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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Wanda Palo v. United States Steel Corp.
Wanda Palo v. United States Steel Corp. (FMSHRC LAKE 2023-0202-DM): Discrimination dismissal reversed
Miner Wanda Palo alleged that U.S. Steel fired her for reporting a workplace assault and resulting injury. An Administrative Law Judge dismissed the complaint after accepting the company's position that she violated injury-reporting rules and a last chance agreement. The Commission majority held…
Cecil Matney, Jr. v. Rockwell Mining, LLC
Cecil Matney, Jr. v. Rockwell Mining, LLC (FMSHRC WEVA 2023-0126): Part 90 interference finding affirmed
Cecil Matney developed black lung disease and exercised his right as a Part 90 miner to work in an area with lower respirable dust. The Commission credited findings that Rockwell changed Matney's duties while dust sampling occurred, provided insufficient staffing at other times, and left him…
Robert Thomas v. CalPortland Company
Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402): Discrimination case remanded for damages
Miner Robert Thomas alleged that CalPortland suspended and terminated him because of protected safety activity. After multiple Commission and Ninth Circuit decisions, the court held that the Commission had misapplied substantial-evidence review and that the ALJ's findings established Thomas's…
Secretary of Labor obo Timothy Barnes, et al. v. Warrior Met Coal Mining, LLC
Secretary of Labor obo Timothy Barnes, et al. v. Warrior Met Coal Mining, LLC (FMSHRC SE 2021-0152): Discrimination cases settled
A judge found that Warrior Met Coal Mining discriminated against miners Timothy Barnes and Brandon Hall for exercising rights protected by the Mine Act. The judge ordered reinstatement and backpay relief, assessed $40,000 in civil penalties, required removal of related employment records, and…
Wanda Palo v. United States Steel Corporation
Wanda Palo v. United States Steel Corporation (FMSHRC LAKE 2023-0202-DM): Discrimination complaint dismissed before Commission reversal
Wanda Palo alleged that U.S. Steel discriminated against her by disciplining and firing her after she reported that a coworker had struck her and caused an injury. The Judge found that her reports of the incident and injury were protected activity. He nevertheless concluded that Palo had not shown…
Secretary of Labor on behalf of Guillermo Ortiz v. Kilauea Crushers
Secretary of Labor on behalf of Guillermo Ortiz v. Kilauea Crushers (FMSHRC WEST 2023-0281): Discrimination complaint dismissed
Guillermo Ortiz alleged that Kilauea Crushers fired him after he raised concerns about cleaning near allegedly unguarded equipment. The Judge found that Ortiz's requests to use a skid-steer or lock out the plants were protected safety activity and that the termination followed closely enough to…
Wesley Mallery v. El Segundo Coal Company, LLC
Wesley Mallery v. El Segundo Coal Company, LLC (FMSHRC CENT 2024-0106): Miner discrimination complaint reinstated
Miner Wesley Mallery alleged that he raised workplace safety concerns and was immediately placed on administrative leave, followed by disability status at reduced pay. The judge dismissed his pro se discrimination case for failure to state a claim after issuing two show-cause orders. The Commission…
Secretary of Labor on behalf of Shaun Chapman v. Buchanan Minerals, LLC
Secretary of Labor on behalf of Shaun Chapman v. Buchanan Minerals, LLC (FMSHRC VA 2025-0026): Miner temporarily reinstated
Shaun Chapman, a roof bolter at Buchanan Mine, alleged that he raised safety concerns about rib support and dust conditions before Buchanan Minerals suspended and terminated him over alleged misuse of a personal dust monitor. The Secretary sought his temporary reinstatement while the discrimination…
Secretary of Labor on behalf of Timothy Barnes and Brandon Hall v. Warrior Met Coal Mining, LLC
Secretary of Labor on behalf of Timothy Barnes and Brandon Hall v. Warrior Met Coal Mining, LLC (FMSHRC SE 2021-0152): Retaliatory discipline and terminations remedied
Timothy Barnes and Brandon Hall operated a longwall shearer at Warrior Met's No. 7 Mine and were disciplined after running it more slowly than management directed under conditions they believed were unsafe. They were placed on probation and later terminated near the end of that probation after a…
