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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.

5,577 decisions and counting · Latest decision July 17, 2026
49 decisions 30 U.S.C. § 815(d)

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COMM

Secretary of Labor v. U.S. Aggregates, Inc.

Secretary of Labor v. U.S. Aggregates, Inc. (FMSHRC LAKE 2025-0315): Five-month reopening delay denied

U.S. Aggregates timely contested two citations issued after a miner was fatally electrocuted but did not separately contest the later proposed penalties. The company discovered the final penalties in MSHA's database, attempted an untimely email contest, and acknowledged the need for a Commission…

December 18, 2025
Procedural
COMM

Secretary of Labor v. Consol Mining Company, LLC

Secretary of Labor v. Consol Mining Company, LLC (FMSHRC WEVA 2024-0307): Unassessed withdrawal order reopened

Consol requested an MSHA conference to challenge a section 104(b) withdrawal order and expected to contest it with the later penalty assessment for the underlying citation. MSHA assessed no separate penalty for the order, so it was not included as a contestable item in the petition and became final…

April 14, 2025
Procedural
ALJ

Secretary of Labor v. Heidelberg Materials Northeast, LLC

Secretary of Labor v. Heidelberg Materials Northeast, LLC (FMSHRC PENN 2024-0057): Missing mine-map airflows violated ventilation rule

Heidelberg's annual ventilation map showed airflow for two mine openings but omitted the direction and quantity for two other openings carrying large ambient airflows. The judge rejected Heidelberg's argument that only mechanically generated flows in primary or secondary entries were principal air…

October 25, 2024 ·Jacqueline R. Bulluck
Citations affirmed
ALJ

Secretary of Labor v. Northshore Mining Company and Matthew Zimmer, Roger Peterson employed by Northshore Mining Company

Secretary of Labor v. Northshore Mining Company, et al. (FMSHRC LAKE 2017-0224): Flagrant walkway penalty increased on remand

An earlier judge found that Northshore failed to maintain elevated walkways, acted with reckless disregard and unwarrantable failure, and assessed a $60,000 penalty after rejecting MSHA's flagrant designation. The Commission affirmed, but the Eighth Circuit held that the violation was flagrant and…

September 30, 2024 ·Richard W. Manning
Modified
COMM

Secretary of Labor v. Morton Salt, Inc.

Secretary of Labor v. Morton Salt, Inc. (FMSHRC CENT 2023-0120): Pattern notice itself held unreviewable

MSHA issued Morton Salt a pattern-of-violations notice after identifying 82 S&S citations in a 12-month period, including 45 involving loose-ground hazards. Morton Salt asked the Commission to review MSHA's decision-making process and mitigating-circumstances analysis behind the notice. The…

August 29, 2024
Remanded
ALJ

Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor v. Vulcan Construction Materials (FMSHRC SE 2023-0117): Unguarded ladderway citation affirmed

MSHA cited Vulcan Construction Materials because the opening at the top of a fixed ladder to an elevated conveyor walkway lacked a chain, gate, railing, or warning signal. Vulcan argued that the opening was not near a travelway and that miners did not work near it. The judge found that miners used…

March 5, 2024 ·John T. Sullivan
Citations affirmed
ALJ

Peabody Gateway North Mining, LLC v. Secretary of Labor

Peabody Gateway North Mining v. Secretary of Labor (FMSHRC LAKE 2023-0075): MSHA contact-information request upheld

During an investigation of a mine fan outage, MSHA asked Peabody Gateway North for personal contact information for miners who worked the relevant shift. Peabody withheld information for eight miners it considered company agents, arguing that MSHA could contact them only through counsel. The judge…

January 31, 2024 ·John Kent Lewis
Citations affirmed
ALJ

IMI Aggregates, LLC v. Secretary of Labor

IMI Aggregates v. Secretary of Labor (FMSHRC LAKE 2023-0249): Expedited hearing request denied

MSHA cited IMI Aggregates for failing to provide nonconductive material at an emergency-stop switch for a conveyor. IMI sought an expedited hearing, arguing that similar citations at 21 other mines could require costly electrical work, shutdowns, and lost production. The judge found those concerns…

August 22, 2023 ·Alan G. Paez
Procedural
ALJ

Secretary of Labor v. Nufac Mining Company, Inc.

