Breaking Down the Differences Between MSHA and OSHA in Workplace Safety
Written by Staff Writer | Edited by Michael Purser
You are probably well aware of how dangerous mining can be. That’s why so many rules exist to make these jobs as safe as they can reasonably be. But they don’t all come from one source, and that can be confusing.
Multiple regulatory agencies in the United States protect mine workers. As a miner, you and your employer are overseen by the Mine Safety and Health Administration (MSHA). But you and the people you work with are also protected by the Occupational Safety and Health Administration (OSHA).
Do you know the difference between these two organizations? Let’s look at what each agency does to better understand how different regulations affect your job.
What Is MSHA?
The Mine Safety and Health Administration was founded to carry out the provisions of the Federal Mine Safety and Health Act of 1977. Later, it also took on the role of administering the Mine Improvement and Emergency Response Act of 2006.
Although working as a miner is still a potentially hazardous occupation today, it was much more dangerous before the development of key worker protection standards. Thanks to these two acts, mine owners and employers must work much harder than they once did to keep miners safe. It’s not a coincidence that there were more mining deaths in 1907 alone than the total number of miners lost in the entire period since 1976.
MSHA makes sure that mine operators and companies employing miners follow safe workplace regulations for all surface and underground sites. The organization handles inspection and enforcement, investigates accidents and safety violations and requires safety training programs to protect miners.
What Is OSHA?
The Occupational Safety and Health Administration was established as part of the Occupational Safety and Health Act of 1970. Its mission is to “assure America’s workers have safe and healthful working conditions free from unlawful retaliation.”
It sets and enforces national workplace safety regulations, provides support and training and works collaboratively with states to ensure their programs are at least as effective as federal standards in preventing occupational hazards.
It covers many different industries, such as construction, manufacturing, agriculture and healthcare. Essentially, if an industry doesn’t have a specific regulatory organization overseeing it, like with mining, then it answers primarily to OSHA. The administration continuously seeks to develop a safety culture in the workplace across all industries.
What Is the Difference Between These Two Organizations?
Each organization serves a vital role in keeping American workers safe, but there are some significant differences between them. The scope of each organization was defined in a memorandum of cooperation released by the U.S. Department of Labor.
Instead of thinking of the relationship between these rulemaking bodies as a case of MSHA vs. OSHA, think of it as a cooperation with a stringent division of powers. Both work together to minimize hazards, prevent the loss of life and enforce federal safety guidelines.
Some of the differences between these organizations include:
MSHA | OSHA | |
|---|---|---|
Jurisdictions | Focuses exclusively on the mining industry. That includes work conducted both above and below the ground. Most surface operations are covered under Part 46, while most subterranean operations are governed by Part 48. This organization is responsible for all U.S. mines and mining operations — but that’s the only industry it regulates. | Oversees safe workplace regulations for every industry without a specific enforcement body to ensure safe workplace standards. That broad mandate includes everything from manufacturing to office work. States can enforce an OSHA-approved State Plan if the plan maintains standards that are at least as effective as those found in federal laws. |
Legislative Origins | Established by the MSH Act of 1977, which is specific to the mining industry. | Operates under the authority of the OSH Act of 1971, which covers almost all workers in the United States. |
Compliance Requirements | Conducts four inspections per year for underground mines and two per year for surface mines. It mandates comprehensive training like MSHA Part 46 education for new miners. Also requires the use of suitable equipment, materials and techniques on all worksites. | Requires employers to provide a workplace free of recognized hazards as mandated by the General Duty Clause. Employers must proactively identify and eliminate hazards when possible and provide reasonable protection if elimination is not possible. It sets training standards, abatement procedures, hazard exposure limits and other provisions for many occupations across its many regulated industries. |
Inspection Procedures | All sites are inspected annually during unannounced visits by inspectors according to the frequency listed above, with additional spot checks in environments where workers may be exposed to high levels of explosive or toxic gases. These inspections include reviews of relevant documentation, site walkthroughs, interviews with employees and hazard assessments. Site inspections may lead to citations for failure to adhere to regulations. | Inspections are usually conducted by Compliance Safety and Health Officers (CSHOs), authorized to enter workplaces without delay at any reasonable time. These checks primarily consist of a walkthrough to inspect common hazard potentials like falls, struck-by and caught-between accidents. Employee interviews are also part of the inspections. The administration is also empowered to issue fines and citations. |
Penalties | May levy maximum penalties of up to $90,649 per violation according to 30 CFR Part 100. Flagrant violations, such as repeated failure to protect workers from known violations, can be up to $332,376. Individual miners can be fined for violations as well, such as violating smoking prohibitions — though the practice is rare. Businesses may dispute the inspector through the Federal Mine Safety and Health Review Commission (FMSHRC). | May choose from a varied range of penalties due to the wide scope of the organization’s work. For serious violations, where an employer knew or should have known about a hazard that could cause serious injury or death, the minimum is $1,221 per violation and the maximum is $16,550 per violation. Failure to address an issue or comply with an order may leave an employer open to litigation or a fine that grows each day until the problem is fixed. |
Training Mandates | Workplace education is divided into two major groups depending on the nature of the jobsite. Part 46 training is required for most surface mines. Part 48 training applies to most underground operations and some types of surface mines. | Employers must provide training to employees who are exposed to workplace hazards. The type and depth of instruction depend on the job, the industry and the hazards present on the jobsite. Common foundational training requirements include 10-hour and 30-hour Outreach Training, although more specific courses based on the specific role may be necessary. |
Miner Safety Training
As you can see, while both organizations share a similar mandate, their roles differ. As a miner, MSHA is your first line of defense against the dangers you’ll encounter while extracting valuable materials from the earth. MSHA certification training creates a foundation of safety that will help you protect yourself on the job and come home safe after each shift.
This training is mandatory by law for many surface mining operations, like sand, gravel and surface limestone mines. Regulators also require miners to take at least eight hours of refresher training each year. It’s required for miners, supervisors, construction workers and independent contractors who work at any Part 46 surface mining operation.
We offer Part 46 training courses for miners, including new miner training and an annual refresher course. Each one covers all the topics required by regulators for safety compliance, including:
- Health hazards
- Hazard communication
- Electricity, fire and explosives
- Machinery and equipment
- Materials handling and storage
- Health and safe workplace standards
We even make it easy for mine operators to stay compliant with bulk discounts for employee training and a free Part 46 Training Plan Template.
MSHA has the final word on mining industry law, but specific OSHA hazard education courses provide a second layer of protection for applicable health risks. Protect yourself with a focused look at topics like silica safety or permit-required confined spaces.
Train with OSHA Education Center
We are the go-to resource for workplace safety education in a wide variety of industries, including mining. We offer the courses you need in a format that fits your busy lifestyle.
We know that you don’t have hours to spend in a classroom. You need a high-quality education that meets you where you are right now.
Some of the benefits of our courses include:
- 100% online instruction
- Self-paced study that’s ready when you are
- 24/7 course access from any internet-connected device
- Automatic progress saving that picks up where you left off
- Instantly downloadable Certificate of Completion
- Ease course assignment and tracking for teams of all sizes
Whether you are a new miner, an experienced pro, a supervisor or a mine operator, we have the resources and the expertise you need to meet regulatory requirements. Sign up for Part 46 training or check out our business solutions to get started.