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Temporary Enforcement Pause: Silica Rule
Issued: April 8, 2025
In an exercise of its enforcement discretion, the Mine Safety and Health Administration (MSHA), within the U.S. Department of Labor, announces a temporary enforcement pause of its final rule titled, “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection,” 89 Fed. Reg. 28,218 (Apr. 18, 2024) (“Silica Rule”). MSHA will temporarily pause enforcement of the requirements in 30 C.F.R. part 60 for coal mine operators until August 18, 2025, four months from the original compliance date of April 14, 2025.
Background:
The Silica Rule requires mine operators to update their respiratory protection programs and may result in operators obtaining additional respirators and sampling devices. MSHA understands that recent National Institute for Occupational Safety and Health (NIOSH) restructuring may impact the Pittsburgh Mining Research Division, the National Personal Protective Technology Laboratory, and the supply of approved and certified respirators and personal dust monitors. Given the unforeseen NIOSH restructuring, and other technical reasons, MSHA offers this four-month temporary pause to provide time for operators to secure necessary equipment and otherwise come into compliance. This pause will also provide MSHA time to assist mining industry compliance, e.g., help accredited laboratories gain proficiency in MSHA analytical methods.
Application:
For these technical reasons, MSHA will pause enforcement for coal mine operators, until August 18, 2025. MSHA will continue its regular enforcement activities on existing standards for respirable coal mine dust. This pause does not affect the compliance date of April 8, 2026, for metal and nonmetal mines.
Disclaimer:
This notice statement does not create or remove any rights or duties and does not affect any other aspect of MSHA or DOL regulations. This notice statement is not a final agency action, has no legally binding effect on persons or entities outside the federal government, and may be rescinded or modified in the Department’s complete discretion. Accordingly, it is not intended to, does not, and may not be relied upon to, create any rights, substantive or procedural, enforceable at law by any party in any matter.
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Original article published by MSHA