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Dry drilling jurisdiction between MSHA and OSHA

Summary A congressman asked about hazards from dry drilling. OSHA said drilling directly related to mining ordinarily fell under the Mine Safety and Health Administration, while oil, gas, and water well drilling ordinarily fell under OSHA. It said a safety standard was under development. OSHA now archives the letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1990-06-13-1
Date issued
June 13, 1990
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy.
Status last verified October 9, 2026

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The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 13, 1990

The Honorable Ron Marlenee
Member, United States
House of Representatives
[Recipient address omitted]
Dear Congressman Marlenee:

Thank you for your letter of May 2, addressed to Francis Duggan, former Assistant Secretary for Congressional and Intergovernmental Affairs, on behalf of your constituent, Mr. Stephen M. Peters. Mr. Peters is concerned about the hazards and regulations related to dry drilling operations.

Drilling operations directly related to mining procedures would normally fall under the jurisdiction of the Mine Safety and Health Administration (MSHA). Drilling operations related to oil, gas, and water wells normally fall under the jurisdiction of the Occupational Safety and Health Administration (OSHA). OSHA's Directorate of Safety Standards Programs has initiated action to develop a standard in these areas. As OSHA progresses toward the completion of this standard, the Agency will consider requirements for safety in dry drilling and for the use of water in drilling operations. Any additional information concerning hazards related to dry drilling operations would be helpful.

For your information, we have enclosed a copy of the Interagency Agreement between the MSHA and OSHA. This agreement is used as a guide in defining jurisdictional areas between the two agencies, and has been in place since 1979.

If we can be of further assistance, please do not hesitate to contact us.

Sincerely,
Gerard F. Scanell
Assistant Secretary

Enclosure

cc: Washington, D.C. Office

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