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ARTICLE · 29 MARCH 2021

Examining Flagrant And Reckless Mine Act Violations

Ogletree, Deakins, Nash, Smoak & Stewart
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In a 2–1 decision on January 21, 2021, the Federal Mine Safety and Health Review Commission (FMSHRC) shed additional light on what is and is not a flagrant violation of the Mine Act.

United StatesEmployment and HR
William K. Doran
William K. Doran
Margaret Lopez
Margaret Lopez
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In a 2–1 decision on January 21, 2021, the Federal Mine Safety and Health Review Commission (FMSHRC) shed additional light on what is and is not a flagrant violation of the Mine Act.

In Secretary of Labor v. Northshore Mining Co., the FMSHRC affirmed the finding of "unwarrantable failure" and "reckless disregard" contained in a federal Mine Safety and Health Administration (MSHA) citation alleging that an elevated walkway had not been "maintained in good condition" pursuant to 30 C.F.R. § 56.11002. Nonetheless, the review commission found that there was an insufficient factual basis to support MSHA's citation classification as a flagrant violation.

As a basis for these allegations, MSHA asserted that management personnel were aware of the deficient condition of the elevated walkway, substantive repairs had been recommended in a third-party engineering report, and prompt action was not taken other than implementing a fall protection requirement for personnel

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