This was an interesting decision, as I have always been amazed at the legalities involved with which agency enforces which rules at a specific workplace. Some workplaces will have to comply with BOTH OSHA and MSHA standards, making safety management even more complicated. This case involved a “mining company” but the complaint and subsequent citations were regarding the “bag plant”, which OSHA deemed was their jurisdiction. The company disagreed and contested the citations to an ALJ, who also agreed with the company and vacated the OSHA citations. OSHA took the matter to the full commission (OSHRC) which had only two commissioners at the time and they could not agree so the ALJ’s decision held up. OSHA then took the matter to the Second Circuit Court of Appeals where they ruled unanimously that the U.S. Secretary of Labor has the authority to determine that OSHA has jurisdiction at the bagging operation, rather than the MSHA. CLICK HERE for the Second Circuit Court of Appeals opinion; makes an interesting read for those working at businesses that have areas that fall under both OSHA and MSHA.