MSHA

MSHA’s Final Rule for Respirable Crystalline Silica: What is Required and How Long Do Operators Have to Comply?

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By Nick Scala and Hema Steele

On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024. While an update to MSHA’s silica regulations has been in the works for most of the 21st century, getting from this proposed rule to the final form moved very quickly from a rulemaking perspective. With the rule, MSHA seeks to protect mine workers from occupational exposure to RCS, including quartz, cristobalite, and/or tridymite.

The rule imposes stringent new requirements on operators, including a reduced Permissible Exposure Limit of 50 µg/m³, mandatory sampling, regular written evaluations of operations (even when there are no changes to the process, equipment, or mined mineral), the adoption of respiratory protection programs, and medical surveillance programs for Metal/Nonmetal mines.

The rule will become effective on June 17, 2024. MSHA had originally proposed that mine operators begin compliance 120 days after the rule’s effective date, but to balance miners’ safety and health with mine operators’ preparations in implementing the new requirements, MSHA has set the following new deadlines by which mine operators must comply:

    • Coal mine operators: April 14, 2025
    • Metal/Nonmetal operators: April 8, 2026

The extended compliance period will allow operators to learn the new regulation’s subparts, evaluate its application to their mine(s), develop the necessary programs, and acquire sampling materials or coordinate with third parties to conduct sampling. The roughly two-year compliance period for MNM matches the General Industry compliance grace period from when OSHA finalized its updated silica regulation in 2016. MSHA granted more time to MNM mine operators citing that MNM mines do not have the same robust existing sampling requirements as have been in place in the Coal industry for years, and additional time would be needed or the MNM operations to develop and implement compliant programs, while also giving sampling and medical surveillance infrastructure time to expand for the new demands. .

Here are some key takeaways from the proposed rule: Continue reading →

Announcing Conn Maciel Carey LLP’s 2023 MSHA Webinar Series!

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Entering MSHA’s third year under the Biden Administration, the mining industry should expect to see a more active and emboldened agency. The past year saw the completion of MSHA political leadership, and a renewed focus on rulemaking and enforcement. In the year to come, operators can expect to see at least two rules from the agency, specifically regarding MSHA’s long-awaited proposed rule on respirable crystalline silica – or respirable quartz as MSHA sometimes refers – and the final form or the Surface Mobile Equipment rule. In conjunction with the anticipated silica rule, MSHA continues to engage in increasingly aggressive enforcement regarding industrial hygiene at the nation’s mines. The coming year will be active from both an enforcement and rulemaking perspective, meaning it is as important as ever for operators to stay attuned to developments at MSHA.

Conn Maciel Carey’s complimentary 2023 MSHA Webinar Series includes free programs put on by the MSHA-focused attorneys in the firm’s national MSHA Practice Group and is designed to give employers insight into the changes and developments at MSHA during this active period for the agency.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2023 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us.

 

MSHA’s 2022 in Review and 2023 Forecast
Tuesday, February 21st

 

Mid-Year Update and FMSHRC Significant Cases
Wednesday, July 19th

 

The Mine Act and MSHA Inspection Powers
Thursday, March 23rd

 

Managing MSHA Complaint & 105(c) Investigations
Tuesday, September 12th

 

Preparing for Serious Accident and Fatality Investigations
Tuesday, April 18th

 

Safety-Related Incident Investigations and Audit Reports
Thursday, October 5th

 

Where Does MSHA’s Authority Begin and OSHA’s End?
Tuesday, May 16th

 

Best Practices at Multi-Operator MSHA Sites
Wednesday November 15th 

See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

Continue reading →

Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History

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On Wednesday, October 27, 2021 at 1 p.m. ET, join Nick Scala for a webinar regarding Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History.

MSHA citations and orders can vary significantly in severity, penalty, and how they might impact your company, whether mine operators or independent contractors, moving forward. Contesting MSHA citations is a right that all operators have post issuance, whether that is done informally through MSHA’s 10-day conference program, or formally through the Federal Mine Safety and Health Commission. This presentation will discuss the different avenues for contesting MSHA citations/orders, what aspects of the citations to look at when deciding whether to contest or not, and strategies for best protecting your company’s MSHA enforcement history.

Participants in this webinar will learn the following: Continue reading →

[Webinar] MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator

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On Tuesday, September 14, 2021 at 1 p.m. ET, join Nick Scala for a webinar regarding MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator.

CaptureThe line of demarcation between MSHA and OSHA jurisdiction is clear-cut and it is easy to determine which regulator has authority over your operations, right? While that is sometimes the case, where the MSHA/OSHA Interagency Agreement specifically outlines which agency has authority of which operation, there are most definitely gray areas. Whether looking at where the mining process ends and manufacturing beings, or what is the exact definition of mineral milling and how is it applied, there are frequently questions and concerns regarding MSHA/OSHA jurisdiction. However, frequently employers just accept the status quo or agency determination without question. This presentation will help employers ask the right questions regarding MSHA/OSHA jurisdiction at their facilities and determine whether or not challenging the agency in control is merited and worthwhile.

