FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, DC 20004-1710
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
:
v. : Docket Nos. LAKE 2017-0248
: LAKE 2017-0224
: LAKE 2018-0146
: LAKE 2018-0141
:
:
NORTHSHORE MINING COMPANY, :
ROGER PETERSON, employed by :
NORTHSHORE MIINING COMPANY, and :
MATTHEW ZIMMER, employed by :
NORTHSHORE MINING COMPANY :
BEFORE: Jordan, Chair; Althen, Rajkovich, Baker, and Marvit, Commissioners
DECISION
BY THE COMMISSION:
These proceedings arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act” or “Act”) from Cross Petitions for Discretionary Review filed by the parties. On January 21, 2021, the Commission affirmed the Administrative Law Judge’s findings of reckless disregard and unwarrantable failure designations, affirmed the Judge’s deletion of a flagrant designation, and reversed the Judge’s findings of individual liability under section 110(c) of the Act. 30 U.S.C. § 820(c).
On August 22, 2022, the U.S. Court of Appeals for the Eighth Circuit issued a decision reversing the Commission’s decision on the issues of the flagrant designation and individual liability. The court remanded the case “for consideration of whether the penalty amount for [the flagrant violation of 30 C.F.R. 56.11002 set forth in Order No. 8897220] should be reassessed.” The Court subsequently issued its mandate on October 13, 2022.
In accordance with the court’s decision, the Commission hereby remands this matter to the Office of the Chief Administrative Law Judge for consideration of whether the penalty amount for the flagrant violation of 30 C.F.R. 56.11002 set forth in Order No. 8897220 should be reassessed.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ William I. Althen
William I. Althen, Commissioner
/s/ Marco M. Rajkovich, Jr.
Marco M. Rajkovich, Jr., Commissioner
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe Z. Marvit, Commissioner
Distribution:
R. Henry Moore, Esq.
Fisher & Phillips LLP
Six PPG Place, Suite 830
Pittsburgh, PA 15222
Emily Toler Scott, Esq.
Division of Mine Safety and Health
Office of the Solicitor
U.S. Department of Labor
201 12th Street South – Suite 401
Arlington, VA 22202-5450
scott.emily.t@dol.gov
April Nelson, Esq.
Office of the Solicitor
U.S. Department of Labor
201 12th St. South-Suite 401
Arlington, VA 22202-5450
Melanie Garris
Office of Civil Penalty Compliance, MSHA
U.S. Department of Labor
201 12th Street South, Suite 401
Arlington, VA 22202-5450
Chief
Administrative Law Judge Glynn F. Voisin
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
GVoisin@fmshrc.gov