Northshore Mining Co. v. Secretary of Labor, et al, No. 12-2249 (8th Cir. 2013)
Annotate this CaseNorthshore petitioned for review of a final decision of the Commission affirming a citation by the Secretary charging a violation of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 801 et seq. In January 2010, an inspector had issued a citation against Northshore for an alleged violation of 30 C.F.R. 56.12016. The text of section 56.12016 was ambiguous as to the crucial interpretive question regarding whether the section applied to abate the hazard of mechanical movement. Using rules of statutory construction to resolve the ambiguous language of the statute, the court vacated the Commission's decision and set aside the citation because it concluded that the Secretary erred in relying upon 30 C.F.R. 56.12016.
Court Description: Petition for Review - Federal Mine Safety and Health Review Commission. Reliance of 30 C.F.R. sec. 56.12016 for issuance of citation to Northshore Mining Company relating to locking/tagging out of circuit breakers was error. Regulation is ambiguous, but based on the context within the title or heading of section, MSHA's interpretation of reach of regulation is inconsistent and thrust of regulation is to abate risk of electrocution not avoidance of injuries from mechanical movement. MSHA's interpretation in unworthy of deference. Citation is set aside.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.