The Federal Mine Safety and Health Review Commission has held that "unwarrantable failure" on the part of a mine operator in relation to a violation of the Mine Act constitutes more than just ordinary negligence. Secretary of Labor v. Emery Mining Corporation, 9 FMSHRC 1997 (December 1987). "Unwarrantable failure" may be characterized by such conduct as "reckless disregard", "intentional misconduct", "indifference", or a "serious lack of reasonable care".
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