Similarities and Differences between OSHA and MSHA - Assignment Example

In respect to unsafe working conditions, they are charged with enforcement. All operations within certain industries fall within the jurisdiction of OSHA and MSHA. In 2003 for example, an MSHA inspector conducted an inspection of Calmat Company of Arizona’s phoenix facility. He observed an imminent danger failure on a caterpillar driver who wasn’t wearing any fall protection (Karmis, 2001).

Differences

MSHA

OSHA

Compulsory new employee training consisting of 40 hours for underground miners and 24 hours for surface miners. Also mandatory refresher and task training

No compulsory training, training is required by particular standards

No state plans

State plans

No general duty clause

The general duty clause requires all employers to correct hazards regardless of established regulations

Injuries and illness reports and statistics must be submitted for each incident by each mine site

Injuries and illness reports and statistics are maintained in a log and produced for review and not reported

Individual employees may bring discrimination cases on the basis of safety even if MSHA  declines to prosecute a case

There is no private right of action for a safety discrimination case

Employee representative is entitled to inspection walk–around pay

No walk around pay

Inspections are done on annual basis, 2 compulsory full inspections for surface operations and 4 mandatory ones for underground operations

No mandatory inspections

(United States. Occupational Safety and Health Review Commission, Unites States. Board of Mine Operations, 2001).