This process is applicable to milling only when accomplished in relation to, and as an integral part of, other milling processes. This Interagency Agreement shall continue in effect unless terminated by mutual consent of both parties or terminated by either party upon thirty (30) days advance written notice to the other and approved by the Secretary in either case. Subagreements to accomplish the purposes set by this agreement may be developed and modified, as deemed necessary, by OSHA and MSHA. 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). MSHA Authority Ends - OSHA Authority Begins. j a c k s o n k e l l y . Use this Google Search Link to find practically everything the web has to offer on MSHA Inspections in PowerPoint format. Salt and cement distribution terminals not located on mine property. OSHA references the standard from ANSI, the American National Standards Institute, but it doesn’t refer to the most current version. Retorting is a process usually performed at certain mine sites, and is accomplished by heating the crushed material in a closed retort to volatilize the metal, material or hydrocarbon which is then condensed and recovered as upgraded metal, material or hydrocarbon. The general principle is that as to unsafe and unhealthful working conditions on mine sites and in milling operations, the Secretary will apply the provision of the Mine Act and standards promulgated thereunder to eliminate those conditions. The Federal Mine Safety and Health Act of 1977, Pub. If unresolved, the matter shall be referred to the Secretary of Labor for decision. To learn more about California’s workplace safety standards, regulatory developments on the horizon, and what you can do to stay in compliance, attend BLR’s upcoming Cal/OSHA Summit 2018. (6) Carcinogenicity – Whether the chemical or an ingredient in the mixture is a carcinogen or potential carcinogen. MSHA requires that every injury and illness must be reported to MSHA. When an employee has an injury or illness, the employer must determine if it is work-related. OSHA jurisdiction includes the following, whether or not located on mine property: brick, clay pipe and refractory plants; ceramic plants; fertilizer product operations; concrete batch, asphalt batch, and not mix plants; smelters and refineries. A CRUDE is any mixture of minerals in the form in which it occurs in the earth's crust. Extraction occurs on a one-time only basis or only intermittently as need occurs, for use as fill materials by the extracting party in the form in which it is extracted. The following factors, among others, shall be considered in making determinations of what constitutes mineral milling under section 3(h)(1) and whether a physical establishment is subject to either authority by MSHA or OSHA: the processes conducted at the facility, the relation of all processes at the facility to each other, the number of individuals employed in each process, and the expertise and enforcement capability of each agency with respect to the safety and health hazards associated with all the processes conducted at the facility. This includes the authority to regulate the construction of such facilities, structures and other property. of the Agreement, the following are types of operations which may be on or contiguous to mining and/or milling operations listed above, over which MSHA does not have authority to prescribe and enforce employee safety and health standards, and over which OSHA has full authority, under the Act, to prescribe and enforce safety and health standards regarding working conditions of employees. Want More MSHA Inspections PowerPoints? The Mine Act gives MSHA much broader oversight and stronger enforcement capability than OSHA. OSHA got concrete batch plants, asphalt plants, and borrow pits. The Cal/OSHA/U.S. Listen to the latest and subscribe! The reason pipe marking is a little less straightforward is because OSHA’s standard on the issue, 29 CFR 1910.261 (a)(3)(ii), only states: Scheme for the Identification of Piping Systems, A13.1 – 1956. In the interest of administrative convenience and the efficient use of resources the agencies agree to the following enforcement procedures: When OSHA receives information concerning unsafe or unhealthful working conditions in an area for which MSHA has authority for employee safety and health, OSHA will forward that information to MSHA. ", "Any individual working in a coal or other mine.". The Occupational Safety and Health Act of 1970 (OSHAct) gives the Secretary of Labor authority over all working conditions of employees engaged in business affecting commerce except those conditions with respect to which other Federal agencies exercise statutory authority to prescribe or enforce regulations affecting occupational safety or health. 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. If my HazCom program meets OSHA’s hazard communication standard, will Cal/OSHA has one of only two programs in the United States and is considered a national model.  