OSHA Instruction CPL 2.42 March 14, 1980 Office of Compliance Programming

Subject: Interagency Agreement Between the Mine Safety and HealthAdministration and the Occupational Safety and Health Administration, U.S.Department of Labor.

A. Purpose. This instruction provides guidelines for implementing theInteragency Agreement between the Mine Safety and Health Administration andthe Occupational Safety and Health Administration which became effective onMarch 29, 1979.

B. Scope. This instruction applies OSHA-Wide.

C. Action. Regional Administrators and Area Directors shall assure thatthe objectives and concepts inherent in the Interagency Agreement areeffectively implemented in accordance with guidelines in paragraph F of thisinstruction. (See Appendix A.)

D. Federal Program Change. This instruction describes a Federal programchange which affects State Programs. Each Regional Administrator shall:

1. Ensure that this change is forwarded promptly to each Statedesignee.

2. Explain the technical content of the change to the Statedesignee as requested.

3. Ensure that, within 30 days after receipt of this instruction,each State submits:

a. A plan change supplement incorporating the provisions ofthis instruction (or similar provisions) as part of the State's program;or

b. A proposed timetable for adoption of the change; or

c. Reasons why it is not necessary for the State to adopt thischange.

OSHA Instruction CPL 2.42 March 14, 1980 Office of Compliance Programming

4. Ensure that within 6 months after receipts of this instruction,the Federal program change (or its equivalent) is implemented and a planchange supplement is submitted by the State to the Region for review andprocessing.

5. Review policies, instruction and guidelines issued by the Stateto determine that this change has been communicated to State programpersonnel. Routine monitoring activities (e.g. accompanied inspections andcase file reviews) shall also be used to determine if this change has beenimplemented in actual performance.

6. Ensure that, if the State chooses not to honor thejurisdictional limits established in the MSHA/OSHA Agreement, any State OSHAinspections conducted for those working conditions under MSHA's jurisdictionare totally funded with State funds. The plan change, submitted as requiredby D.4 of this instruction, must include a system for recording andaccounting for these 100-percent State funded activities.

E. Background. The MSHA/OSHA Agreement of March 29, 1979, superseded theMESA/OSHA Memorandum of Understanding of April 22, 1974, as a result of theamendments to the Federal Mine Safety and Health Act of 1977 and theestablishment of the Mine Safety and Health Administration in the Departmentof Labor. The agreement aims to assure safe and healthful working conditionsfor employees at mine and milling worksites, through the coordination MSHAand OSHA activities at all levels. It is designed to clarify situationsinvolving overlapping jurisdiction between MSHA and OSHA with respect to thehealth and safety of miners employed at one physical establishment,particularly those miners working in mineral milling and related processes. The factors which will be used to determine, in close cases, what constitutesmineral milling under the Federal Mine Safety and Health Act of 1977 are alsoset forth in the agreement.

OSHA Instruction CPL 2.42 March 14, 1980 Office of Compliance Programming

a. In general, unsafe and unhealthful working conditions onmine sites and in milling operations come under the jurisdiction of MSHA andits regulations. This jurisdiction includes construction at mine and mineralmilling sites, including construction related to mining and milling performedby independent contractors. Where the provisions of the Mine Act andstandards issued under it either do not cover or do not apply to occupationalsafety and health hazards on mine or mill sites (e.g., in those facilitiesunrelated to mining or milling such as hospitals on mine sites), OSHAapplies. Also, when MSHA receives information about possible unsafe workingconditions in an area over which it has authority, but for which its statutesor standards afford no appropriate remedy, it will refer the matter toOSHA.

b. The agreement further clarifies MSHA and OSHA authority,outlines enforcement procedures, and establishes means for interagencycoordination.

F. Guidelines. Within the framework of the agreement, RegionalAdministrators and Area Directors will adhere to:

1. The areas of authority delineated in the Interagency Agreement; and

2. The procedural guidelines established in the agreement as follows:

a. Regional Administrators will maintain contact with theappropriate MSHA District Managers in order to expedite answers tojurisdictional and other issues. Area Office and MSHA Subdistrict levelcontact and coordination is also strongly encouraged.

b. When a jurisdictional question arises which cannot beresolved at the regional level, or guidance is required to make a decision,or the issue has nationwide impact, telephone the

Office of Field Coordination, which will refer the matter to theOffice of Compliance Programming.

c. When a jurisdictional issue has been resolved at theregional level, forward a copy of pertinent correspondence or a summary ofthe decision to the Office of Compliance Programming, through the Office ofField Coordination, Washington D.C., 20210.

d. Information concerning safety and health matters, includingworkplace complaints, in areas or workplaces under MSHA authority will bepromptly referred to MSHA for action in accordance with section C. of theagreement. OSHA inspections in areas or workplaces under MSHA jurisdictionshall be initiated only upon specific request from, or agreement with MSHAofficials.

