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. 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 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. 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. 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. 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. 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. 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. Ultimately, the question of MSHA vs OSHA is an important one because it’s all about worker safety. Acute exposure to diacetyl can lead to pulmonary problems, including bronchiolitis obliterans, a permanent and irreversible lung condition. OIG also points out inconsistencies in agency citations for late reporting. Cal/OSHA has one of only two programs in the United States and is considered a national model.  Federal OSHA has no comparable program. 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. Over a year ago, the Departments of Justice and Labor began meeting to explore a joint effort… 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. The laws and regulations of each agency are different. OSHA inspectors usually don’t show up unless there is a hazard complaint or an accident with a … Listen to the latest and subscribe! 1. 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. © 2020 BLR®â€”Business and Legal Resources 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 All rights reserved. On November 29, 2017, Nick Scala of Conn Maciel Carey’s national MSHA Practice, presented a webinar regarding MSHA Recordingkeeping Requirements and Document Production. Overall, MSHA places more regulatory requirements and rigid enforcement on Part 48 than on Part 46. 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. Permissible exposure limits (PELs) for air contaminants. Determinations shall be made by agreements between MSHA and OSHA. Minerals so excavated usually required upgrading processes to effect a separation of the valuable minerals from the gangue constituents of the material mined. Leaching is the process by which a soluble metallic compound is removed from a mineral by selectively dissolving it in a suitable solvent, such as water, sulfuric acid, hydrochloric acid, cyanide, or other solvent, to make the compound amenable to further milling processes. Crushing is the process used to reduce the size of mined materials into smaller, relatively coarse particles. Commences at the point when milling, as defined, is completed, and two or more raw materials are combined to produce another product. The Federal Mine Safety and Health Act of 1977, Pub. Under section 3(h)(1), the scope of the term milling may be expanded to apply to mineral product manufacturing processes where these processes are related, technologically or geographically, to milling. The valuable produce of the oredressing treatment is called Concentrate; the discarded waste is Tailing.*. MSHA vs. 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. The state is also working on a separate standard for indoor heat hazards, which is expected to be proposed by January 2019. MSHA enforces requirements at over 13,000 mines in the United States, an… While both agencies have extensive rules to prevent injuries, the approach and requirements for each are distinct. Concentrating is the process of separating and accumulating economic minerals from gangue, or the upgrading of ore or minerals. for Occupational Safety and Health The Occupational Safety and Health Administration, also known as OSHA, is the division of the US Department of Labor responsible for overseeing workplace safety. Mine rescue teams compete in contests across the country to prepare themselves to operate effectively in a mine emergency. Alternatively, a state plan may include standards that are more stringent than the federal counterparts. No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. A blog focused on OSHA and MSHA compliance in the workplace. Since the 1970s, Cal/OSHA has added to or revised its PELs more than 20 times. 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". 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. This process is applicable to milling only when accomplished in relation to, and as an integral part of, other milling processes. *Preface, p.v., Handbook of Mineral Dressing, Arthur P. Taggart, Second Printing, March 1947, John Wiley and Sons, Inc. Dredging (When the primary purpose of the dredging operation is to recover metal or nonmetallic minerals for milling and/or sale or use.). Cal/OSHA has two offices focused solely on PSM with dedicated staff. We know the unique challenges facing the mining industry , between training and … This data is used to calculate the recordable incident rate. The guidance, in a program policy letter, reflects MSHA's understanding that many mine operators are meeting OSHA's HazCom standard. Under federal law, OSHA may approve state plans—that is, give a state the authority to implement and enforce standards OSHA issues under the federal Occupational Safety and Health (OSH) Act. Based upon my previous post , and my reference to MSHA (Mine Safety & Health Administration), I realized I should back up a bit and explain why MSHA matters. Want More MSHA Inspections PowerPoints? At UL, they believe a better approach is to understand training needs (and provide training), so workers are able to identify workplace hazards and take precautions that prevent incidents. Please note following conditions for use of this table. 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. One example is acetone, a widely used solvent.
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