09/03/2020
https://www.fisherphillips.com/resources-alerts-mining-msha-what-is-negligence Controlling the negligence on any citation or order can be very important. Negligence determinations directly affect penalty amount; the higher the negligence, the higher the corresponding penalty.
So far in this series, we have discussed conferencing and contesting citations and orders and what is “Significant and Substantial.” Here, we turn our attention to another important designation on a citation or order: operator negligence.