3. Explain the jurisdictional limitations established by the twostatutes (OSHA and MSHA) and the Interagency Agreement to designees in Stateplan States.

a. Questions of jurisdiction between MSHA and OSHA Statedesignees should be resolved at the local level in accordance with the termsin B.8. of the agreement, and existing law and policy.

b. Regional Administrators shall assist State designees inestablishing personnel contacts between State agencies and MSHA DistrictManagers.

c. Jurisdictional matters that cannot be decided at the locallevel shall be referred promptly by the State designee to the RegionalAdministrator for transmittal through the Office Field Coordination, to theDirectorate of Federal Compliance and State Programs, Office of StatePrograms, for assistance in solving the problem.

d. State designees shall keep the Regional Administratorinformed of any problems and the resolutions thereof negotiated by MSHA andthe State. The Region shall forward information on such State/MSHA decisionsto the National Office as provided in F.2.C. of thisinstruction.

e. State designees should be advised that under the terms ofthe MSHA Act, and under appropriate State law, States may conduct inspectionsin areas where Federal OSHA in specifically excluded under the terms of theagreement(e.g. general schedule inspections on mine or mill sites) However,Federal OSHA cannot fund such inspections.

Grover C. Wrenn Director, Federal Compliance and State Programs

DISTRIBUTION: National, Regional and Area Offices State Designees NIOSHRegional Program Directors

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OSHA Instruction CPL 2.42 CH-1 Sept. 16, 1980 Office of ComplianceProgramming

The Mine Safety and Health Administration (MSHA), U.S. Department of Labor,and the Occupational Safety and Health Administration (OSHA), U.S. Departmentof Labor, have entered into this agreement to delineate certain areas ofauthority, set forth factors regarding determinations relating to convenienceof administration, provide a procedure for determining general jurisdictionalquestions, and provide for coordination between MSHA and OSHA in all areas ofmutual interest.

A. AUTHORITY AND PRINCIPLE

1. The Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 asamended by Pub. L. 95-164 (Mine Act), authorizes the Secretary of Labor topromulgate and enforce safety and health standards regarding workingconditions of employees engaged in underground and surface mineral extraction(mining), related operations, and preparation and milling of the mineralsextracted.

2. The Occupational Safety and Health Act of 1970 (OSH Act) gives theSecretary of Labor authority over all working conditions of employees engagedin business affecting commerce except those conditions with respect to whichother Federal agencies exercise statutory authority to prescribe or enforceregulations affecting occupational safety or health. The OSH Act alsoprovides that States may operate their own occupational safety and healthprograms under a plan approved by the Secretary.

3. This agreement is entered into the set forth the general principle andspecific procedures which will guide MSHA and OSHA. The agreement will alsoserve as guidance to ;employers and employees in the affected industries indetermining the jurisdiction of the two statute involved. The generalprinciple is that as to unsafe and unhealthful working conditions on minesites and in milling operations, the Secretary will apply the provisions ofthe Mine Act and standards promulgated thereunder to eliminate thoseconditions. However, where the provisions of the Mine Act either do notcover or do not otherwise apply to occupational safety and health hazards onmine or mill sites (e.g., hospitals on mine sites) or where there isstatutory coverage under the Mine Act but there exist no MSHA standardsapplicable to particular working conditions on such sites, then the OSH Actwill be applied to those working conditions. Also, if an employer hascontrol of the working conditions on the mine site or milling operation andsuch employer is neither a mine operator nor an independent contractorsubject to the Mine Act, the OSH Act may be applied to such an employer where

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

the application of the OSH Act would, in such a case, provide a moreeffective remedy than citing a a mine operator or an independent contractorsubject to the Mine Act who does not, in such circumstances, have directcontrol over the working conditions.

B. CLARIFICATION OF AUTHORITY

1. Section 4 of the Mine Act gives MSHA Jurisdiction over each coal orother mine and each operator of such mine. Section 3(d) defines "operator"and includes in that definition independent contractors performingconstruction at mines.