Wesley Mallery v. El Segundo Coal Company, LLC
Wesley Mallery v. El Segundo Coal Company, LLC (FMSHRC CENT 2024-0106): Pro se discrimination complaint dismissed
Wesley Mallery alleged that El Segundo retaliated after he raised concerns about blasting procedures and other workplace issues. The judge found that his January 2023 safety reports qualified as protected activity. She nevertheless concluded that paid administrative leave and disability benefits…
Robert Thomas v. CalPortland Company
Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402): Commission rejected but-for causation and dismissed complaint
The Ninth Circuit directed the Commission to apply but-for causation to Robert Thomas's claim that CalPortland retaliated for safety complaints and protected activity. The ALJ again found discrimination, but the Commission concluded that substantial evidence did not connect Thomas's protected…
Secretary of Labor obo Samuel Coleman v. Warrior Met Coal Mining, LLC
Secretary of Labor obo Samuel Coleman v. Warrior Met Coal Mining (FMSHRC SE 2024-0060): Temporary reinstatement granted
Samuel Coleman served as a designated miners' representative at Warrior Met Coal's No. 7 Mine. The Secretary alleged that Coleman questioned a supervisor about another miner's reported safety concerns and termination, said he would inspect the area, and raised a reflective-clothing issue before…
Cecil Matney, Jr. v. Rockwell Mining, LLC
Cecil Matney, Jr. v. Rockwell Mining (FMSHRC WEVA 2023-0126): Part 90 complaint sustained
Cecil Matney developed black lung disease and exercised his Part 90 right to work in a lower-dust environment. The judge found that Rockwell Mining kept him as a move crew foreman whose required duties exposed him to excessive dust and changed his work conditions while dust sampling occurred…
Secretary of Labor obo Jordan Kelser v. Peabody Southeast Mining, LLC, et al
Secretary of Labor obo Jordan Kelser v. Peabody Southeast Mining and Jennmar Services (FMSHRC SE 2024-0025): Temporary reinstatement granted
Jordan Kelser worked at Peabody's Shoal Creek Mine through staffing company Jennmar Services. He testified that a conveyor started while he was working on it without lockout protection, causing ankle and lower-back injuries as he pulled himself off, and that a foreman then urged him not to report…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Secretary of Labor v. Warrior Met Coal Mining (FMSHRC SE 2023-0146): Summary decision denied and amended answer allowed
The Secretary alleged that Warrior Met interfered with Mine Act walkaround rights by pursuing state-court contempt sanctions connected to union representatives' efforts to accompany MSHA inspections during a strike. She sought summary decision based largely on facts stated in the pleadings. The…
Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC
Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC (FMSHRC SE 2023-0235): Loader safety concern supported temporary reinstatement
John Collins repeatedly told his supervisor that he was uncomfortable using a smaller front-end loader to lift heavy pan line. During the second lift, the loader's rear rose more than five feet, the load slid off, the machine crashed back down, and Collins injured his back. Crimson later discharged…
Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC
Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC (FMSHRC SE 2023-0235): Loader safety concern supported temporary reinstatement
John Collins repeatedly told his supervisor that he was uncomfortable using a smaller front-end loader to lift heavy pan line. During the second lift, the loader's rear rose more than five feet, the load slid off, the machine crashed back down, and Collins injured his back. Crimson later discharged…
Secretary of Labor on behalf of Juan Smitherman v. Warrior Met Coal Mining, LLC
Secretary of Labor on behalf of Juan Smitherman v. Warrior Met Coal Mining, LLC (FMSHRC SE 2021-0153): Discrimination finding affirmed
