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 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…
Secretary of Labor on behalf of Brek Pinkerton v. RMC Mining Development, LLC, et al.
Secretary of Labor on behalf of Brek Pinkerton v. RMC Mining Development, LLC, et al. (FMSHRC WEST 2024-0114): Discrimination default and damages ordered
The Secretary brought a Mine Act discrimination case for miner Brek Pinkerton against RMC Mining Development, American Mining Properties, Russ Myers, and Matthew Head. The respondents repeatedly failed to answer, participate in discovery, attend depositions, respond to show-cause orders, or oppose…
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…
Secretary of Labor obo Alvaro Saldivar v. CalPortland Company obo Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. CalPortland Company o/b/o Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Reinstatement appeal dismissed
This temporary-reinstatement case concerned miner Alvaro Saldivar and was under Commission review at Grimes Rock's request. CalPortland later notified the Commission that it had become the facility's operator and would appear on behalf of Grimes Rock. The Commission amended the caption to reflect…
American Tripoli v. Secretary of Labor and Secretary of Labor v. American Tripoli
American Tripoli v. Secretary of Labor and Secretary of Labor v. American Tripoli (FMSHRC CENT 2025-0086): Backpay-enforcement citation and order affirmed
An earlier discrimination decision ordered American Tripoli to pay former miner Robert Baumann back pay and interest. The company did not pay while Commission review was pending, even after the Commission denied its request to stay enforcement. MSHA issued a citation for failing to comply with the…
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 Jamie M. Koslop v. Atlantic Carbon Group, Inc.
Secretary of Labor on behalf of Jamie M. Koslop v. Atlantic Carbon Group, Inc. (FMSHRC PENN 2025-0067): Miner temporarily reinstated after safety complaints
Jamie Koslop, a laborer at Atlantic Carbon's mines, alleged that he was fired after speaking with investigators following a fatal mine accident, reporting machinery and equipment hazards, seeking to become a miners' representative, and refusing a manlift assignment for which he said he lacked task…
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…
Secretary of Labor on behalf of Alvaro Saldivar v. Grimes Rock, Inc.
Secretary of Labor on behalf of Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Temporary-reinstatement payments calculated on remand
The Commission remanded this long-running temporary-reinstatement matter to calculate what Grimes Rock still owed Alvaro Saldivar after an earlier enforcement order and to determine interest on late payments. The Judge treated the Commission's prior rulings as settled and rejected Grimes Rock's…
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2022-0334): Paid penalties mooted stay request
An ALJ granted summary decision in a discrimination case and assessed civil penalties against Grimes Rock. The company asked the Commission to stay payment while the case was on appeal or allow it to place the money in an interest-bearing escrow account. After filing that request, Grimes paid the…
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Consequential damages denied on remand
On remand, the judge considered whether miner Alvaro Saldivar could recover consequential damages tied to delayed temporary-reinstatement payments. He held that such damages are available only after a proven section 105(c) discrimination violation, while the unappealed merits decision had found no…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Jason Hargis v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2021-0163): Injury reporting affirmed and discrimination dismissal sustained
Jason Hargis reported a back injury after handling crusher liner plates, was placed on light duty, and was terminated about a month later. The Commission affirmed that Vulcan violated the injury-reporting rule because Hargis could not perform all his duties and management knew his work had been…
Secretary of Labor obo Robert Baumann v. MOsenecaManufacturer LLC dba American Tripoli
Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Backpay stay denied during appeal
An ALJ found that American Tripoli discriminated against miner representative Robert Baumann and ordered $10,552 in backpay plus interest, along with civil penalties. The operator appealed and sought to stay the backpay award after MSHA warned that nonpayment could lead to enforcement action. The…
Grimes Rock, Inc. v. Secretary of Labor and Secretary of Labor v. Grimes Rock, Inc.