2. Section 3(h)(1) of the Mine Act gives MSHA jurisdiction over lands,structures, facilities, equipment, and other property used in, to be used in,or resulting from mineral extraction or used in or to be used in mineralmilling. This includes the authority to regulate the construction of suchfacilities, structures and other property. Further, Section 3(h)(1) directsthe Secretary Of Labor, in making a determination of what constitutes mineralmilling, to give due consideration to the convenience of administrationresulting from the delegation to one Assistant Secretary of all authoritywith respect to the health and safety of miners employed at one physicalestablishment.

3. Appendix A provides more detailed descriptions of the kinds of operationsincluded in mining and milling and the kinds of ancillary operations overwhich OSHA has authority. Notwithstanding the clarification of authorityprovided by Appendix A, there will remain areas-of uncertainty regarding theapplication of the Mine Act, especially in operations near the termination ofthe milling cycle and the beginning of the manufacturing cycle.

4. Under section 3(h)(1), the scope of the term milling may be expanded toapply to mineral product manufacturing processes where these processes arerelated, technologically or geographically, to milling. Or, the term millingmay be narrowed to exclude from the scope of the term processes listed inAppendix A where such processes are unrelated, technologically, orgeographically, to mineral milling. Determinations shall be-made byagreements between MSHA and OSHA.

5. The following factors, among others, shall be considered in makingdeterminations of what constitutes mineral milling under section 3(h)(1) andwhether a physical establishment is subject to either authority by MSHA orOSHA: the processes conducted at the facility, the relation of all processesat the facility to each other, the number of individuals employed in eachprocess, and the expertise and enforcement capability of each agency withrespect to the safety and health hazards associated with all the processesconducted at the facility. The consideration of these factors will reflectCongress intention that doubts be resolved in favor of inclusion of afacility within the coverage of the Mine Act.

6. Pursuant to the authority in section 3(h)(1) to determine whatconstitutes mineral milling considering convenience of administration, thefollowing jurisdictional determinations are made:

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

a. MSHA jurisdiction includes salt processing facilities on mine property;electrolytic plants where the plants are an integral part of millingoperations; stone cutting and stone saving operations on mine property wheresuch operations do not occur in a stone polishing or finishing plant: andalumina and cement plants.

b. OSHA jurisdiction includes the following, whether or not located on mineproperty: brick, clay pipe and refractory plants; ceramic plants; fertilizerproduct operations; concrete batch, asphalt batch, and hot mix plants;smelters and refineries. OSHA jurisdiction also includes salt and cementdistribution terminals not located on mine property, and milling operationsassociated with gypsum board plants not located on mine property.

7. "Borrow Pits" are subject to OSHA jurisdiction except those borrow pitslocated on mine property or related to mining. (For example, a borrow pitused to build a road or construct a surface facility on mine property issubject to OSHA jurisdiction). Borrow pits means an area of land where theoverburden, consisting of unconsolidated rock, glacial debris, or other earthmaterial over lying bedrock is extracted from the surface. Extraction occurson a one-time only basis or only intermittently as need occurs, for use asfill materials by the extracting party in the form in which it is extracted. No milling is involved, except for the use of a scalping screen to removelarge rocks, wood and trash. The material is used by the extracting partymore for its bulk than its intrinsic qualities on land which is relativelynear the borrow pit.

8. When any question of jurisdiction between MSHA and OSHA arises, theappropriate MSHA District Manager and OSHA Regional Administrator or OSHAState Designee in those States with approved plans shall attempt to resolveit at the local level in accordance with this Memorandum and existing law andpolicy. Jurisdictional questions that can not be decided at the local levelshall be promptly transmitted to the respective national offices which willattempt to resolve the matter. If unresolved, the matter shall be referredto the Secretary of Labor for decision.

C. ENFORCEMENT PROCEDURES

In the interest of administrative convenience and the efficient use ofresources the agencies agree to the following enforcement procedures:

1. When OSHA receives information concerning unsafe or unhealthful workingconditions in an area for which MSHA has authority for employee safety andhealth, OSHA will forward that information to MSHA.

2. When MSHA receives information regarding a possible unsafe orunhealthful condition in an area for which MSHA has authority and determinesthat such a condition exists but that none of the Mine Act's provisions withrespect to imminent danger authority or any enforceable standards issuedthereunder provide an appropriate remedy, then MSHA will refer the matter toOSHA for appropriate action under the authority of the OSH Act.

