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MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator
Presented by Nick Scala

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 will learn 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

Sep 14, 2021 01:00 PM in Eastern Time (US and Canada)

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Speakers

Nicholas W. Scala
Partner and Chair, MSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Nick Scala is a Chair of the national MSHA • Workplace Safety Practice at Conn Maciel Carey. He focuses his practice on issues involving mining safety and health law, representing mining companies, on both the surface and underground, independent contractors and cement manufacturers. Mr. Scala represents and advises clients in all phases of involvement with the Mine Safety and Health Administration (MSHA), particularly guiding companies through MSHA investigations and challenging enforcement and jurisdiction by the agency. Prior to representing the mining industry, he worked as a miner and he is a Certified Mine Safety Professional through the International Society of Mine Safety Professionals.