MSHA vs. OSHA
The Mine Safety and Health Administration (MSHA) covers mines, including sand and gravel pits, stone quarries and many cement and aggregate operations. If you work on mine property, MSHA rules apply instead of OSHA.
- Mining
- Construction
Key differences
| MSHA | OSHA | |
|---|---|---|
| Covers | Surface and underground mines, quarries, and many milling operations | Most other workplaces |
| Rules | 30 CFR | 29 CFR |
| Inspections | Required regularly: at least twice a year for surface mines and four times a year for underground mines | Based on priorities and complaints |
| Training | Required by law: Part 46 or Part 48 new miner and annual refresher training | Task-specific training requirements |
Training
- Part 46 (sand, gravel, crushed stone, and similar surface mines): 24 hours new miner training, 8 hours annual refresher.
- Part 48 (other surface and all underground mines): 24 hours new miner for surface, 40 hours for underground, 8 hours annual refresher.
- Contractors and vendors on mine sites need at least site-specific hazard awareness training.
- Workers moving to a new task need task training before doing it.
- Training is recorded on MSHA Form 5000-23 (or an equivalent record). Keep a copy; it travels with you.
Who’s covered: gray areas
- Construction contractors on mine property (building a new plant, repairing a crusher) are generally covered by MSHA while on site.
- Borrow pits used only for a highway or construction project are often covered by OSHA, under an agreement between the two agencies. Ask the site operator.
- Ready-mix plants and asphalt plants located away from a mine are usually OSHA.
- Truck drivers hauling from a quarry are covered by MSHA while on mine property.
Miners’ rights
- Request an MSHA inspection if you believe there’s a violation or imminent danger.
- Be protected from discrimination or retaliation for raising safety concerns. Complaints generally must be filed within 60 days.
- Have a representative go with the inspector.
- Receive required training with pay.
Reporting
Mine operators must notify MSHA within 15 minutes of learning about a death, an injury with a reasonable potential to cause death, and certain other accidents. That’s much faster than OSHA’s reporting rules. See OSHA Recordkeeping & Reporting.
Hazards that are bigger at mines
- Powered haulage: large haul trucks, conveyors and loaders
- Silica and other dusts. MSHA adopted a lower silica exposure limit in 2024; check current compliance dates. See Silica.
- Highwalls and ground falls
- Conveyor entanglement and lockout. See Conveyors.
Standards & references
- MSHA
- See also: Quarry & Aggregate Workers
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