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

3. When MSHA receives information regarding unsafe or unhealthful workingconditions in an area for which OSHA has authority for employee safety andhealth, MSHA will forward that information to OSHA for appropriate action.

4. Each agency agrees to notify the other of the disposition of enforcementmatters forwarded to it for appropriate action.

5. OSHA will not conduct general inspections of mine or mill sites exceptwith respect to those areas set forth in this agreement and its Appendix A.

D. INTERAGENCY COORDINATION

1. The Office of Legislative and Interagency Affairs in OSHA and the Officeof the Assistant Secretary in MSHA shall serve as liaison points tofacilitate communication and cooperation between the participatingorganizations

2. MSHA and OSHA will endeavor to develop compatible safety and healthstandards, regulations, and policies with respect to the mutual goals of thetwo organizations including joint rulemaking, where appropriate. Thisinteragency coordination may also include cooperative training, shared use offacilities, and technical assistance.

E. SUBAGREEMENTS

Subagreements to accomplish the purposes set by this agreement May bedeveloped and modified, as deemed necessary, by OSHA and MSHA. Suchsubagreements will include specific provisions for detailing thecoordinations between the agencies.

F. PERIOD OF AGREEMENT

This Interagency Agreement shall continue in effect unless modified orterminated by mutual consent of both parties or terminated by either partyupon thirty (30) days advance written notice to the other and approved by theSecretary in either case.

This agreement will become effective on the date of the last signature andit supersedes the Memorandum of Under standing between OSHA and MSHA datedApril 22, 1974.

Mine Safety and Health Administration

Dated:

March 29,1979 By______________________________________

Assistant Secretary of Labor for Mine Safety andHealth

Occupational Safety and HealthAdministration

Dated:

March 29, 1979 By_____________________________________

Assistant Secretary of Labor for Occupational Safetyand Health

Dated: March 29, 1979 Ray Marshall Secretary of Labor

OSHA Instruction CPL 2.42 Ch-1 September 16, 1980 Office Of ComplianceProgramming

APPENDIX A

"Coal or other mine" is defined in the Mine Act as:

"(A) an area of land from which minerals are extracted in nonliquid form or,if in liquid form, are extracted with workers underground, (B) private waysand roads appurtenant to such area, and (6) lands, excavations, Undergroundpassageways, shafts, slopes, tunnels and workings, structures, facilities,equipment, machines, tools, or other property including impoundments,retention dams, and tailings ponds, on the surface or underground, used in,or to be used in, or resulting from, the work of extracting such mineralsfrom their natural deposits in nonliquid form, or if in liquid form withworkers underground, or used in, or to be used in, the milling of suchminerals, or the work of preparing coal or other minerals, and includescustom coal preparation facilities."

"Miner" is defined in the Mine Act as:

"Any individual working in a coal or other mine."

"Operator: is defined in the Mine Act as:

"Any owner, lessee, or other person who operates, controls, or supervises acoal or other mine or any independent contractor performing services orconstruction at such mine."

"Mining and Milling":

Mining has been defined as the science, technique, and business of mineraldiscovery and exploitation. It entails such work as directed to theseverence of minerals from the natural deposits by methods of undergroundexcavations, opencast work, quarrying, hydraulicking and alluvial dredging. Minerals so excavated usually require upgrading processes to effect aseparation of the valuable minerals from the gangue constituents of thematerial mined. This latter process is usually termed "milling" and is madeup of numerous procedures which are accomplished with and through many typesof equipment and techniques.

Milling is the art of treating the crude crust of the earth to producetherefrom the primary consumer derivatives. The essential operation in allsuch processes is separation of one or more valuable desired constituents ofthe crude from the undesired contaminants with which it is associated.

A CRUDE is any mixture of minerals in the form in which it occurs in theearth's crust. An ORE is a solid crude containing valuable constituents insuch amounts as to constitute a promise of possible profit in extraction,treatment, and sale. The valuable constituents of an ore are ordinarilycalled valuable minerals, or often just minerals; the associated worthlessmaterial is called gangue.

