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 Continue reading

Preparing for MSHA Serious Incident Investigations [Webinar Recording]

On Tuesday, April 18, 2023, Nick Scala presented a webinar regarding Preparing for MSHA Serious Incident and Fatality Investigations.

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.

This webinar reviewed MSHA’s approach to a serious incident or fatal incident investigations. Participants learned strategies to manage MSHA’s investigation for the company while conducting the operator’s investigation into the incident. The webinar also covered miner and mine management rights throughout MSHA’s investigation.

Participants in this webinar learned the following: Continue reading

MSHA Basics: The Mine Act and MSHA Inspection Powers [Webinar Recording]

On Thursday, March 23, 2023, Nicholas W. Scala presented a webinar regarding MSHA Basics: The Mine Act and MSHA Inspection Powers.

The Federal Mine Safety & Health Act of 1977 (“The Mine Act”) created the agency that we know today as MSHA and codified its authority and powers that govern America’s mining industry to date. Unlike the OSH Act, the Mine Act mandated MSHA conduct inspections each year – two per year at active surface operations and four per year at an underground mine. However, required inspections are not the limit of MSHA’s authority to conduct investigations, and are not the limit of the investigations it is required to complete.

This webinar reviewed the Mine Act and MSHA’s authority to conduct inspections at the country’s mine sites, MSHA’s powers beyond regular safety and health inspection, and provided best practices for preparing your operation for MSHA’s inevitable visit.

Participants in this webinar learned the following: Continue reading

MSHA’s 2022 in Review and 2023 Forecast (Webinar Recording)

On Tuesday, February 21, 2023, Nicholas W. Scala presented a webinar regarding MSHA’s 2022 in Review and 2023 Forecast.

CaptureWith 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.

This webinar reviewed the past year’s enforcement trends and initiatives, as well as the regulatory agenda, highlighting the evolution of MSHA, and its priorities for the coming year.

Participants in this webinar learned: Continue reading

Announcing Conn Maciel Carey LLP’s 2023 MSHA Webinar Series!

Entering MSHA’s third year under the Biden Administration, the mining industry should expect to see a more active and emboldened agency. The past year saw the completion of MSHA political leadership, and a renewed focus on rulemaking and enforcement. In the year to come, operators can expect to see at least two rules from the agency, specifically regarding MSHA’s long-awaited proposed rule on respirable crystalline silica – or respirable quartz as MSHA sometimes refers – and the final form or the Surface Mobile Equipment rule. In conjunction with the anticipated silica rule, MSHA continues to engage in increasingly aggressive enforcement regarding industrial hygiene at the nation’s mines. The coming year will be active from both an enforcement and rulemaking perspective, meaning it is as important as ever for operators to stay attuned to developments at MSHA.

Conn Maciel Carey’s complimentary 2023 MSHA Webinar Series includes free programs put on by the MSHA-focused attorneys in the firm’s national MSHA Practice Group and is designed to give employers insight into the changes and developments at MSHA during this active period for the agency.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2023 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us.

 

MSHA’s 2022 in Review and 2023 Forecast
Tuesday, February 21st

 

Mid-Year Update and FMSHRC Significant Cases
Wednesday, July 19th

 

The Mine Act and MSHA Inspection Powers
Thursday, March 23rd

 

Managing MSHA Complaint & 105(c) Investigations
Tuesday, September 12th

 

Preparing for Serious Accident and Fatality Investigations
Tuesday, April 18th

 

Safety-Related Incident Investigations and Audit Reports
Thursday, October 5th

 

Where Does MSHA’s Authority Begin and OSHA’s End?
Tuesday, May 16th

 

Best Practices at Multi-Operator MSHA Sites
Wednesday November 15th 


See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

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Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History (Webinar Recording)

On October 27, 2021, Nick Scala hosted a webinar regarding Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History.

MSHA citations and orders can vary significantly in severity, penalty, and how they might impact your company, whether mine operators or independent contractors, moving forward. Contesting MSHA citations is a right that all operators have post issuance, whether that is done informally through MSHA’s 10-day conference program, or formally through the Federal Mine Safety and Health Commission. This presentation discussed the different avenues for contesting MSHA citations/orders, what aspects of the citations to look at when deciding whether to contest or not, and strategies for best protecting your company’s MSHA enforcement history.

Participants in this webinar learned the following: Continue reading

Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History

On Wednesday, October 27, 2021 at 1 p.m. ET, join Nick Scala for a webinar regarding Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History.

MSHA citations and orders can vary significantly in severity, penalty, and how they might impact your company, whether mine operators or independent contractors, moving forward. Contesting MSHA citations is a right that all operators have post issuance, whether that is done informally through MSHA’s 10-day conference program, or formally through the Federal Mine Safety and Health Commission. This presentation will discuss the different avenues for contesting MSHA citations/orders, what aspects of the citations to look at when deciding whether to contest or not, and strategies for best protecting your company’s MSHA enforcement history.

Participants in this webinar will learn the following: Continue reading

MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator [Webinar Recording]

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: Continue reading