Participants in this webinar will learn the following:

Continue reading →

[Webinar] Mid-Year MSHA Update and FMSHRC Significant Decision Review

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On Thursday, August 19, 2021 at 1 p.m. ET, join Nicholas W. Scala for a webinar regarding a Mid-Year MSHA Update and FMSHRC Significant Decision Review.

The first year in an administration is full of change and depending on the speed with which an MSHA Assistant Secretary is confirmed, by mid-year the agency can begin to take shape for the coming years. Therefore, maybe even more so than other years, it is imperative that we keep tabs on MSHA, and its evolving staff and priorities. This webinar will take a look at what has transpired at MSHA in 2021, including enforcement, new initiatives, and/or rulemaking. Additionally, it will review significant case decisions that have come down from the Federal Mine Safety and Health Review Commission (FMSHRC) and its Administrative Law Judges (ALJs) that will impact the mining industry.

Participants in this webinar will learn the following: Continue reading →

[Webinar] MSHA Special Investigation Management: Handling §105(c) and §110 Investigations

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On Wednesday, May 26th at 1:00 P.M. EST, join Nicholas W. Scala for a webinar regarding MSHA Special Investigation Management: Handling §105(c) and §110 Investigations.

CaptureIn any given year MSHA inspections are common and required. Depending on the operation, MSHA will be on-site at least two times per year for a surface mine, and at least 4 times per year at an underground operation. But what happens when MSHA’s presence on site is more targeted, whether to investigate complaints of discrimination or interference with a miner’s rights under the Mine Act, or to look into the alleged personal culpability of a member of mine management? In these circumstances, the individual managers who typically act as the operator’s representative can be caught off guard and even be the target of the investigations This presentation will explore the framework of these investigation, and strategies for managing the investigation while also protecting the rights and defenses of individuals and the company.

Participants in this webinar will learn the following: Continue reading →

[Webinar] COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators

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On Thursday, March 18th at 1:00 p.m. ET, join Nicholas W. Scala for a webinar regarding COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators.

CaptureCOVID-19 is, has been, and will continue to be part of every workplace in the nation for the foreseeable future. To this point during the pandemic, MSHA has largely taken a back seat in providing guidance to the nation’s mine operators regarding COVID or attempting to enforce new or existing regulations with respect to COVID-19 in mine. The onus was passed onto mine operators to establish and implement best practices for the workforce. Now, as we enter the Biden Administration, mine operators will still shoulder the responsibility for ensuring workplace safety considerations are put into effect for COVID-19, but also, it is likely that MSHA may take a more active roll. This webinar will review lessons learned and best practices for mine operators regarding COVID-19 in the workplace, while also looking to any new or existing regulatory compliance obligation facing mine operators.

Participants in this webinar will learn the following: Continue reading →

Announcing Conn Maciel Carey’s 2021 MSHA Webinar Series

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2021 MSHA Webinar Series

Announcing Conn Maciel Carey’s
2021 MSHA Webinar Series

With the Trump Administration’s time in office behind us, mine operators must prepare for a changing MSHA regulatory landscape under the Biden Administration. While MSHA continued its mission under Assistant Secretary Zatezalo the past few years, and some significant changes to the MSHA were put into effect – like the “blurring” of the Metal/Nonmetal and Coal divisions – there are a number of outstanding items that we now expect to move forward at the direction of the Biden team. While it is yet to be seen who will head MSHA for President Biden’s term, the anticipated leaders of the Department of Labor and OSHA have strong ties to labor organizations, which historically results in more stringent regulation and greater enforcement for employers. These impacts may be even more acutely felt by the industry when MSHA eventually publishes its rulemaking efforts on topics such as Crystalline Silica (Quartz) and Powered-Haulage Safety, which were expected before the Trump team left office. With the winds of change moving through Washington D.C., it is now as important as ever to keep tabs on MSHA developments and prepare for inspections.

Conn Maciel Carey’s complimentary 2021 MSHA Webinar Series includes free programs put on by attorneys in the firm’s national MSHA Practice Group, and is designed to give you insight into the changes and developments at MSHA during this period of flux and unpredictability. 

To register for an individual webinar, click the registration link in the program descriptions below. To register for the entire 2021 series, click here to send an email request, and we will get you registered. If you miss any of the programs this year or those hosted during prior years, here is a link to our webinar archive.

MSHA’s 2020 in Review and 2021 Forecast

Wednesday, February 24th

MSHA Update and FMSHRC Decision Review

Thursday, August 19th

COVID-19 & MSHA: Best Practices and Compliance Strategies

Thursday, March 18th

MSHA/OSHA Jurisdiction:
When, How and Why to Challenge

Tuesday, September 14th

MSHA Special Investigation Management: Handling 110 and 105(c) Investigations

Wednesday, May 26th

Contesting MSHA Citations and Orders: Tips and Strategies when Challenging

Wednesday, October 27th

What to Expect from DOL Under a Biden Admin.

Wednesday, June 16th

Recap of Year One of the Biden Administration

Tuesday, December 14th

SEE BELOW FOR DESCRIPTIONS OF THE WEBINARS AND REGISTRATION LINKS Continue reading →