On March 14, 2018, Nick Scala of Conn Maciel Carey’s national MSHA Practice, presented a webinar regarding MSHA Jurisdiction: Where Does It Begin and End?.

The Mine Act of 1977 governs all mine operators, and grants MSHA authority over the industry. While the agency clearly has the power to regulate and inspect active mining operations around the country, its reach has limits, and stakeholders should be aware of when it is appropriate to challenge MSHA’s grasp. This webinar will review the limits of MSHA’s jurisdiction, beginning with the OSHA/MSHA Interagency Agreement up until the recent 6th Circuit decision in Maxxim Rebuild.

During this webinar, participants learned about:

  • ​The operations which clearly fall within, and outside, the limits of MSHA’s governance;
  • The effects of recent decisions from the Federal Mine Safety and Health Review Commission and Federal Court system on MSHA’s power; and
  • How to challenge MSHA attempts to inspect operations and facilities outside their jurisdiction.

Here is a link to a recording of the webinar with slides and audio. This was the second webinar event in the 2018 Conn Maciel Carey MSHA Webinar Series.