MSHA Announces Temporary Stay of Silica Rule Compliance Deadline for Coal Mining

By Nicholas W. Scala

In a significant turn of events for the coal mining sector, the Mine Safety and Health Administration (MSHA) has announced a temporary enforcement pause on its stringent respirable crystalline silica regulation. This announcement follows a year of escalating anxiety in the industry since the final rule, officially titled “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection,” became effective on June 17, 2024.

 

Initially, coal operators faced an April 14, 2025, compliance deadline, significantly shorter than the two-year grace period granted to the Metal/Nonmetal (M/NM) industry, which has until April 8, 2026. However, as legal challenges from multiple industry associations loom over the rule, and the agency goes through a transition to the new administration, the landscape for compliance became fraught with uncertainty and lack of guidance. The challenges against the rule—currently consolidated in the 8th Circuit Court of Appeals—raise questions among stakeholders about whether the Court will uphold, vacate, or remand the final rule back to MSHA for revision and what impact that decision will have on compliance obligations.

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

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