Grimes Rock, Inc. v. Secretary of Labor (FMSHRC WEST 2022-0334): Enforcement citations and withdrawal order affirmed
Grimes Rock did not timely pay $12,533.94 in temporary economic reinstatement that an earlier judge had ordered for miner Alvaro Saldivar. MSHA cited the company, issued a section 104(b) withdrawal order when it failed to abate, and issued another citation when mine operations continued despite…
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…
Secretary of Labor obo Jimmy Lee Hoover v. MoSeneca Manufacturer, LLC d/b/a American Tripoli
Secretary of Labor obo Jimmy Lee Hoover v. American Tripoli (FMSHRC CENT 2024-0024): Electrical work refusal supported temporary reinstatement
Jimmy Lee Hoover refused to reach into an energized breaker box to reset mill equipment because he feared electrocution from the 220-volt current. American Tripoli terminated him the next morning, while maintaining that the decision resulted from his late return from lunch, disrespectful response…
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): Economic temporary reinstatement approved
The judge had ordered Warrior Met Coal Mining to temporarily reinstate Samuel Coleman on December 12, 2023. Nine days later, the parties jointly asked to replace actual reinstatement with an economic temporary-reinstatement agreement retroactive to the original order date. The judge found that the…
Secretary of Labor obo Jimmy Lee Hoover v. Mosenecamanufacturer, LLC dba American Tripoli
Secretary of Labor obo Jimmy Lee Hoover v. American Tripoli (FMSHRC CENT 2024-0024): Temporary reinstatement ordered
Jimmy Lee Hoover testified that he declined to open an electrical breaker box and reach inside after the external reset failed because he believed the task was unsafe. American Tripoli terminated him the following day and argued that the discharge resulted from prior performance, attendance…
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…
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 obo Alvaro Saldivar v. Grimes Rock, Inc. (amended)
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Reinstatement continued through finality and required full pay
Alvaro Saldivar received temporary economic reinstatement after alleging that Grimes Rock fired him for safety complaints, with the company initially paying the difference between his new wages and his former mine wages. After Saldivar was incarcerated and Grimes discovered additional…
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 obo Phillip Bowman v. Lexington Coal Company, LLC
Secretary of Labor obo Phillip Bowman v. Lexington Coal Company (FMSHRC WEVA 2023-0363): Economic reinstatement tolled after mine shutdown
Lexington Coal sought to toll Phillip Bowman's temporary economic reinstatement after the Twilight Surface Mine was idled and employees with Bowman's skill set were laid off. The judge accepted evidence that the shutdown resulted from losing a high-price coal sales contract and that no comparable…
Secretary of Labor obo John Collins v. Crimson Oak Grove Resources, LLC
Secretary of Labor obo John Collins v. Crimson Oak Grove Resources (FMSHRC SE 2023-0235): Temporary reinstatement ordered
John Collins repeatedly told his supervisor that he was uncomfortable using a Komatsu 250 loader to lift a heavy pan line onto a truck. He followed the instruction, and the loader tipped forward while lifting the second piece, causing the rear to rise and then slam down and resulting in back pain…
Secretary of Labor obo Victor Torres v. W. G. Yates & Sons Construction Company
Secretary of Labor obo Victor Torres v. W. G. Yates & Sons Construction Company (FMSHRC WEST 2023-0256): Tolling issue required meaningful notice
Victor Torres alleged that W.G. Yates & Sons laid him off after he raised a safety concern, refused work he believed was unsafe, and photographed the incident for a report. A Judge found the discrimination complaint non-frivolous but tolled temporary reinstatement because layoffs had left no…
Secretary of Labor obo Victor Torres v. W. G. Yates & Sons Construction Company
Secretary of Labor obo Victor Torres v. W. G. Yates & Sons Construction (FMSHRC WEST 2023-0256): Reinstatement granted but tolled
Victor Torres exercised stop-work authority because he believed using a manlift to lower pipe was unsafe, documented the work with photographs, and was laid off three days later. The judge found a nonfrivolous issue as to whether the safety activity played a role in the layoff, so he granted the…
Secretary of Labor on behalf of Jason Hargis v. Vulcan Construction Materials, LLC; Jason Hargis v. Vulcan Construction Materials, LLC
Secretary of Labor on behalf of Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2021-0163): Commission requested briefing on reinstatement finality
The Commission had granted cross-petitions for review in three consolidated proceedings involving Vulcan Construction Materials and miner Jason Hargis. After the parties filed their briefs, the Commission identified an issue they had not addressed. Mine Act section 105(c)(2) refers to a 30-day…
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…
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 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 George Porter v. Pacer Minerals, LLC
Secretary of Labor obo George Porter v. Pacer Minerals, LLC (FMSHRC CENT 2023-0058): Temporary reinstatement ordered
George Porter alleged that Pacer Minerals laid him off eight days after he reported working near six undetonated explosive charges at the Pink Monster Mine. The Secretary’s investigator stated that mine management knew the explosives were present but did not explain the danger when directing Porter…
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): Temporary economic reinstatement agreement approved
The Secretary obtained an amended order temporarily reinstating miner George Rice while MSHA considered his discrimination claim against Nally & Hamilton Enterprises. The parties then asked to substitute a temporary economic-reinstatement agreement that was retroactive to September 22, 2022. The…
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 on behalf of Alvaro Saldivar v. Grimes Rock, Inc.
Secretary of Labor on behalf of Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Stay of reinstatement-payment enforcement denied
Alvaro Saldivar received temporary economic reinstatement while his discrimination case against Grimes Rock proceeded, with outside earnings offset against the operator's payments. After periods when Saldivar was unavailable for work and later had no outside job, a judge ordered Grimes Rock to pay…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Temporary reinstatement payments enforced
Grimes Rock and miner Alvaro Saldivar had agreed to economic reinstatement while his discrimination case was pending, with outside wages offset against what the company owed. Grimes Rock kept paying the reduced amount after Saldivar left the outside job and became unemployed, and it repeatedly…
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., et al. (FMSHRC CENT 2021-0184 DM): Temporary reinstatement agreement enforced
Mario Sinacola & Sons Excavating missed payments required by its temporary economic reinstatement agreement with miner Moses Ortiz. The company asked the judge to dismiss the discrimination case and sanction Ortiz for alleged perjury, relying in part on criminal convictions that Ortiz had not…
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…
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…
Secretary of Labor obo Darcy White v. Prairie State Generating Co.
