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. Investigations of Fatalities and Catastrophes - Second priority is given to investigations of fatalities and catastrophic accidents. Perhaps for that reason, OSHA seems to be moving ahead with at least some regulatory work (such as lockout/tagout – see below). Take pictures or video of work activities. 2. Imminent danger is a situation that is likely to cause death or serious physical harm. That is 100% inspection rate for MSHA. As Pizzella takes the helm and Scalia prepares to follow him, a number of regulatory developments could be on the way though many seem to be moving slowly until now. Meanwhile, the nominee to replace him, Eugene Scalia, is well known for his DOL and workplace safety-related law practice. Acting Labor Secretary Patrick Pizzella will manage the helm of DOL until Eugene Scalia is confirmed by the Senate. If it is not a focused inspection ask why it will not be. If it did find the hazard, what did it do to address it and was that enough? The compliance officer may delay the inspection for a short period until safety representatives arrive. The laws and regulations of each agency are different. In a speech before the ABA in 2002, he commented that “good companies recognize that their workers are integral to their [the company’s] success and should be protected and respected …” and that one method of protecting workers is by “complying with occupational safety and health laws.”. random inspection schemes,” like OSHA’s site-specific targeting. 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). Click for more details MSHA schedules inspections of mine properties in a similar manner but conducts far more inspections. 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. 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. 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. MSHA is the Mining Safety and Health Administration. (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 … 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. What is the difference between MSHA Requirements Part 46 and Part 48? There is no similar requirement in the OSHA standard. Scalia, son of the Supreme Court’s late Justice Antonin Scalia, has most recently been a litigator representing corporate clients before federal administrative agencies, including on employment and labor law matters. 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. A representative of a company should accompany the inspector during the walk around portion of the inspection. 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. Let’s examine the differences between the two, and when standard applies. Read More, Updated: Top employer COVID vaccine questions and answers, Change of plans: CDC significantly expands definition of "close contact", Benefits of annual mine rescue contests and training in face of COVID-19, MSHA Blurring the Lines: Getting a clearer picture of how it really looks and works. Imminent Danger - Responding to situations of imminent danger is OSHA's highest priority. Second, MSHA safety laws are enforced using the strict liability standard, while OSHA standard for enforcement is a lesser standard. 811) and includes MSHA health, safety, and training standards. We bring together the best legal minds and reach beyond law to include experienced industry professionals. 1. References to OSHA in this section apply to both agencies. The compliance officer may ask questions about the project and what activities are taking place. OSHA's Focused Inspection Program was created to focus on the major hazards in the construction industry. Have evidence of a safety and health program that complies with all of OSHA's General Safety and Health Requirements, and 2. OSHA inspection rates are much much lower. Generally they are escorted by a representative of the mine owner and our work sites are only a small part of the overall inspection. 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. MSHA has no such restrictions. In an MSHA closing conference, citations will be issued on the spot. An inspection can be broken down into three main sections: an opening conference, the walk around portion, and a closing conference. 1. What do these new leaders mean for OSHA and MSHA? Compliance officers will show up on a job site unannounced. The OSHA Form 300 is the part of a federal requirement mainly concerning employee safety in the workplace. If they do not, ask the reason for the inspection. Of course, in his role as Solicitor of Labor, Scalia had exposure to MSHA enforcement, as well. OSHA has much broader authority than MSHA. Before and after these meetings, we often field questions on the difference between ANSI and OSHA. 1. All training courses are subject to privacy policy and terms of use. The material being mined and if that mine is above ground or underground. Hello, The Occupational Safety and Health Act was signed by Nixon on December 29, 1970. This will only aggravate the compliance officer and prolong the inspection. Can you require your employees to get vaccinated when a COVID-19 vaccine becomes available? 5. What decides a Part 46 mine vs a Part 48 mine? In some industries, the line between MSHA and OSHA jurisdiction can be complicated and blurry. Serious allegations may result in on site inspections. They will especially be concentrating on fall hazards, electrical hazards, struck by and caught between type hazards. If a compliance officer witnesses any situation they consider to be an imminent danger to workers, they have the right to initiate an inspection. Ask questions of workers. In a 2005 article in the University of Pennsylvania Journal of Labor and Employment Law, he discussed the challenge that MSHA faces with managing enforcement resources when some might expect it to be ever-present since it must inspect every property two or four times each year. 4. For MSHA to identify a violation in a post-accident investigation, is for the agency to raise the possibility that it erred. Work performed on mine properties is governed by the Mine Safety and Health Administration (MSHA). Extension Chords – Cannot be longer than 100 ft, must be a single chord, and protected from driving over He also understands the important roles that both OSHA and private companies play in securing safe workplaces. He/she may also ask to see some paperwork such as SDSs or the 300 Log. What is the difference between OSHA Form 300, 300A & 301? That sort of admission can be difficult, and in this sense the high ‘intensity’ of MSHA inspections can be among the challenges that confront that agency.”. trench collapse); struck by hazards. Call the Safety Department as soon as it is learned that OSHA is on site. Abel employees may not be able to accompany MSHA inspectors during their inspections. The act created both the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA). He added, “When those who make good faith safety and health complaints are subject to retaliation, it erodes an important source of government information on potential violations of the law. Before the inspection begins, the compliance officer will hold an opening conference. Serious violations may also cause the compliance officer to expand the scope of the inspection to a comprehensive inspection of the entire project. The problem most people have is trying to make sense of all the various safety and training certifications needed to … The inspection procedures of OSHA and MOSH are essentially the same. This approach gives our clients a greater perspective and ensures forward-thinking results. Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. Inspect the work area for unsafe acts or conditions. 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. In FY 1994 alone, OSHA inspections helped make more than 40,000 workplaces safer for nearly two million working Americans. A representative of each contractor should attend the opening conference. This blog is brought to you by the 22 workplace safety and health lawyers of law firm Husch Blackwell LLP. 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. 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 focused inspection is usually much quicker than a comprehensive inspection. MSHA specifies that an exposure above 105 dBA TWA requires dual protection. No date for a hearing on Scalia’s nomination has been scheduled on the calendar of the U.S. Senate Committee for Health, Education, Labor and Pensions (HELP) as of this writing. 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. OSHA logo and review of website do not imply endorsement or approval. 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. My company built to tell you if you need Part 46 or Part 48 MSHA training. What must a manufacturing plant share with the Occupational Safety and Health Administration? If you’re a facility safety manager, you’re already familiar with the workplace health and safety rules found in both the OSHA 1910 and 1926 safety standards. Work performed in an OSHA approved Plan State is governed by the that particular state regulatory agency. A regulation is promulgated under § 508 of the Mine Act (30 U.S.C. All logos and trademarks in this site are property of their respective owner(s). . It could be some time. 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. OSHA citations and MSHA assessments are sent in the mail in the days or weeks following an inspection. To qualify for a focused inspection an employer must do two things. If it did not find the hazard, why not? 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. 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. They regulate mine hazards. 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 OSHA's standards have made a real difference -- often the difference between life and death -- for millions of working people. 1. 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. MSHA requires that every injury and illness must be reported to MSHA. Differences between the agencies are pointed out where appropriate. 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. Be aware however, a compliance officer can cite a company for any serious violations they witness at any time during any type of inspection. As a simple example, OSHA requires employers to keep a log on site of all injuries and illnesses. 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. Is the inspection random, a referral, a complaint, etc. OSHA 10-Hour courses typically cover general topics like Introduction to OSHA, General Safety and Health Provisions, and Hazard Communication. For example, if a complaint was received about a scaffold without guardrails, that should be all the compliance officer inspects. 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. He recalled a case in which DOL was criticized by the court for taking 18 months to seek temporary reinstatement for a miner. When it was there, what did it find? At the start of the opening conference the compliance officer should introduce him/herself and show identification. 4. A member of Husch Blackwell’s Technology, Manufacturing & Transportation team, Avi focuses his practice on workplace safety and health matters, litigation and appellate law. With regard to the role of organized labor and federal regulatory enforcement, Scalia described his views in a thought-provoking piece published in the Harvard Journal of Law and Public Policy in 2001. OSHA's recordable versus reportable incidents: What’s the difference? 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. It is also not a good idea to stop work altogether while the compliance officer is on site. If my HazCom program meets OSHA’s hazard communication standard, will His confirmation hearing even included an admiring note he had received from Justice Ruth Bader Ginsburg. j a c k s o n k e l l y . . Above ground mines, such as quarries, are inspected at least twice a year in addition to accident and complaint investigations. MSHA has specific safety training guidelines for different kinds of mines, different conditions, and various potential hazards. Work performed in a U.S. OSHA regulated state is governed by the Federal Occupational Safety and Health Administration (OSHA). A closing conference will be held at the end of the walk around inspection. During the inspection, the compliance officer may do any of the following: 1. 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. Follow-up Inspections - OSHA has the right to conduct follow up inspections to verify abatement of previously cited hazards. Please note following conditions for use of this table. The Mine Safety and Health Administration (MSHA), U.S. Department of Labor, and the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, have entered into this agreement to delineate certain areas of authority, set forth factors regarding determinations relating to convenience of administration, provide a procedure for determining general jurisdictional … Work performed on mine properties is governed by the Mine Safety and Health Administration (MSHA). If possible, take pictures of anything the compliance officer takes pictures of. w w w . As the nominee for Solicitor of Labor in 2001, Scalia reportedly enjoyed bipartisan support from former DOL solicitors in the Clinton, George H.W. The inspector should state the scope of the inspection and why they are there. Subcontractor representatives also have the right to attend the walk around inspection. 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. Bush, Reagan, and Nixon administrations. 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. 6. Also ask if the inspection will be a focused inspection or comprehensive. Read More, This blog is brought to you by the 22 workplace safety and health lawyers of law firm Husch Blackwell LLP. These differences in philosophy between MSHA, OSHA, and the DMV seem to mirror the differences between individual people. Secretary of Defense Esper’s confirmation took seven months. He represents clients on OSHA, MSHA, CSB and other safety agency compliance, investigations, enforcement actions and appeals. The person accompanying the inspector should take detailed notes of the walk around inspection.