Secretary of Labor v. Nufac Mining Company (FMSHRC WEVA 2023-0149): Five-citation settlement approved with installment plan

The parties settled five citations issued to Nufac Mining's No. 57 Mine. Three penalties were reduced by roughly half, while two remained unchanged, lowering the table total from $19,574 to $11,684. The judge noted substantial older unpaid penalties and prior noncompliance with an installment plan…

July 7, 2023 ·John T. Sullivan
Settled
ALJ

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…

April 28, 2023 ·Thomas P. McCarthy
Citations vacated
ALJ

Morton Salt, Inc. v. Secretary of Labor

Morton Salt, Inc. v. Secretary of Labor (FMSHRC CENT 2023-0069): Standalone POV-notice docket dismissed

MSHA issued Morton Salt a pattern-of-violations notice and later nine section 104(e) withdrawal orders. Morton contested the withdrawal orders and referenced the POV notice in each contest but acknowledged that it had not directly contested the notice itself. Under Commission precedent, a POV…

February 14, 2023 ·David P. Simonton
Procedural
ALJ

Cactus Canyon Quarries, Inc. v. Secretary of Labor

Cactus Canyon Quarries, Inc. v. Secretary of Labor (FMSHRC CENT 2023-0068): Mine-ID petition dismissed for lack of jurisdiction

Cactus Canyon asked the Commission to compel MSHA to issue identification numbers for ten intermittent surface mines, framing its filing as a contest proceeding. The Judge held that Commission contest jurisdiction is limited to specified citations, orders, penalty assessments, abatement periods…

February 14, 2023 ·Alan G. Paez
Procedural
ALJ

Secretary of Labor v. Appalachian Resource West Virginia, LLC

Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0428): Failure-to-abate order disclosure certified

This reallocated docket included a haul-truck citation under 30 C.F.R. § 77.1606(c) for ten safety defects. The inspector granted additional time for repairs, but the record then showed that a section 104(b) failure-to-abate order had been issued. The Secretary sought settlement approval at the…

December 13, 2022 ·William B. Moran
Procedural
ALJ

Secretary of Labor v. Appalachian Resource West Virginia, LLC

Secretary of Labor v. Appalachian Resource West Virginia, LLC (FMSHRC WEVA 2022-0301): Failure-to-abate disclosure question certified

The Secretary sought approval of a settlement covering numerous mobile-equipment citations but refused the Judge’s repeated requests for seven associated section 104(b) failure-to-abate orders. Counsel for Appalachian Resource West Virginia confirmed the orders and supplied information that the…

December 13, 2022 ·William B. Moran
Procedural
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0118): Slurry citation reduced to non-S&S

CONSOL's Bailey Mine preparation plant had wet coal slurry and fine magnetite covering a walkway near a step, with a leaking pipe overhead and a missing light. CONSOL conceded that the accumulation violated the travelway standard. Judge Sullivan found that the material could obscure the step, but…

December 5, 2022 ·John T. Sullivan
Modified
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0084): Machine, electrical, and mapping citations affirmed

MSHA cited Consol's underground Bailey Mine for a missing keeper pin on a longwall shield, cracked light globes on a continuous miner, and failure to plot a drill hole that penetrated the coalbed. Judge Michael Young found that the missing pin created a projectile hazard and the cracked globes…

June 9, 2022 ·Michael G. Young
Modified
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0084): Three citations affirmed in original ruling

MSHA cited Consol's underground Bailey Mine for a missing keeper pin on a longwall shield, cracked light globes on a continuous miner, and failure to plot a drill hole that penetrated the coalbed. Judge Michael Young found that the missing pin created a projectile hazard and the cracked globes…

June 8, 2022 ·Michael G. Young
Modified
ALJ

Secretary of Labor v. IMI Aggregates, LLC

Secretary of Labor v. IMI Aggregates, LLC (FMSHRC LAKE 2021-0122): Berm and guarding citations affirmed