In some ores the mineral is in the chemical state in which it is desired byprimary consumers, e.g., graphite, sul-

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

phur, asbestos, talc, garnet. In fact, this is true of the majority ofnonmetallic minerals. In metallic ores, however, the valuable minerals intheir natural state are rarely the product desired by the consumer, andchemical treatment of such minerals is a necessary step in the process ofbeneficiation. The end products are usually the result of concentration bythe methods of ore dressing (milling) followed by further concentrationthrough metallurgical processes. The valuable produce of the oredressingtreatment is called concentrate; the discarded waste is Tailing."

Mining-MSHA

Following is a list indicating mining operations and minerals for which MSHAhas authority to regulate.

Mining Operations Underground mining Open pit mining Quarrying

_____________________________

"Preface,p.v, Handbook of Mineral Dressing,

Authur P. Taggart, Second Printing, March 1947, John Wiley and Sons,Inc.

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

Solution mining (Precipitate & Leaching) Dredging (When the primary purposeof the dredging operation is to recover metal or nonmetallic minerals formilling and/or sale or use.) Hydraulicking Ponds brine evaporation AugerMining

Minerals:

Coal

Metals: Nonmetals

(Included but not limited to) (Included but not limited to)

Alumina Abrasives Antimony Aplite Bauxite Asbestos Beryl Barite Bismuth Baron Chrome Bromine Cobalt Calcium Copper Clay Gold Mica Iron Mineral Pigments Lead Oil Shale Manganese Peat Mercury Perlite Molybdenum Potash Nickel Pumice Rare Earths Potash Rock Silver Diatomite Titanium Feldspar Tungsten FluorsparUranium Gilsonite Vanadium Graphite Zinc Gypsum Zirconium Kyanite Magnesite Salt Shale Sodium Compounds Sulfur Talc, Soapstone, andPyrophyllite Vermiculite Wollastonite

Subgroups of Nonmetals

(Sand and Gravel, and Crushed and Dimension Stone Industries)

Sand Marble Gravel Native AsphaltCement (impregnated stone & sand) Gabbro Quartizite Gneiss Schist Lime Slate Limestone Taprock or Diabase

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

Milling - MSHA Authority

Following is a list with general definitions of milling Processes for whichMSHA has authority to regulate subject to Paragraph B.6. of the Agreement. Milling consists of one or more of the following processes: Crushing,grinding, pulverizing, sizing, concentrating, washing, drying, roasting,pelletizing, sintering, evaporating, calcining, kiln treatment, sawing andcutting stone, heat expansion, retorting (mercury), leaching, andbriquetting.

Crushing

Crushing is the process used to reduce the size of mined materials intosmaller, relatively coarse particles. Crushing may be done in one or morestages, usually preparatory for the sequential stage of grinding, whenconcentration of ore is involved.

Grinding

Grinding is the process of reducing the size of a mined produce intorelatively fine particles.

Pulverizing

Pulverizing is the process whereby mined products are reduced to fineparticles, such as to dust or powder size.

Sizing

Sizing is the process of separating particles of mixed sizes into groups ofparticles of all the same size, or into groups in which particles rangebetween maximum and minimum sizes.

Concentrating

Concentrating is the process of separating and accumulating economicminerals from gangue, or the upgrading of ore or minerals.

Washing

Washing is the process of cleaning mineral products by the buoyant action offlowing water.

Drying

Drying is the process of removing uncombined water from mineral products,ores, or concentrates, for example, by the application of heat, inair-actuated vacuum type filters, or by pressure type equipment

OSHA Instruction CPL 2.42 CH-1 September 16, 1980 Office of ComplianceProgramming

Roasting

Roasting is the process of applying heat to mineral products to change theirphysical or chemical qualities for the purpose of improving their amenabilityto other milling processes.

Pelletizing

Pelletizing is the process in which finely divided material is rolled in adrum, cone, or on an inclined disk so that the particles cling together androll up into small spherical pellets. This process is applicable to millingonly when accomplished in relation to, and as an integral part of, othermilling processes.

Sintering

Sintering is the process of agglomerating small particles to form largerparticles, cakes or masses, usually by bringing together constituents throughthe application of heat at temperatures below the melting point.

This process is applicable to milling only when accomplished in relation to,and as an integral part of, other milling processes.

Evaporating

Evaporating is the process of upgrading or concentrating soluble salts fromnaturally occurring, or other brines, by causing uncombined water to beremoved by application of solar or other heat.

Calcining

Calcining is the process of applying heat to mineral materials to upgradethem by driving off volatile chemically combined components and effectingphysical changes.