Federal OSHA has no comparable program. Learn more! The Office of Legislative and Interagency Affairs in OSHA and the Office of the Assistant Secretary in MSHA shall serve as liaison points to facilitate communication and cooperation between the participating organizations. This interagency coordination may also include cooperative training, shared use of facilities, and technical assistance. This may interest many because it goes beyond MSHA to office spaces and things covered more by OSHA than MSHA, including training for office persons. Environment, Health, and Safety (EHS) is often viewed by some workers and executives as nothing more than a box to be ticked off on an onboarding training checklist. "Borrow Pits" are subject to OSHA jurisdiction except those borrow pits located on mine property or related to mining. An ORE is a solid crude containing valuable constituents in such amounts as to constitute a promise of possible profit in extraction, treatment, and sale. Kiln Treatment is the process of roasting, calcining, drying, evaporating, and otherwise upgrading mineral products through the application of heat. Commences at the point when milling, as defined, is completed, and two or more raw materials are combined to produce another product. The OSHAct also provides that States may operate their own occupational safety and health programs under a plan approved by the Secretary. Mining Operations Information for operators and miners to minimize the spread of Coronavirus/COVID-19. Commences after arrival of sand and gravel or aggregate at the plant stockpile. Learn the best way to handle an employee’s refusal to wear a mask and your company’s best course of action in response.  Access your free copy, here. We know the unique challenges facing the mining industry , between training and … Dated: March 29, 1979, Secretary of Labor Federal OSHA has no comparable standard. 3 – MSHA Enforcement of Part 46 vs Part 48. Acute exposure to diacetyl can lead to pulmonary problems, including bronchiolitis obliterans, a permanent and irreversible lung condition. Michigan establishes state requirements for employers to protect against COVID-19. Mine rescue teams compete in contests across the country to prepare themselves to operate effectively in a mine emergency. If not located on mine property, OSHA has authority over entire plant. This data is used to calculate the recordable incident rate. It entrails such work as directed to the severence of minerals from the natural deposits by methods of underground excavations, opencast work, quarrying, hydraulicking and alluvial dredging. On an OSHA work site, a contractor may go his whole career without seeing an OSHA inspector. Overall, MSHA places more regulatory requirements and rigid enforcement on Part 48 than on Part 46. Sintering is the process of agglomerating small particles to form larger particles, cakes or masses, usually by bringing together constituents through the application of heat at temperatures below the melting point. In fact, this is true of the majority of nonmetallic minerals. Evaporating is the process of upgrading or concentrating soluble salts from naturally occurring, or other brines, by causing uncombined water to be removed by application of solar or other heat. Whom enforces the rules? Cal/OSHA’s IIPP rule is its most frequently cited violation. Commences at the point when milling, as defined, is completed, and metals are recovered by means of electrochemical processes. Both the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) play important roles in ensuring safety in the workplace. The guidance, in a program policy letter, reflects MSHA's understanding that many mine operators are meeting OSHA's HazCom standard. Such subagreements will include specific provisions for detailing the coordination between the agencies. The MSHA provision of two types of muffs and two types of plugs is specific to this standard. Other Cal/OSHA non-PEL standards for airborne contaminants, which the DIR says are more protective than federal OSHA’s, address ventilation for laboratory-type hood operations, aerosol transmissible disease, and diseases transmitted from animals (zoonotics). Subject to Paragraph B.5. Sizing is the process of separating particles of mixed sizes into groups of particles of all the same size, or into groups in which particles range between maximum and minimum sizes. 8. "Coal or other mine" is defined in the Mine Act as: "(A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (B) private ways and roads appurtenant to such area, and (C) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailing ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities. MSHA inspections are slightly different than OSHA. Since then, Cal/OSHA, which administers the plan, has been aggressive in issuing standards that are either more stringent than federal OSHA’s baseline standards or that have no federal counterpart at all. for Mine Safety and Health This blog is brought to you by the 22 workplace safety and health lawyers of law firm Husch Blackwell LLP. The agreement will also serve as guidance to employers and employees in the affected industries in determining the jurisdiction of the two statutes involved. While federal OSHA is still using its original 1970 PELs for most substances, “Cal/OSHA reviews PELs continuously to determine if they should be updated,” says the DIR. Commences at the point when milling, as defined, is completed, and material enters the sequential