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…
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…
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…
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 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 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…
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): Temporary economic reinstatement ended with Secretary's case
The Secretary obtained temporary reinstatement for miner George Rice while MSHA investigated his discrimination claim against Nally & Hamilton Enterprises. The parties then agreed to temporary economic reinstatement and provided that the operator could seek dissolution if the Secretary declined to…
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 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 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 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…
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…
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…
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.