This process is applicable to milling only when accomplished in relation to,and as an integral part of, other milling processes.

Kiln Treatment

Kiln treatment is the process of roasting, calcining, drying, evaporating,and otherwise upgrading mineral products through the application of heat.

This process is applicable to milling only when accomplished in relation to,and as an integral part of other milling processes.

Sawing and Cutting Stone

Sawing and cutting stone is the process of reducing quarried stone tosmaller sizes at the quarry site when the sawing and cutting is notassociated with polishing or finishing.

OSHA Instruction CPL 2.42 CH-1 September 16 1980 Office of ComplianceProgramming

Heat Expansion

Heat expansion is a process for upgrading material by sudden heating of thesubstance in a rotary kiln or sinter hearth to cause the material to bloat orexpand to produce a lighter material per unit of volume.

Retorting

Retorting is a process usually performed at certain mine sites, and isaccomplished by heating the crushed material in a closed retort to volatilizethe metal, material or hydrocarbon which is then condensed and recovered asupgraded metal, material or hydrocarbon.

Leaching

Leaching is the process by which a soluble metallic compound is removed froma mineral by selectively dissolving. It in a suitable solvent, such asWater, sulfuric acid, hydrochloric acid, cyanide, or other solvent, to flakethe compound amenable to further milling processes.

Briquetting

Briquetting is a process by which iron ore, or other pulverized mineralcommodities, are bound together into briquettes, under pressure, with orwithout a binding agent, and thus made conveniently available for furtherprocessing.

Subject to Paragraph B.5. of the Agreement, the following are types ofoperations which may be on or contiguous to mining and/or milling operationslisted above, over which MSHA does not have authority to prescribe andenforce employee safety and health standards, and over which OSHA has fullauthority, under the Act, to prescribe and enforce safety and healthstandards regarding working conditions of employees.

OSHA regulatory authority commences as indicated in the following types ofOperations:

Gypsum Board Plant

If the plant is located on mine property, commences at the point whenmilling, as defined, is completed, and the gypsum and other materials arecombined to enter the sequential processes necessary to produce gypsum board.If not located on mine property, OSHA has authority over entire plant.

Brick, Clays and Refractory Plants

Commences after arrival of rag materials at the plant stockpile

OSHA Instruction CPL 2.42 CH-1 September 16 1980 Office of ComplianceProgramming

Ceramic plant

Commences after arrival of the clay and other additives at the plantstockpile.

Fertilizer Products

Commences at the point when milling, as defined, is completed, and two ormore raw materials are combined to produce another product. Note that a"Kiln", as it relates to these products for roasting and drying, isconsidered to be within the scope of the milling definition.

Asphalt-Mixing Plant

Commences after arrival of sand and gravel or aggregate at the plantstockpile

Concrete Ready-Mix or Batch Plants

Commences after arrival of sand and gravel or aggregate at the plantstockpile.

Custom Stone Finishing

Commences at the point when milling, as defined, is completed, and the stoneis polished, engraved, or otherwise processed to obtain a finished productand includes saving and cutting when associated with polishing and finishing.

Smelting

Commences at the point where milling, as defined, is completed, and metallicores or concentrates are blended with other materials and are thermallyprocessed to produce metal.

Electrowinning

Commences at the point where milling, as defined, is completed, and metalsare recovered by means of electrochemical processes.

Salt and cement distribution terminals not located on mine property

Refining

Commences at the point where milling, as defined, is completed, and materialenters the sequential processes to produce a product of higher purity.

OSHA Instruction CPL 2.42 CH-1 SEPTEMBER 16 1980 Office of ComplianceProgramming

Subject: Interagency Agreement Between the Mine Safety and HealthAdministration and the Occupational Safety and Health Administration, U. S.Department of Labor

A. Purpose. This instruction transmits Appendix A which was inadvertentlyomitted from OSHA Instruction CPL 2.42, March 14, 1980.

B. Scope. This instruction applies OSHA-wide.

C. Action. Regional Administrators and Area Directors shall assure thataffected staff insert Appendix A with OSHA Instruction CPL 2.42 in the OSHADirectives System binder. File this page behind the instruction as record ofthe change.

Bruce Hillenbrand Acting Director, Federal Compliance and State Programs

DISTRIBUTION: National, Regional and Area Offices State Designees NIOSHRegional Program Directors