MSHA cited IMI Aggregates at its Indiana sand and gravel mine for a 125-foot section of roadway without an adequate berm and for an unguarded conveyor tail pulley and drive chain. Judge John Sullivan found that frequent two-way traffic near the roadway edge made overtravel and a rollover reasonably…

June 3, 2022 ·John T. Sullivan
Citations affirmed
ALJ

BC Quarries, LLC v. Secretary of Labor and Secretary of Labor v. BC Quarries, LLC

BC Quarries, LLC v. Secretary of Labor and Secretary of Labor v. BC Quarries, LLC (FMSHRC PENN 2020-0110-RM): Most withdrawal orders upheld, two vacated

BC Quarries operates the Shirvan Quarry, a Pennsylvania surface mine that produces dimension stone. Judge Thomas P. McCarthy dismissed eight citation contests because BC Quarries did not timely contest the related penalty assessments, which had already become final Commission orders. Of the eleven…

April 14, 2022 ·Thomas P. McCarthy
Mixed result
ALJ

Secretary of Labor v. Northshore Mining Company

Secretary of Labor v. Northshore Mining Company (FMSHRC LAKE 2021-0153): Missed electrical grounding tests draw $530 penalty

Northshore Mining Company processes taconite into iron pellets at its Minnesota mine site. MSHA cited Northshore because it had not performed required annual continuity and resistance tests on the grounding systems for six conveyors, two surface water pumps, and two counterweight hoists. Judge…

March 16, 2022 ·Michael G. Young
Citations affirmed
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0046): Shield-pin and mine-map citations modified

CONSOL Pennsylvania Coal Company operates the Enlow Fork underground coal mine in Pennsylvania. The company conceded that four longwall shields were missing keeper pins, but Judge Jacqueline R. Bulluck found that the Secretary did not prove the missing pins were reasonably likely to let…

March 15, 2022 ·Jacqueline R. Bulluck
Modified
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2021-0074): Breaker label and flooded bleeder citations upheld

CONSOL Pennsylvania Coal Company operates the Enlow Fork underground coal mine in Pennsylvania. MSHA cited the mine because two adjacent high-voltage circuit breakers carried the same equipment label, creating a risk that a miner could deenergize the wrong continuous miner before working on…

February 16, 2022 ·Michael G. Young
Modified
ALJ

Secretary of Labor v. Knight Hawk Coal, LLC

Secretary of Labor v. Knight Hawk Coal, LLC (FMSHRC LAKE 2021-0160): S&S settlement question certified for review

Knight Hawk Coal and the Secretary proposed settling three citations by removing the significant and substantial designation from two and reducing total penalties from $7,960 to $4,590. Judge Michael G. Young accepted the explanation for one S&S removal but found insufficient factual support for…

January 21, 2022 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Holcim (US) Inc.

Secretary of Labor v. Holcim (US) Inc. (FMSHRC YORK 2021-0023): Citation-vacatur question certified for review

Holcim and the Secretary proposed settling thirteen citations by vacating four, modifying or leaving nine unchanged, and reducing total penalties from $28,148 to $17,843. The Secretary did not provide information supporting the vacaturs or state that they were independent of the rest of the…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Greenbrier Minerals, LLC

Secretary of Labor v. Greenbrier Minerals, LLC (FMSHRC WEVA 2021-0294): Citation-vacatur question certified for review

Greenbrier Minerals and the Secretary proposed settling six citations by vacating two, leaving four unchanged, and reducing total penalties from $1,960 to $1,213. The Secretary relied only on asserted prosecutorial discretion as the explanation for the vacaturs. Judge Michael G. Young held that…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Crimson Oak Grove Resources LLC

Secretary of Labor v. Crimson Oak Grove Resources LLC (FMSHRC SE 2021-0134): Citation-vacatur question certified for review

Crimson Oak Grove Resources and the Secretary proposed settling five citations by vacating one, modifying or leaving four unchanged, and reducing total penalties from $29,497 to $11,672. The Secretary did not provide information supporting the vacatur or state that it was independent of the rest of…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Crimson Oak Grove Resources LLC

Secretary of Labor v. Crimson Oak Grove Resources LLC (FMSHRC SE 2021-0112): Citation-vacatur question certified for review

Crimson Oak Grove Resources and the Secretary proposed resolving three citations by vacating one, leaving two unchanged, and reducing total penalties from $1,154 to $1,029. Judge Michael G. Young treated the motion to dismiss as a settlement because the vacatur appeared tied to the operator's…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. River City Stone-DIV/Mathy Construction Co.