Secretary of Labor obo Darcy White v. Prairie State Generating Co. (FMSHRC LAKE 2021-0158): Economic reinstatement remains in effect
Darcy White and Prairie State Generating had agreed to temporary economic reinstatement while the Secretary investigated her discrimination complaint. After White amended the complaint to add a staffing agency, the Secretary requested more time to investigate, and Prairie State asked the judge to…
Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC
Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC (FMSHRC WEST 2021-0148 DM): Ventilation allegation added to complaint
Miguel Pugmire alleged that Nevada Gold Mines terminated him after he removed four headings from service because of low airflow readings. Discovery produced evidence that he had also raised ventilation concerns at an earlier meeting attended by the manager who later terminated him. The Secretary…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2021-0163): Economic reinstatement granted
The Secretary sought temporary reinstatement for Jason Hargis at Vulcan Construction Materials. Vulcan did not request a hearing, and the parties agreed to economic reinstatement terms. Judge Michael G. Young found that the discrimination complaint was not frivolously brought and ordered economic…
Secretary of Labor obo Darcy White v. Prairie State Generating Co.
Secretary of Labor obo Darcy White v. Prairie State Generating Co. (FMSHRC LAKE 2021-0158): Economic reinstatement approved
Darcy White and Prairie State Generating reached an agreement for temporary economic reinstatement while her discrimination complaint was investigated. Judge Thomas P. McCarthy found the agreement fair, reasonable, and consistent with the Mine Act's purpose. He ordered Prairie State to provide…
Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc.
Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc. (FMSHRC PENN 2021-0087): Temporary reinstatement granted
Ryan Lemley, a belt cleaner at Monongalia County Mine, alleged that the operator discharged him after years of reporting safety issues, accompanying inspectors, and filing complaints with MSHA. The Secretary's investigator cited those activities, management's alleged hostility, different treatment…
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): Temporary reinstatement affirmed
Alvaro Saldivar alleged that Grimes Rock terminated him one day after his latest safety complaint and after repeated requests for equipment-specific task training. The Judge found the discrimination complaint was not frivolously brought and ordered temporary reinstatement. Grimes Rock challenged…
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 Roger Cook v. Rockwell Mining, LLC
Secretary of Labor obo Roger Cook v. Rockwell Mining, LLC (FMSHRC WEVA 2021-0203): Temporary reinstatement affirmed
Roger Cook, a fire boss at Rockwell Mining's Eagle #3 Mine, reported to MSHA that a pump's ground-monitor protection had been bypassed. Rockwell suspended him the next day and terminated him four days later, while asserting that separate misconduct involving a scoop's defective panic bar caused the…
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): Economic reinstatement agreement approved
The Secretary sought temporary reinstatement for Tracy Lewis while his discrimination complaint against Tip Top Materials remained pending. Tip Top did not timely request a hearing, and Judge Michael G. Young had already ordered Lewis temporarily reinstated. The parties then agreed that Tip Top…
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…
Secretary of Labor obo Jacob Hamilton v. Small Mine Development
Secretary of Labor obo Jacob Hamilton v. Small Mine Development (FMSHRC WEST 2021-0069): After-acquired evidence excluded from reinstatement hearing
Before Jacob Hamilton's temporary-reinstatement hearing, the Secretary sought to exclude evidence that would create credibility conflicts or support Small Mine Development's rebuttal and affirmative defenses. Judge David Simonton held that the operator could present relevant testimony and documents…
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…
Secretary of Labor obo William R. Whitmore v. Yager Materials Corp.
Secretary of Labor obo William R. Whitmore v. Yager Materials Corp. (FMSHRC KENT 2020-0116 DM, KENT 2020-0117 DM): Safety manager temporarily reinstated
William Whitmore, Yager Materials' maintenance manager, alleged that he reported training problems, COVID-19 protocol concerns, a haul-truck near miss, and equipment safety defects. Yager suspended and fired him soon afterward, stating that he made inappropriate comments about extending a new…
Secretary of Labor obo William R. Whitmore v. Yager Materials Corp.
Secretary of Labor obo William R. Whitmore v. Yager Materials Corp. (FMSHRC KENT 2020-0116 DM, KENT 2020-0117 DM): Limited prehearing disclosure ordered
Before William Whitmore's temporary-reinstatement hearing, Yager Materials sought interview statements, management-witness materials, hearing exhibits, and documents used by MSHA's investigator. Judge William Moran held that fairness required the Secretary to provide Whitmore's own interview…
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…
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.