211334P.pdf   08/22/2022  Northshore Mining Company  v.  Secretary of Labor
   U.S. Court of Appeals Case No:  21-1334
                          and No:  21-1383
   Petition for Review of an Order of the Federal Mine Safety and Health Review Com   
   [PUBLISHED] [Smith, Chief Judge, Author, with Benton and Kelly, Circuit 
   Judges] 
   Petition for Review -Federal Mine Safety & Health Administration. The MSHA 
   issued an order after a worker was injured on a mine walkway, finding 
   Northshore had failed to maintain the walkway in a good condition and that 
   its violation was flagrant; based on the findings, the Secretary sought 
   the imposition of civil penalties against Northshore and its supervisors. 
   An ALJ found the violation was not flagrant but upheld the findings of 
   reckless disregard and unwarrantable failure and individual supervisor 
   liability. On appeal to the Federal Mine Safety and Health Review 
   Commission, the Commission upheld the findings of reckless disregard and 
   unwarrantable failure but reversed the findings of supervisor liability. 
   Northshore petitions for review of the findings on reckless disregard and 
   unwarrantable failure, while the Secretary cross-petitions on the issues 
   of flagrant disregard and supervisor liability. Held: Northshore's 
   petition for review of the Commission's conclusions on reckless disregard 
   and unwarrantable failure is denied, while the Secretary's cross-petition 
   for review of the Commission's conclusions on the flagrant designation and 
   supervisor liability is granted. The Secretary's definition of reckless is 
   reasonable and aligns with the MINER Act's purposes, and the court will 
   defer to the Secretary's litigation position on the meaning of 
   recklessness; substantial evidence supports the determination that 
   Northshore acted recklessly, that it knew of the violation of a mandatory 
   standard, and that the violation was reasonably expected to cause death or 
   serious injury; as a result, substantial evidence did not support the 
   ALJ's deletion of the flagrant designation; on this record, the individual 
   supervisors authorized, ordered or carried out the instant violation and 
   they were individually responsible for the violation.