Secretary of Labor v. River City Stone-DIV/Mathy Construction Co. (FMSHRC LAKE 2021-0145): Citation-vacatur question certified for review

River City Stone and the Secretary proposed resolving two citations by vacating one, leaving the other unchanged, and reducing total penalties from $250 to $125. Judge Michael G. Young treated the motion to dismiss as a settlement because the vacatur appeared tied to the operator's agreement to pay…

November 19, 2021 ·Michael G. Young
Procedural
ALJ

Secretary of Labor v. Warrior Met Coal Mining, LLC

Secretary of Labor v. Warrior Met Coal Mining, LLC (FMSHRC SE 2020-0213): Twenty-one-citation settlement approved

Warrior Met Coal Mining and the Secretary proposed resolving two penalty cases by reducing total penalties from $61,707 to $33,035. Nine citations remained unchanged, while twelve were modified on injury likelihood, number of persons affected, injury severity, or negligence. Judge Thomas P…

July 14, 2021 ·Thomas P. McCarthy
Settled
ALJ

Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor v. Vulcan Construction Materials, LLC (FMSHRC SE 2019-0237): Air-brake valve citation vacated

MSHA cited Vulcan Construction Materials after an inspector heard and felt air escaping near a water truck's service relay valve at the Blairsville Quarry. The truck passed its braking test, and the inspector relied on the audible release while another person held the brake pedal. Vulcan's brake…

April 13, 2021 ·William B. Moran
Citations vacated
ALJ

Secretary of Labor v. Bluff City Minerals, LLC

Secretary of Labor v. Bluff City Minerals, LLC (FMSHRC LAKE 2019-0389): Wet insulating-mat citation affirmed

At Bluff City's underground limestone mine, water was spraying onto the insulating mat for a 480-volt pump switch that had only one recognized grounding system. The company argued that the word “dry” in the electrical standard applied only to wooden platforms, not insulating mats. Judge Jacqueline…

December 22, 2020 ·Jacqueline R. Bulluck
Citations affirmed
ALJ

Secretary of Labor v. Peabody Southeast Mining, LLC

Secretary of Labor v. Peabody Southeast Mining, LLC (FMSHRC SE 2019-0075, SE 2019-0146): Three serious violations affirmed

Peabody operated the underground Shoal Creek Mine, where MSHA cited combustible accumulations in two belt areas and an alternate escapeway obstructed by holes, muck, and water. Judge Jacqueline Bulluck found that the belt conditions created fire and smoke hazards and that the escapeway could not…

October 20, 2020 ·Jacqueline R. Bulluck
Citations affirmed
ALJ

Secretary of Labor v. Nugent Sand Company

Secretary of Labor v. Nugent Sand Company (FMSHRC KENT 2020-0039): Mine operator liable for utility equipment

Nugent Sand operated a Kentucky sand and gravel plant where one lightning arrestor protecting mine powerlines was inoperable. The arrestor and related high-voltage equipment belonged to Owen Electric Cooperative, which did not allow Nugent Sand to inspect or repair them. Judge Thomas McCarthy held…

September 25, 2020 ·Thomas P. McCarthy
Citations affirmed
ALJ

Secretary of Labor v. KenAmerican Resources, Inc.

