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 Continue reading
While mine operators and mining contractors are likely used to MSHA conducting on-site safety and health inspections, when a serious incident occurs, the MSHA investigation takes a different approach. Seasoned mine operations are often caught off-guard by the depth of the investigation after a serious incident and are at times taken aback by the tone of the investigation – usually conducted by unfamiliar MSHA personnel from other areas in the district and management and non-management employee interviews will be central to the investigation. MSHA is also likely to issue a 103(K) Order, essentially shutting down the area or equipment subject to the incident, and the Order can stay in place for months, leaving the operator in a loss position.
With 2022 behind us, now is the time to take stock of the state of MSHA as the Biden Administration enters its third year. MSHA’s senior political leadership is now in place, and with that, we expect to see MSHA’s true agenda for rulemaking and enforcement take shape and be put into action.
