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

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