Secretary of Labor v. KenAmerican Resources, Inc. (FMSHRC KENT 2013-0211): Advance-notice penalty assessed

During an MSHA complaint inspection, an underground miner asked a dispatcher whether “company” was outside, and the dispatcher confirmed that inspectors were present. The Commission had already held on review that this exchange violated the Mine Act's ban on advance notice and remanded only for a…

August 7, 2020 ·Margaret A. Miller
Citations affirmed
COMM

Secretary of Labor v. Solar Sources Mining, LLC

Secretary of Labor v. Solar Sources Mining, LLC (FMSHRC LAKE 2017-0099): Berm penalty vacated and remanded

Solar Sources Mining was cited after a haul truck went through a deficient berm at a surface mine and overturned 47 feet below, while the driver escaped with serious foot and ankle injuries. The judge affirmed the berm violation as S&S, high negligence, and an unwarrantable failure, then assessed…

March 12, 2020
Remanded
ALJ

Secretary of Labor v. GMS Mine Repair & Maintenance, Inc.

Secretary of Labor v. GMS Mine Repair & Maintenance, Inc. (FMSHRC PENN 2019-0126): Safeguard citation vacated

A hook clevis broke while GMS Mine Repair employees were using a mule to move a longwall shield at Bailey Mine, sending the hook 33 feet through the air and striking a miner. MSHA cited GMS under a 2006 safeguard that had been issued in writing to mine owner Consol after a different chain failure…

February 3, 2020 ·Priscilla M. Rae
Citations vacated
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2018-0244): Gas-well barrier citations vacated

MSHA cited Consol Pennsylvania Coal for allegedly failing to obtain gas-well pillar protection approvals for the NV-34 and NV-60 wells near mined-out areas of Enlow Fork Mine. Judge John Kent Lewis held that the oil-and-gas-well rule applies even when wells are drilled behind completed mining, but…

January 30, 2020 ·John Kent Lewis
Citations vacated
ALJ

Secretary of Labor v. Superior Silica Sands, LLC

Secretary of Labor v. Superior Silica Sands, LLC (FMSHRC CENT 2019-0133): Railcar violations assessed at $44,786

A newly hired electrician with no railcar experience was fatally injured after two uncoupled railcars began rolling and he attempted to set a handbrake on a moving car. Judge Margaret Miller found that Superior Silica Sands had not adequately trained him on railcar hazards, braking, communication…

January 23, 2020 ·Margaret A. Miller
Modified
ALJ

Secretary of Labor v. Hoover Excavating & Trucking, Inc., and its successors and Secretary of Labor v. Reginald S. Hoover, employed by Hoover Excavating & Trucking, Inc.

Secretary of Labor v. Hoover Excavating & Trucking, Inc. and Reginald S. Hoover (FMSHRC WEST 2019-0277): Blasting violations and agent liability affirmed

A blast detonated prematurely at Hoover Excavating's surface stone mine while eight miners remained in the pit area, and three miners were seriously injured by flyrock and debris. Judge Margaret A. Miller found that mine owner Reginald Hoover ignored the initiating device's warning not to connect…

November 20, 2019 ·Margaret A. Miller
Modified
ALJ

Secretary of Labor v. Hopkins Hill Sand & Stone, LLC

Secretary of Labor v. Hopkins Hill Sand & Stone, LLC (FMSHRC YORK 2019-0025): Late death notification citation affirmed

Hopkins Hill's general manager suffered a fatal heart attack from natural causes while at the company's open-pit crushed stone mine. Mine management knew of the death by 11:24 a.m. but did not notify MSHA until 12:56 p.m., one hour and 17 minutes after the 15-minute reporting deadline. Judge…

November 18, 2019 ·Jacqueline R. Bulluck
Citations affirmed
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC (FMSHRC PENN 2018-0169): Eleven safety citations affirmed with reduced penalties

MSHA issued 11 citations at Consol Pennsylvania Coal Company's Harvey Mine involving unsupported-roof warnings, damaged electrical and hoisting cables, equipment certification and mapping records, training documentation, noise exposure, and ventilation controls. Judge William B. Moran affirmed…

October 11, 2019 ·William B. Moran
Modified
ALJ

Secretary of Labor v. The Monongalia County Coal Co., successor to Consolidation Coal Co.

