It is also not a good idea to stop work altogether while the compliance officer is on site. Work performed on mine properties is governed by the Mine Safety and Health Administration (MSHA). random inspection schemes,” like OSHA’s site-specific targeting. w w w . Second, MSHA safety laws are enforced using the strict liability standard, while OSHA standard for enforcement is a lesser standard. Subcontractor representatives also have the right to attend the walk around inspection. Take pictures or video of work activities. Cal/OSHA has regulatory authority over mining, milling, and finishing operations, whereas the federal Mine Safety and Health Administration (MSHA) covers only mining and milling. In FY 1994 alone, OSHA inspections helped make more than 40,000 workplaces safer for nearly two million working Americans. Join us online for the 2020 TRAM Virtual Summit, October 14-15, 2020. The compliance officer may ask questions about the project and what activities are taking place. Work performed in an OSHA approved Plan State is governed by the that particular state regulatory agency. OSHA's standards have made a real difference -- often the difference between life and death -- for millions of working people. What are Parts 46 and 48? 1. Be aware however, a compliance officer can cite a company for any serious violations they witness at any time during any type of inspection. MSHA requires that every injury and illness must be reported to MSHA. The government, in turn, is forced to place greater reliance on less reliable sources, such as . For MSHA to identify a violation in a post-accident investigation, is for the agency to raise the possibility that it erred. Response to Employee Complaints - OSHA responds to every complaint they receive. This blog contains general information about the inspection process from different regulatory agencies governing worker safety. Referrals from Other Agencies - Other government agencies may refer OSHA to work sites to investigate worker safety and health conditions. There is no similar requirement in the OSHA standard. Before the inspection begins, the compliance officer will hold an opening conference. The material being mined and if that mine is above ground or underground. Also ask if the inspection will be a focused inspection or comprehensive. Above ground mines, such as quarries, are inspected at least twice a year in addition to accident and complaint investigations. Having a close White House ally leading DOL may be a change. OSHA's recordable versus reportable incidents: What’s the difference? Similarities and Differences between OSHA and MSHA Similarities The occupational safety and health ity (OSHA) and mine safety and health administration (MSHA) were formed to address the rising death toll in the American workplaces. Hello, The Occupational Safety and Health Act was signed by Nixon on December 29, 1970. Essentially, he argued that unions can help regulate employee behavior. This blog is brought to you by the 22 workplace safety and health lawyers of law firm Husch Blackwell LLP. Part 46 applies to the following types of mines: sand, gravel, surface stone, surface clay, surface limestone, colloidal phosphate, or shell dredging operations. Manufacturers’ recommended procedures for performing a user seal check can be included in the donning procedures and/or user instructions as alternatives to the OSHA-specified procedures under the respiratory protection standard (See 29 CFR 1910.134 Appendix B-1 external icon). Programmed Inspections - In construction, work sites listed on the Dodge Reports are chosen randomly for programmed inspections. Third, it is possible to discuss and limit the scope and area of OSHA inspection. Where does your facility fall on the OSHA-MSHA divide? This approach gives our clients a greater perspective and ensures forward-thinking results. If it sounds similar to OSHA, that's because it is: both organizations share the goal of keeping you and your workers safe on the job. 5. The mine person responsible for Health and Safety (there needs to be one) must verify all training times and topics and keep all records as required by MSHA. Please note following conditions for use of this table. References: “About OSHA.” OSHA. Read best practices for transitioning employees back to the workplace, Our industry teams collaborate across practice areas to deliver in-depth solutions to the most complex business challenges. My company built to tell you if you need Part 46 or Part 48 MSHA training. 3. Do not argue with compliance officers, even if you don't agree with them. 4. 5. Explaining a dynamic familiar to many in the industry, he understood the pressure on MSHA to investigate intensely: “When a dangerous condition at a mine causes serious injury or death, MSHA will have been there recently. Can you require your employees to get vaccinated when a COVID-19 vaccine becomes available? OSHA inspection rates are much much lower. If it is not a focused inspection ask why it will not be. The MSHA regulation was published September 13, 1999 with an effective date of September 13, 2000. OSHA can initiate a job site inspection for various reasons. At that point, the Safety Department can appeal the citations and have them reduced or in some cases withdrawn. OSHA Form 300A is the second page of the OSHA Form 300. Each project must have a competent person who conducts frequent and regular inspections of the job site. We work across industries regulated by the Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), and other state and federal agencies to help our clients train, comply, and minimize risk even when the unexpected occurs. If you were at home, and were challenged with disassembling the top half of your car engine to save $1000 in labor costs, you would likely do it one of a few different ways. 2. What must a manufacturing plant share with the Occupational Safety and Health Administration? . OSHA has much broader authority than MSHA. If the compliance officer asks to see any paperwork that is not available on site the