processes to produce a product of higher purity. Pelletizing is the process in which finely divided material is rolled in a drum, cone, or an an inclined disk so that the particles cling together and roll up into small spherical pellets. Diacetyl. Calcining is the process of applying heat to mineral materials to upgrade them by driving off volatile chemically combined components and effecting physical changes. MSHA and OSHA will endeavor to develop compatible safety and health standards, regulations, and policies with respect to the mutual goals of the two organizations including joint rulemaking, where appropriate. California’s state plan was approved in 1973. Commences after arrival of the clay and other additives at the plant stockpile. When MSHA receives information regarding unsafe or unhealthful working conditions in an area for which OSHA has authority for employee safety and health, MSHA will forward that information to OSHA for appropriate action. 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. Commences after arrival of raw materials at the plant stockpile. Inspections are conducted according to the following priority schedule. Under the Memorandum, the U.S. Attorneys’ Offices will work with OSHA, Mine Safety (MSHA), and Wage and Hour Division to investigate and prosecute worker endangerment violations. (i) The MSHA or OSHA permissible limit, if there is one, and (ii) Any other exposure limit recommended by the preparer of the MSDS. New miner training - MSHA Part 46.5 Newly hired experienced miner training - MSHA Part 46.6 New task training - MSHA Part 46.7 Annual refresher training - MSHA Part 46.8 Site-specific hazard training - MSHA Part 46.11 Responsibility for independent contractor training - MSHA Part 46.12 A blog focused on OSHA and MSHA compliance in the workplace. High-rise window cleaning. Jurisdictional questions that can not be decided at the local level shall be promptly transmitted to the respective National Offices which will attempt to resolve the matter. Find out how environment, health, and safety (EHS) professionals […], We have a variety of webinars, online events, and virtual roundtables available free of charge to keep you informed and connected to other EHS professionals throughout the COVID-19 pandemic. 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 questions, and provide for coordination between MSHA and OSHA in all areas of mutual interest. Differences between the agencies are pointed out where appropriate. While federal OSHA has conducted an awareness campaign around heat stress hazards for the past several years and can use the General Duty Clause to issue citations, Cal/OSHA has a specific heat illness prevention regulation for outdoor workers. The online training Packages and Individual Courses offered below are designed in compliance with MSHA requirements for the training and retraining of miners based on the Title 30 CFR – Part 46 regulations for surface miners and surface mining contractors. Quarrying. On November 29, 2017, Nick Scala of Conn Maciel Carey’s national MSHA Practice, presented a webinar regarding MSHA Recordingkeeping Requirements and Document Production. OSHA requires that a site display it from February through April annually. OSHA is changing its approach to regulations by eliminating or fixing out-of-date and confusing standards, by identifying clear and sensible priorities for new rules, and by employing flexible "performance-based" approaches where feasible. Sawing and cutting stone is the process of reducing quarried stone to smaller sizes at the quarry site when the sawing and cutting is not associated with polishing or finishing. Contractor identification numbers can be requested online by completing the Form 7000-52. Assistant Secretary of Labor Milling is the art of treating the crude crust of the earth to produce therefrom the primary consumer derviatives. L. 91-173 as amended by Pub. The valuable constituents of an ore are ordinarily called valuable minerals, or often just minerals; the associated worthless material is called gangue. The Cal/OSHA Summit, which will be held from October 17–19 in San Diego, is a leading state-specific event for California employers and safety professionals to get cutting-edge developments on new safety regulations, compliance strategies, and management tactics. Since the 1970s, Cal/OSHA has added to or revised its PELs more than 20 times. Where do […]. 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". At that point, however, the discovery is too late for the injured. Where can I request a MSHA Contractor ID? Mining and tunneling. When any question of jurisdiction between MSHA and OSHA arises, the appropriate MSHA District Manager and OSHA Regional Administrator or OSHA State Designee in those States with approved plans shall attempt to resolve it at the local level in accordance with this Memorandum and existing law and policy. Section 4 of the Mine Act gives MSHA jurisdiction over each coal or other mine and each operator of such mine. OSHA regulatory authority commences as indicated in the following types of operations: If the plant is located on mine property, commences at the point when milling, as defined, is completed, and the gypsum and other materials