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Topic

MSHA Jurisdiction: Where Does MSHA’s Authority Begin and OSHA’s End?

Description

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 will cover 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 will learn 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

Time

May 16, 2023 01:00 PM in Eastern Time (US and Canada)

* Required information

Speakers

Nick Scala

Chair, MSHA • Workplace Safety Practice Group, Conn Maciel Carey LLP

Nick Scala is 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.

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Message preview	Hi there, You are invited to a Zoom webinar. When: May 16, 2023 01:00 PM Eastern Time (US and Canada) Topic: MSHA Jurisdiction: Where Does MSHA’s Authority Begin and OSHA’s End? Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN_kWtTUwcYSTq_Vf2H12pyLQ After registering, you will receive a confirmation email containing information about joining the webinar. ---------- Webinar Speakers Nick Scala (Chair, MSHA • Workplace Safety Practice Group, Conn Maciel Carey LLP ) Nick Scala is 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.

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