On September 14, 2021, Nicholas W. Scala presented a webinar regarding MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator.
The line of demarcation between MSHA and OSHA jurisdiction is clear-cut and it is easy to determine which regulator has authority over your operations, right? While that is sometimes the case, where the MSHA/OSHA Interagency Agreement specifically outlines which agency has authority of which operation, there are most definitely gray areas. Whether looking at where the mining process ends and manufacturing beings, or what is the exact definition of mineral milling and how is it applied, there are frequently questions and concerns regarding MSHA/OSHA jurisdiction. However, frequently employers just accept the status quo or agency determination without question. This presentation will help employers ask the right questions regarding MSHA/OSHA jurisdiction at their facilities and determine whether or not challenging the agency in control is merited and worthwhile.
Participants in this webinar learned the following:
- What is the MSHA/OSHA Interagency Agreement on jurisdiction
- Common operations or scenarios that present MSHA/OSHA jurisdiction questions
- Tips and strategies for how and when to challenge jurisdiction over a facility
- Relevant case law regarding agency jurisdiction over mining and non-mining operations
This was the 5th regularly-scheduled webinar event in Conn Maciel Carey’s 2021 MSHA Webinar Series. Click here to view our full schedule, detailed program descriptions for all of the webinars in the 2021 MSHA Webinar Series. If you missed any of our past webinars in our annual MSHA Webinar Series, view our MSHA Webinar Library to access of our webinar recordings. Also, click here to subscribe to our YouTube channel and get an email notification when new recordings become available.