are combined to enter the sequential processes necessary to produce gypsum board. Further, Section 3(h)(1) directs the Secretary of Labor, in making a determination of what constitutes mineral milling, to give due consideration to the convenience of administration resulting from the delegation to one Assistant Secretary of all authority with respect to the health and safety of miners employed at one physical establishment. OIG also points out inconsistencies in agency citations for late reporting. Recently, OSHA completed a page-by-page review of its nearly 3,000 pages of regulations. OSHA gathers data on injuries and illnesses caused by workplace hazards through employer records and phone-call reports. No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. Following is a list with general definitions of milling processes for which MSHA has authority to regulate subject to Paragraph B6 of the Agreement. In metallic ores, however, the valuable minerals in their natural state are rarely the product desired by the consumer, and chemical treatment of such minerals is a necessary step in the process of beneficiation. Ultimately, the question of MSHA vs OSHA is an important one because it’s all about worker safety. Appendix A provides more detailed descriptions of the kinds of operations included in mining and milling and the kinds of ancillary operations over which OSHA has authority. Pursuant to the authority in section 3(h)(1) to determine what constitutes mineral milling considering convenience of administration, the following jurisdictional determinations are made: MSHA jurisdiction includes salt processing facilities on mine property; electrolytic plants where the plants are an integral part of milling operations; stone cutting and stone sawing operations on mine property where such operations do not occur in a stone polishing or finishing plant; and alumina and cement plants. This process is applicable to milling only when accomplished in relation to, and as an integral part of, other milling processes. However, where the provisions of the Mine Act either do not cover or do not otherwise apply to occupational safety and health hazards on mine or mill sites (e.g., hospitals on mine sites) or where there is statutory coverage under the Mine Act but there exist no MSHA standards applicable to particular working conditions on such sites, then the OSHAct will be applied to those working conditions. Workplace violence prevention in health care. Pulverizing is the process whereby mined products are reduced to fine particles, such as to dust or powder size. MSC Industrial Supply Safety Specialist Shelly Baize explains how 2 crucial organizations ensure the health and safety of all workers. Process Safety Management (PSM). Posted in Compliance tips, OSHA. L. 95-164 (Mine Act), authorizes the Secretary of Labor to promulgate and enforce safety and health standards regarding working conditions of employees engaged in underground and surface mineral extraction (mining), related operations, and preparation and milling of the minerals extracted. The table permits a quick comparison of the hearing conservation requirements of US general industry (OSHA, 1983), mining (MSHA, 1999), and the most recent recommendations of NIOSH (1998). Cal/OSHA’s PEL for acetone is 500 parts per million (ppm) compared to federal OSHA’s standard of 1,000 ppm. Cal/OSHA vs. Federal OSHA: An Overview. Dated: March 29, 1979. Each agency agrees to notify the other of the disposition of enforcement matters forwarded to it for appropriate action. Attendees will learn proven strategies for acing Cal/OSHA inspections, avoiding the most common compliance mistakes, delivering excellent safety performance results, and building a strong culture of safety throughout their organization. "Operator" is defined in the Mine Act as: "Any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine.". Sign up for the EHS Daily Advisor Newsletter, Facing Forward: Profiles of EHS Professionals, Safety Training – Do What’s Right, Not Just What’s Required, THE HEAT IS ON: A Look at Workplace Heat Stress Prevention. OSHA inspectors may question the person designated as competent on his or her knowledge to ensure the person meets the requirements for being competent. OSHA will not conduct general inspections of mine or mill sites except with respect to those areas set forth in this Agreement and its Appendix A. The MSHA regulation was published September 13, 1999 with an effective date of September 13, 2000. The Occupational Safety and Health Administration, also known as OSHA, is the division of the US Department of Labor responsible for overseeing workplace safety. Asbestos exposure in the mining industry: a case for revising the MSHA Standard. OSHA and MSHA, sister agencies within the Department of Labor, inked a memorandum of understanding (MOU) in 1979 that set limits on their areas of authority. -The difference between a "moderate" The truth, as we all know, is far different. “Cal/OSHA makes regular visits to facilities, to conduct Program Quality Verification reviews, respond to complaints, conduct fatality investigations, evaluate chemical releases and fires, and investigate explosions.”