Secretary of Labor v. The Monongalia County Coal Company (FMSHRC WEVA 2015-0074): Accumulation cases settled for $40,500

The Secretary cited Monongalia County Coal for three combustible-material accumulation violations and two inadequate belt-examination violations across three dockets. The accumulation citations had also been identified as possible predicates for a repeated flagrant theory in related litigation. The…

September 4, 2019 ·Jerold Feldman
Settled
ALJ

Knight Hawk Coal, LLC v. Secretary of Labor

Knight Hawk Coal, LLC v. Secretary of Labor (FMSHRC LAKE 2019-0087-R): Ventilation-plan revocation vacated

MSHA revoked Knight Hawk Coal's long-approved ventilation plan for perimeter mining at the Prairie Eagle Underground Mine and cited the company for operating without an approved plan. Judge Thomas P. McCarthy found that MSHA relied on unreliable smoke testing and evidence of agency bias against…

August 19, 2019 ·Thomas P. McCarthy
Citations vacated
ALJ

Knight Hawk Coal, LLC v. Secretary of Labor

Knight Hawk Coal, LLC v. Secretary of Labor (FMSHRC LAKE 2019-0087-R): Initial ventilation-plan ruling later amended

MSHA revoked Knight Hawk Coal's approved ventilation plan for perimeter mining at the Prairie Eagle Underground Mine and cited the company for operating without an approved plan. Judge Thomas P. McCarthy found that MSHA relied on unreliable smoke testing and evidence of agency bias, while failing…

August 16, 2019 ·Thomas P. McCarthy
Citations vacated
ALJ

Secretary of Labor v. Peabody Midwest Mining, LLC

Secretary of Labor v. Peabody Midwest Mining, LLC (FMSHRC LAKE 2017-0073): Three escapeway citations vacated

After Peabody Midwest stopped production on the old 2B panel, it moved the production equipment outby the former loading point, changed the ventilation, and began mining elsewhere. MSHA cited the company because the old panel no longer had tracking and communication, a lifeline, or working…

July 5, 2019 ·L. Zane Gill
Mixed result
ALJ

Secretary of Labor v. Consol Buchanan Mining Company, LLC

Secretary of Labor v. Consol Buchanan Mining Company, LLC (FMSHRC VA 2012-0042): Roof-plan violation remained non-S&S on remand

Consol Buchanan took a crosscut about two to three-and-a-half feet deeper than its roof control plan allowed in adverse roof conditions. The violation itself had already been affirmed, but a federal appeals court remanded the S&S question and directed the judge not to rely on redundant safety…

June 11, 2019 ·Priscilla M. Rae
Modified
ALJ

Secretary of Labor v. Yahara Materials, Inc.

Secretary of Labor v. Yahara Materials, Inc. (FMSHRC LAKE 2019-0025): Dump-site berm citation settled for $286

MSHA cited Yahara Materials for failing to provide a berm at a dump site and proposed a $2,361 penalty. In settlement, the operator asserted that a spotter and berms were present, while the Secretary declined to provide requested inspection photographs. Judge Thomas P. McCarthy approved the…

May 24, 2019 ·Thomas P. McCarthy
Settled
ALJ

Secretary of Labor v. Pennsy Supply, Inc.

Secretary of Labor v. Pennsy Supply, Inc. (FMSHRC YORK 2018-0004): Five alleged lead-safety violations vacated

MSHA issued Pennsy Supply five citations after a former employee alleged lead exposure while using a torch to remove bolts and washers from a sand screw. The citations alleged failures to report an occupational illness, maintain a safety data sheet, train miners, provide special protective…

April 16, 2019 ·Priscilla M. Rae
Citations vacated
ALJ

Knight Hawk Coal, LLC v. Secretary of Labor

Knight Hawk Coal, LLC v. Secretary of Labor (FMSHRC LAKE 2019-0087-R): Evidence limits denied in ventilation-plan case

Knight Hawk contested MSHA's revocation of its ventilation plan for perimeter mining at the Prairie Eagle Underground Mine. Before hearing, the Secretary sought to exclude evidence about other mines, information not presented to the district manager during negotiations, and testimony from a former…

March 26, 2019 ·Thomas P. McCarthy
Procedural

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.