MSHA Jurisdiction: Where Does MSHA’s Authority Begin and OSHA’s End? [Webinar Recording]

On Tuesday, May 16, 2023, Nicholas Scala presented a webinar regarding MSHA Jurisdiction: Where Does MSHA’s Authority Begin and OSHA’s End?

The Department of Labor’s Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) split the authority to regulate the nation’s workplaces, but the line of jurisdiction between the two is not always as clear as you would think. The line in the sand is largely drawn out in a 1979 Memorandum of Understanding (MOU) between the agencies, but that document leaves many questions outstanding. While some of these have been answered by the court system – including OSHRC and FMSHRC – many times questions or jurisdiction live in a very grey space.

This webinar covered the basic jurisdiction lines between MSHA and OSHA, and dive into some areas where the answer is not so clear, including contractors working temporarily at mine sites and facilities straddling the line between mining and manufacturing.

Participants in this webinar learned the following:

Basic delineations of MSHA and OSHA according to agencies’ MOU
Clarification regarding jurisdiction over borrow pits and temporary mining operations
Understanding of when short-term contractors must comply with MSHA
Review of legal guidance on manufacturing versus mining, specifically in relation to industrial mineral processing

We are pleased to share these links to a copy of the slides and a recording of the webinar.

If you would like to be registered for the entire 2023 series, click here to send us an email request and we will get you registered.

This was the 4th webinar event in Conn Maciel Carey LLP’s 2023 MSHA Webinar Series. Click here to view our full schedule and detailed program descriptions for all of the webinars scheduled for the 2023 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.