The Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) are Department of Labor agencies. MSHA regulates roughly 12,000 mining and processing locations. OSHA regulates employers everywhere else. Some federal funds support optional state OSHA approved programs. In California, the Department of Occupational Safety and Health inspects mines, but it uses non-federal funds for this activity. States may enforce mine safety but they cannot contradict MSHA.

The authority of the two agencies is mutually exclusive. Occasionally, mine inspectors will claim a right to inspect a location not previously considered a mine. Similarly, OSHA inspectors may claim jurisdiction at a site MSHA regulates. In order to minimize jurisdictional conflicts, MSHA and OSHA signed a memorandum of understanding in 1979 whereby the two agencies designated which types of facilities are and are not mines. 

However, the agreement did not anticipated every situation. There are frequent occasions when the law, agency policy and legal decisions must be consulted to evaluate which agency has jurisdiction.

Likewise, the laws and regulations of each agency are different. Both agencies have extensive rules to prevent injuries, but the approach and requirements for each are distinct.

Learning Objectives:

• Delineate the difference between OSHA and MSHA regulations regarding fall arrest.
• Review the fall arrest practices and procedures that govern your specific facility.
• Discuss anchoring options available to make your work environment safe.
• Create a plan to protect against falls at your facility.