Roof bolter Juan Smitherman raised a ventilation concern about missing fly pads and was discharged shortly afterward. Warrior Met said it fired him for sleeping and taking an unauthorized break under a last-chance agreement. The administrative law judge found discrimination, imposed a $20,000 civil…
Secretary of Labor obo Larry Anderson v. Kalamazoo Materials, Inc., et al
Secretary of Labor obo Larry Anderson v. Kalamazoo Materials, Inc., et al. (FMSHRC WEST 2023-0238): Economic temporary reinstatement approved
Larry Anderson alleged that Kalamazoo Materials terminated him shortly after he sent management safety complaints and announced his selection as a miners' representative. The parties agreed to economic reinstatement, allowing Anderson to receive the financial benefits of reinstatement without…
Todd Descutner v. Nevada Gold Mines LLC
Todd Descutner v. Nevada Gold Mines LLC (FMSHRC WEST 2022-0201): Discrimination complaint dismissed
Todd Descutner complained to Nevada Gold Mines about mask use and social distancing on buses carrying miners to the Leeville Mine, then received progressive discipline and was ultimately discharged after damaging property while moving a loader. Applying the Ninth Circuit's but-for causation…
Secretary of Labor obo Paul Kirk v. Cemex Construction Materials Florida, LLC
Secretary of Labor obo Paul Kirk v. CEMEX Construction Materials Florida, LLC (FMSHRC SE 2023-0007): Summary decision denied
CEMEX sought summary decision against claims that it disciplined Paul Kirk after he raised concerns about hot dust escaping from a kiln and after MSHA received related complaints. The Judge found genuine disputes over the kiln's condition, what management did and communicated about shutting it…
Secretary of Labor on behalf of Tara Otten v. Continental Cement Company, LLC
Secretary of Labor on behalf of Tara Otten v. Continental Cement Company, LLC (FMSHRC CENT 2021-0013): Original release of walkaround pay decision
This is the original release of the Commission's decision affirming Tara Otten's walkaround-pay claim against Continental Cement. Otten received her regular laborer rate instead of the higher mobile-equipment rate she would otherwise have earned while accompanying MSHA inspectors. The Commission…
Secretary of Labor on behalf of Tara Otten v. Continental Cement Company, LLC
Secretary of Labor on behalf of Tara Otten v. Continental Cement Company, LLC (FMSHRC CENT 2021-0013): Walkaround representative was entitled to lost upgrade pay
Tara Otten served as a miners' representative during MSHA inspections and was paid her regular laborer rate instead of the higher mobile-equipment rate she would otherwise have earned. Continental Cement relied on its collective bargaining agreement, which tied upgrade pay to actually performing…
Warrior Met Coal Mining, LLC v. Secretary of Labor and Secretary of Labor v. Warrior Met Coal Mining, LLC
Warrior Met Coal Mining, LLC v. Secretary of Labor (FMSHRC SE 2023-0028): Eighteen dockets dismissed
The Acting Secretary vacated five contest citations and thirteen related penalty proceedings alleging that Warrior Met denied miners' representatives access to its No. 4 and No. 7 mines during a strike. Warrior Met did not oppose dismissal but asked the Judge first to consolidate those eighteen…
Secretary of Labor obo Ronald D. Collins v. Next Endeavor Ventures, LLC
Secretary of Labor obo Ronald D. Collins v. Next Endeavor Ventures, LLC (FMSHRC VA 2023-0023): Temporary reinstatement granted
Ronald Collins, a foreman at Next Endeavor Ventures' surface mine, raised concerns about accident reporting, preshift records, employee drug testing and credentials, miner training, and other safety requirements. He testified that supervisor Wilk Renfroe became angry when Collins insisted on…
Secretary of Labor obo Robert M. Carlucci v. Spartan Mining Company, LLC
Secretary of Labor obo Robert M. Carlucci v. Spartan Mining Company, LLC (FMSHRC WEVA 2023-0110): Economic temporary reinstatement granted
Robert Carlucci took a shuttle car out of service after its brakes failed and notified mine management. A section foreman responded that Carlucci would be allowed to operate only a shovel, and an evening-shift foreman warned that traveling to the surface to speak with safety personnel or the…
Secretary of Labor obo Moses Ortiz v. Mario Sinacola & Sons Excavating, Inc., et al.
