According to MSHA, Pine Ridge waited four days to notify MSHA of the roof collapse that took place at the Big Mountain No. 16 mine, and notified MSHA only after the fall was discovered by an MSHA inspector and the violation cited. McCarthy found the operator’s delay was unreasonable and resulted from reckless disregard for its obligations under the Mine Act. The judge, according to MSHA, found that Pine Ridge did not have an objective good faith belief that the roof fall was not reportable, particularly given that the accident required the operator to abandon the mine entry altogether and to block off access to prevent travel through that section of the mine. The judge also held that the roof fall had impaired ventilation and had impeded passage in the mine. In addition, the judge tripled the penalty proposed by MSHA, requiring the operator to pay $6,000 for the violations.

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