Safety Department can fax or e-mail it to their office. That is 100% inspection rate for MSHA. In the case of OSHA, in particular, moving forward with regulatory efforts may be even more important since that agency is still without a permanent leader. Abel employees may not be able to accompany MSHA inspectors during their inspections. A focused inspection is usually much quicker than a comprehensive inspection. He also understands the important roles that both OSHA and private companies play in securing safe workplaces. Ask questions of workers. In 2012, OSHA spokesperson Kimberly Darby told the magazine Safety & Health that her organization and NIOSH were working together “more closely than ever.” So there is a very clear difference between OSHA and NIOSH; but the agencies work together to help employers create the safest workplaces possible. The Act defines a miner as, "any individual working in coal or other mine" and a mine operator as "any owner, lessee, or other person who operates controls, or supervises a coal or other mine or any independent contractor performing service or construction at such mine". He represents clients on OSHA, MSHA, CSB and other safety agency compliance, investigations, enforcement actions and appeals. At the start of the opening conference the compliance officer should introduce him/herself and show identification. The Occupational Safety and Health Administration, also known as OSHA, is the division of the US Department of Labor responsible for overseeing workplace safety. Many believe that he is fairly well aligned with the White House, including with Acting White House Chief of Staff Mick Mulvaney and White House Labor Advisor James Sherk. The ANSI Z359 suite of standards addresses just about all forms of fall protection equipment (harnesses, carabiners, lanyards, fall arrestors, etc) and associated work practices (rope access, rescue, management of fall protection programs, etc). c o m 3 MSHA 101 for Contractors • Key differences between MSHA and OSHA • Overview of the Mine Act • Inspections – Advanced Notice Prohibitions • MSHA’s Enforcement Tools • Accident Investigations • Special Investigations • Obtaining a Contractor’s ID As a result, while Pizzella could wait until Scalia is confirmed to make any major regulatory changes with the new Secretary’s input, he may also be positioned to move forward administration priorities in the interim. Privacy Policy | Sitemap, CBRNE - Chemical, Biological, Radiological, Nuclear, Explosives. OSHA citations and MSHA assessments are sent in the mail in the days or weeks following an inspection. The compliance officer may choose to do this separately with each contractor or together with all representatives at once. If one is not offered, ask for a business card. requirements, it will satisfy MSHA’s requirements except for the coverage of EPA-regulated hazardous waste (OSHA has a separate standard for hazardous waste operations). One area in which the MSHA standard is more protective than the OSHA standard is specifying a noise exposure level above which both earplugs and earmuffs (dual protection) are required. All training courses are subject to privacy policy and terms of use. (MSHA) Versus OSHA: Scope and Level of Enforcement MSHA 13K mines to inspect ~312K miners plus several thousand contractors… Underground mine sites are inspected no less than 4X per years Surface mine sites are inspected no less than 2X per year Note: Refer to handout for more information on OSHA … He said that he worked with the MSHA leadership at the time to establish timetables and a monitoring system to be sure complaints would be handled quickly. When it was there, what did it find? A representative of a company should accompany the inspector during the walk around portion of the inspection. MSHA has specific safety training guidelines for different kinds of mines, different conditions, and various potential hazards. Imminent Danger - Responding to situations of imminent danger is OSHA's highest priority. As a simple example, OSHA requires employers to keep a log on site of all injuries and illnesses. The person accompanying the inspector should take detailed notes of the walk around inspection. What do these new leaders mean for OSHA and MSHA? A representative of each contractor should attend the opening conference. Wake Forest, NC 27587, © Copyright 1996 - 2020 National Environmental Trainers, Inc., All Rights Reserved. If the inspection is the result of an employee complaint, the inspection should be limited to the scope of the complaint. 4. The laws and regulations of each agency are different. A blog focused on OSHA and MSHA compliance in the workplace. If it did not find the hazard, why not? OSHA 10-Hour courses typically cover general topics like Introduction to OSHA, General Safety and Health Provisions, and Hazard Communication. For example, he noted that OSHA can, but rarely does, defer to a labor-management grievance and arbitration process to determine the result of a whistleblower matter. . The training plan does not need to be submitted to MSHA for prior approval, but must be available to all miners and MSHA at any time. They regulate mine hazards. Of course, in his role as Solicitor of Labor, Scalia had exposure to MSHA enforcement, as well. Beryllium construction and shipyard sectors: Michigan establishes state requirements for employers to protect against COVID-19, With almost $3 million in penalties issued, OSHA advises on frequently-cited COVID standards, Change of plans: CDC significantly expands definition of “close contact”, California to expand Cal/OSHA authority on COVID-19 starting January 2021, Technology, Manufacturing & Transportation Industry Insider. 