Secretary of Labor obo Moses Ortiz v. Mario Sinacola & Sons Excavating, Inc. (FMSHRC CENT 2022-0028): Discrimination complaint dismissed
The Secretary alleged that Mario Sinacola & Sons Excavating discharged Moses Ortiz for safety complaints and for asserting a right to contact MSHA. The evidence centered on an April 2021 call after Ortiz objected to his supervisor’s conduct, declined a transfer, demanded that the supervisor be…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2022-0013): Injury reporting affirmed and discrimination complaint dismissed
Jason Hargis injured his back while handling crusher liner plates at Vulcan's Wilson County Quarry and was placed on restricted duty. Judge Young held that the injury was reportable because Hargis could not perform all his duties and management knew of that limitation, and he assessed a $300…
Haskell Addington v. XMV, Inc. and Debra Vaughan
Haskell Addington v. XMV, Inc. and Debra Vaughan (FMSHRC WEVA 2022-0114-D): Part 90 discrimination complaint dismissed on undisputed timeline
XMV miner Haskell Addington had complicated pneumoconiosis and later applied for Part 90 status. He alleged that XMV and human resources manager Debra Vaughan discriminated, retaliated, and interfered by cutting his pay and hours, assigning dusty work, withholding information about Part 90…
Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises
Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises (FMSHRC KENT 2022-0118): Truck-safety complaints supported temporary reinstatement
George Rice drove rock trucks at Nally & Hamilton's Meadow Branch Mine and repeatedly reported a broken air conditioner that made one truck dangerously hot. During the shift after an MSHA inspection, he also reported steering and brake problems in another truck and understood his foreman's…
Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises
Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises (FMSHRC KENT 2022-0118): Original temporary reinstatement order later amended
George Rice drove rock trucks for Nally & Hamilton Enterprises and repeatedly reported a broken air conditioner that made one truck dangerously hot. During the shift after an MSHA inspection, he also reported steering and brake problems in another truck and understood his foreman's direction to get…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0265 DM): Safety complaints were not the but-for cause of firing
Alvaro Saldivar alleged that Grimes Rock fired him after he complained about unsafe water-truck tires and inadequate equipment training at its sand and gravel mine. Judge Margaret Miller found that both complaints were protected activity and that Saldivar established an initial discrimination case…
Secretary of Labor obo Frank Cafego v. Civil, LLC
Secretary of Labor obo Frank Cafego v. Civil, LLC (FMSHRC WEVA 2022-0317): Equipment complaints supported temporary reinstatement
Frank Cafego alleged that Civil, LLC fired him after he repeatedly complained about equipment conditions while working as an equipment operator and truck driver. His complaints included an antifreeze leak and missing air conditioning that forced him to drive with open windows amid heavy dust. The…
Secretary of Labor on behalf of Juan Smitherman v. Warrior Met Coal Mining, LLC
Secretary of Labor on behalf of Juan Smitherman v. Warrior Met Coal Mining, LLC (FMSHRC SE 2021-0153 D): Retaliatory discharge finding requires reinstatement
Juan Smitherman was a senior roof bolter at Warrior Met's Mine No. 4, a mine subject to frequent methane spot inspections. He raised repeated safety concerns, including a complaint that roof bolting was about to occur without required ventilation controls, and asked to leave his supervisor's…
Maria T. Walker v. Capurro Trucking
Maria T. Walker v. Capurro Trucking (FMSHRC WEST 2021-0183): Discrimination complaint dismissed on summary decision
Maria Walker filed her own Mine Act discrimination case after MSHA declined to prosecute her complaint against former employer Capurro Trucking. She alleged disparate treatment and challenged the company's reasons for terminating her ore-haul truck driver employment. Judge John T. Sullivan reviewed…
Robert Thomas v. CalPortland Company and Secretary of Labor v. CalPortland Company
Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402 DM): Discrimination found under but-for causation
Robert Thomas worked as a dredge operator for CalPortland and raised concerns about excessive hours, understaffing, training, and safe work on the Sanderling Dredge. On remand from the Ninth Circuit, Judge Margaret A. Miller applied but-for causation and again found that Thomas's protected safety…
Secretary of Labor obo Barbara E. Cassidy v. Consol Pennsylvania Coal Company, LLC
Secretary of Labor obo Barbara E. Cassidy v. Consol Pennsylvania Coal Company (FMSHRC PENN 2020-0101): Safety-report retaliation proven
Barbara Cassidy, a section supervisor at Consol's Enlow Fork Mine, raised concerns about shortages of personnel rides, emergency transportation, and roof-bolting practices. Management counseled her after two safety emails and later imposed an unpaid suspension following a loud disagreement with her…
Robert Thomas v. Calportland Company
Robert Thomas v. Calportland Company (FMSHRC WEST 2018-0402 DM): Discrimination claim remanded for but-for analysis
Robert Thomas alleged that CalPortland suspended and terminated him because he exercised rights protected by the Mine Act. The Commission had reversed an Administrative Law Judge's finding of discrimination and dismissed the case for lack of evidence that protected activity motivated the adverse…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Immediate reinstatement ordered
Alvaro Saldivar alleged that Grimes Rock fired him one day after his latest safety complaint about mine equipment and after repeated requests for task-specific training. Grimes Rock relied on disciplinary write-ups but did not call witnesses to establish its asserted reason for the termination, and…
Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC
Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC (FMSHRC SE 2021-0119): Longwall operator temporarily reinstated
Timothy Barnes raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…
Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC
Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC (FMSHRC SE 2021-0118): Longwall operator temporarily reinstated
Brandon Hall raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…
Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC
Secretary of Labor obo Tracy A. Lewis v. Tip Top Materials, LLC (FMSHRC VA 2021-0008-D): Foreman temporarily reinstated
Tracy Lewis, a foreman at Tip Top Materials, participated in an MSHA investigation concerning his son's alleged firing for making a safety complaint. The Secretary alleged that Lewis was then fired under circumstances suggesting a connection to that protected activity. Tip Top did not timely…
Secretary of Labor obo Kenneth R. Hawkins v. New Point Stone Company
Secretary of Labor obo Kenneth R. Hawkins v. New Point Stone Company (FMSHRC LAKE 2021-0036): Miner temporarily reinstated after training dispute
Kenneth Hawkins alleged that New Point Stone fired him after he refused to sign a training document that he believed was inaccurate and called MSHA. The Secretary found that his discrimination complaint was not frivolously brought and applied for temporary reinstatement. New Point Stone waived its…
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc. (FMSHRC WEST 2019-0382-DM): Accounting and training claims did not prove discrimination
Pete Tartaglia alleged that Freeport-McMoRan Bagdad breached an earlier settlement, improperly recouped money from his pay, and disciplined him in retaliation for Mine Act activity. Judge David Simonton found that the company fulfilled the settlement and that the payroll deductions recovered a…
Theodore Oesau v. Rogers Group, Inc.
Theodore Oesau v. Rogers Group, Inc. (FMSHRC CENT 2019-0276 DM): Harassment finding defeated retaliation claim
Theodore Oesau alleged that Rogers Group fired him after he raised numerous equipment and workplace safety concerns at its Arkansas quarry. Judge David Simonton found that the complaints were protected and that management knowledge, possible hostility, and close timing supported an initial…
Secretary of Labor obo James McGaughran v. Lehigh Cement Company, LLC (Corrected)
Secretary of Labor obo James McGaughran v. Lehigh Cement Company, LLC (FMSHRC PENN 2019-0144 DM): Corrected reinstatement-tolling decision
This corrected release addresses James McGaughran's economic temporary reinstatement while his discrimination case against Lehigh Cement proceeded. When COVID-19 delayed the scheduled merits hearing, the Judge suspended Lehigh's payment obligation. The Commission held that a procedural delay beyond…
Secretary of Labor obo James McGoughran v. Lehigh Cement Company, LLC
Secretary of Labor obo James McGoughran v. Lehigh Cement Company, LLC (FMSHRC PENN 2019-0144 DM): Pandemic delay did not toll reinstatement
Lehigh Cement and James McGoughran had agreed to economic temporary reinstatement while his discrimination case proceeded. When COVID-19 delayed the scheduled merits hearing and the Secretary declined a video hearing, the Judge suspended Lehigh's payment obligation. The Commission held that a…
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…
Michael Deuso v. Shelburne Limestone Corp.
Michael Deuso v. Shelburne Limestone Corp. (FMSHRC YORK 2019-0015-DM): Miner ordered to address late discrimination filing
Michael Deuso alleged that Shelburne Limestone fired him after he adjusted a stone-feeder control and requested a conveyor-belt speed sensor. He filed his Commission discrimination case almost 19 months after an MSHA supervisor had told him that MSHA could not help with his original report, which…
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.