport-McMoran Morenci, Inc. (FMSHRC WEST 2019-0278-M): Staffing shortage supported reopening
Freeport-McMoRan Morenci was short-staffed after two industrial-hygiene employees resigned. The health and safety superintendent was covering that program while also handling proposed assessments and mistakenly believed the normal contest procedure had been completed. When MSHA sent a delinquency…
Secretary of Labor v. Commonwealth Mining, LLC
Secretary of Labor v. Commonwealth Mining, LLC (FMSHRC VA 2020-0021): Claimed nonreceipt supported reopening
Commonwealth Mining said it did not receive a proposed assessment containing four citations it intended to contest, although the Secretary confirmed delivery to the address of record. The operator adopted procedures and training to prevent another missed filing. Its representative promptly sought…
Secretary of Labor v. Buchanan Minerals, LLC
Secretary of Labor v. Buchanan Minerals, LLC (FMSHRC VA 2020-0009): Internal mail breakdown supported reopening
Buchanan Minerals used a routine mail process in which a security guard sorted delivered mail, the mine superintendent received the assessment, and the safety manager handled the contest. The safety manager never received this proposed assessment, so the company missed the deadline. Buchanan…
Secretary of Labor v. Callender Construction Company
Secretary of Labor v. Callender Construction Company (FMSHRC LAKE 2020-0092): Claimed nonreceipt supported reopening
Callender Construction said it never received the proposed penalty assessment that later became final. MSHA subsequently sent the company a delinquency notice. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. The Commission found inadvertence or…
Secretary of Labor v. Delhur Industries, Inc.
Secretary of Labor v. Delhur Industries, Inc. (FMSHRC CENT 2020-0099): Claimed nonreceipt supported reopening
Delhur Industries said it never received the proposed penalty assessment and first learned of it from an MSHA delinquency notice. The operator contacted MSHA and followed the agency's direction to seek relief from the Commission. The Secretary did not oppose reopening. The Commission found…
Theodore Oesau v. Rogers Group, Inc.
Theodore Oesau v. Rogers Group, Inc. (FMSHRC CENT 2019-0276-DM): Faxed review petition considered but denied
Theodore Oesau sought Commission review after an ALJ dismissed his discrimination complaint. His counsel filed the petition only by fax even though the Commission had warned that pandemic conditions prevented it from monitoring fax and physical mail. Because the rules still permitted fax filing…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2020-0150): Vacation backlog supported reopening with warning
Two proposed assessments arrived while Rockwell Mining's safety manager was on vacation. After returning to a backlog, he selected citations for contest and sent the forms to the corporate safety director, who mailed them on the day the assessments became final. MSHA received the forms six days…
Secretary of Labor v. Rockwell Mining, LLC
Secretary of Labor v. Rockwell Mining, LLC (FMSHRC WEVA 2019-0479): Mistaken payment supported reopening with warning
Rockwell Mining had contested the citation but inadvertently paid the associated penalty when the proposed assessment arrived. The operator discovered the mistake and filed a reopening motion 30 days later. The Secretary did not oppose, and the Commission found excusable neglect, reopened the…
Secretary of Labor v. Pinto Valley Mining Corp.
Secretary of Labor v. Pinto Valley Mining Corp. (FMSHRC WEST 2019-0516): Documented mailing claims supported reopening
Pinto Valley said it timely mailed contest forms for two assessments by certified mail and made partial payments for the uncontested penalties. The company did not have the return receipts, but submitted completed forms, payment records, and affidavits describing its reliable contest procedure. It…
Secretary of Labor v. Victory Rock Texas, LLC
Secretary of Labor v. Victory Rock Texas, LLC (FMSHRC CENT 2020-0105-M): Pro se operator received reopening despite filing delay
Victory Rock waited for the result of an MSHA conference and said it quickly returned its contest form, but it had no proof of mailing or delivery. After a delinquency notice, MSHA told the operator that no contest had been received and advised it to seek reopening. The pro se operator's motion…
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.