Mining Matters: What’s new with MSHA jurisdiction? A review of recent important decisions

The Mine Safety and Health Administration (MSHA) has jurisdiction over “mines” and mining and milling processes. But there is no bright line as to when MSHA has jurisdiction and when it does not. Instead, determinations are made on fact-specific case-by-case bases. Two recent court decisions highlight the factors considered in jurisdictional determinations: The D.C. Circuit’s KC Transport decision and the Review Commission’s Cactus Canyon decision. In this episode, Arthur and Chris will discuss these recent decisions, what lessons may be drawn and what it means for the mining community going forward.