. OSHA 10-Hour courses typically cover general topics like Introduction to OSHA, General Safety and Health Provisions, and Hazard Communication. Underground Mining When MSHA receives information regarding a possible unsafe or unhealthful condition in an area for which MSHA has authority and determines that such a condition exists but that none of the Mine Act's provisions with respect to imminent danger authority or any enforceable standards issued thereunder provide an appropriate remedy, then MSHA will refer the matter to OSHA for appropriate action under the authority of the OSHAct. With that in mind and courtesy of the California Department of Industrial Relations (DIR), of which Cal/OSHA is a division, we provide several comparisons of federal OSHA and Cal/OSHA. This rule requires every employer to develop and implement a written safety and health program tailored to the specific workplace. Updated Daily. Section 3(h)(1) of the Mine Act gives MSHA jurisdiction over lands, structures, facilities, equipment, and other property used in, to be used in, or resulting from mineral extraction or used in or to be used in mineral milling. The standard applies to a job, process, or operation where an RMI has occurred to more than one employee under certain conditions. MSHA vs. OSHA . As a simple example, OSHA requires employers to keep a log on site of all injuries and illnesses. In some ores the mineral is in the chemical state in which it is desired by primary consumers, e.g., graphite, sulphur, asbestos, talc, garnet. OSHA’s HCS. The competent person or MSHA approved instructor can be either a mine employee or a non-employee trainer contracted by the mine to conduct the training. Under no circumstances may a state plan include provisions that, in the opinion of OSHA, are less stringent than the federal counterpart provisions. Crushing is the process used to reduce the size of mined materials into smaller, relatively coarse particles. The mission of EHS On Tap is to provide clear, relevant, actionable information on topics that matter to EHS professionals in podcast form through engaging and insightful interviews with experts and thought leaders. This interagency coordination may also include cooperative training, shared use of facilities, and technical assistance. Unless determined by an Audiologist or Physician to be neither work-related nor aggravated by occupational noise exposure, MSHA considers reportable a 25 dB HL average change at 2000, 3000 and 4000 Hz. This free survey report aims to look at how companies are addressing the variable aspects of heat stress programs, such as dealing with indoor versus outdoor work, how they handle personal protective equipment (PPE), and how heat stress fits into the whole of their safety program. 1. Cal/OSHA adopted a standard in 2010 to regulate employee exposure to this food flavoring, which is used extensively in microwave popcorn and other food products. Currently, 28 states have approved state plans. The end products are usually the result of concentration by the methods of ore dressing (milling) followed by further concentration through metallurgical processes. The valuable produce of the oredressing treatment is called Concentrate; the discarded waste is Tailing.*. MSHA and OSHA will endeavor to develop compatible safety and health standards, regulations, and policies with respect to the mutual goals of the two organizations including joint rulemaking, where appropriate. Also, if an employer has control of the working conditions on the mine site or milling operation and such employer is neither a mine operator nor an independent contractor subject to the Mine Act, the OSHAct may be applied to such an employer where the application of the OSHAct would, in such a case, provide a more effective remedy than citing a mine operator or an independent contractor subject to the Mine Act who does not, in such circumstances, have direct control over the working conditions. "Borrow pit" means an area of land where the overburden, consisting of unconsolidated rock, glacial debris, other earth material overlying bedrock is extracted from the surface. As an EHS professional, you are passionate about your work: ensuring that everyone at a jobsite or facility […], Identifying training needs is easy in the aftermath of a workplace incident. The article reports on the U.S. Mining Safety and Health Administration (MSHA) and the frequent visit of its inspectors to mining sites compared to Occupational Safety & Health Administration (OSHA). MSHA Response to COVID-19. Washing is the process of cleaning mineral products by the buoyant action of flowing water. This agreement is entered into to set forth the general principle and specific procedures which will guide MSHA and OSHA. 2020 Mine Rescue Contests. Stay Informed! Drying is the process of removing uncombined water from mineral products, ores, or concentrates, for example, by the application of heat, in air-actuated vacuum type filters, or by pressure type equipment. OSHA recently published an update to its Hazard Communication Standard, incorporating the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals. And in an industry as dangerous as mining, it’s a question you can’t afford to ignore. 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