2. It could be some time. In some industries, the line between MSHA and OSHA jurisdiction can be complicated and blurry. Bush, Reagan, and Nixon administrations. Inspections are conducted according to the following priority schedule. If it did find the hazard, what did it do to address it and was that enough? All logos and trademarks in this site are property of their respective owner(s). The first page which is Form 300 contains a log for work-related injuries and illnesses designed by OSHA. References to OSHA in this section apply to both agencies. Long term projects at mine sites are almost guaranteed to be inspected by an MSHA compliance officer. The current Republican-controlled HELP committee seems most likely to approve sending his nomination to the Senate floor – very possibly by a vote along party lines. The compliance officer may delay the inspection for a short period until safety representatives arrive. Acting Labor Secretary Patrick Pizzella will manage the helm of DOL until Eugene Scalia is confirmed by the Senate. Inspect the work area for unsafe acts or conditions. 1. Scalia seems to have embraced the administration’s de-regulatory agenda, particularly calling its policy of eliminating two rules to offset the cost of each new rule as a “very significant executive order and the most important government rulemaking since Ronald Reagan’s cost-benefit executive order in the 1980’s.”, Since labor and employment law have been Scalia’s areas of expertise as a lawyer, he would bring to the post extensive regulatory and labor law experience, deep understanding of administrative law and the rulemaking process, and his stated respect for the rule of law. Cal/OSHA has regulatory authority over mining, milling, and finishing operations, whereas the federal Mine Safety and Health Administration (MSHA) covers only mining and milling. Questions should be answered truthfully but do not offer any unnecessary information. There are several noteworthy differences between MSHA and OSHA, including: Fall Protection – required where there is a potential of falling, regardless of height (technically, anything more than a step). OSHA's Focused Inspection Program was created to focus on the major hazards in the construction industry. Work performed in an OSHA approved Plan State is governed by the that particular state regulatory agency. If you refuse you get an automatic $50,000 fine and the inspector will come back with Federal Marshals; A minimum of two inspections every year; MSHA Inspectors can close a mine without a court order MSHA has no such restrictions. They will especially be concentrating on fall hazards, electrical hazards, struck by and caught between type hazards. A Beginner’s Guide to MSHA and OSHA Whether you’re looking to start a new career, or simply move up the ladder, the Texas mining industry offers plenty of opportunities. Indeed, given a possible extended confirmation process and the end of the administration’s term in sight, the White House and Pizzella may not want to wait. trench collapse); struck by hazards. Investigations of Fatalities and Catastrophes - Second priority is given to investigations of fatalities and catastrophic accidents. Compliance officers will show up on a job site unannounced. MSHA inspections are slightly different than OSHA. In tunnel safety, Cal/OSHA goes beyond MSHA by requiring all tunnel construction jobs to have a state-certified safety representative and gas tester on-site. MSHA schedules inspections of mine properties in a similar manner but conducts far more inspections. At the closing conference the inspector will notify each contractor of their rights and responsibilities after an OSHA inspection and any citations he/she is going to propose. He said the goal should be to use OSHA’s limited resources to ferret out the most egregious offenders, to meet enforcement priorities, to increase prosecutorial success rates, and to protect workers by preventing injuries that result from violations of OSHA law. What decides a Part 46 mine vs a Part 48 mine? The program allows limited scope inspections for employers with strong safety and health programs. Secretary of Defense Esper’s confirmation took seven months. 811) and includes MSHA health, safety, and training standards. Meanwhile, the nominee to replace him, Eugene Scalia, is well known for his DOL and workplace safety-related law practice. To qualify for a focused inspection an employer must do two things. In the same article, Scalia also talked about the importance of the whistleblower process as an “auxiliary means of achieving compliance” that helps agencies manage limited resources. Any hazards that are pointed out during the inspection should be corrected immediately. Generally they are escorted by a representative of the mine owner and our work sites are only a small part of the overall inspection. The Department of Labor, which houses both agencies, long ago tried to clarify the split between operations that fall under one regime or the other. However, the lines between the two sometimes blur, making it difficult to determine which fall safety measures to follow. Scalia has urged OSHA to focus its limited enforcement resources and aggressively prosecute “those who disdain the rule of law and the legal process itself.” He also advocated targeting inspections performed by OSHA on work sites with injuries that result from violations covered by OSHA regulations and that are considered serious, willful or repeat violations. Click for more details These differences in philosophy between MSHA, OSHA, and the DMV seem to mirror the differences between individual people. There is a fine legal distinction between a standard and a regulation.A standard is promulgated under § 101 of the Mine Safety and Health Act of 1977 (Mine Act) (30 U.S.C. A regulation is promulgated under § 508 of the Mine Act (30 U.S.C. Until Scalia arrives, DOL’s leader will be Pizzella, in the past a conservative lobbyist, who has long been involved in labor and workplace-related issues. What is the difference between OSHA Form 300, 300A & 301? With the departure of Alexander Acosta as Secretary of Labor, the Department immediately got an acting chief who is expected to more closely align with the White House. This will only aggravate the compliance officer and prolong the inspection. The act created both the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA).