On March 18, 2026, the U.S. Department of Labor’s Occupational Safety and Health Administration announced the launch of a new OSHA initiative called CARE, which stands for Customer Assistance, Resources & Engagements.
Donna Pryor
A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.
Donna has extensive experience in the production of precious metals, aggregates, cement, industrial minerals, coal, salt, potash, phosphate, granite, limestone, and oil and gas. She combines her legal skills and government knowledge with her litigation prowess for clients facing complex problems.
MSHA Delays the Enforcement of the 2024 Silica Rule for M/NM Mines Indefinitely
MSHA has published a notice in the Federal Register stating that the effective date of the 2024 Silica Rule is indefinitely delayed for metal and nonmetal mines. Metal and nonmetal mines should continue to follow the existing standards in Part 56 and Part 57.
The notification provides:
In accordance with the court order, MSHA will…
Reminder: Deadline for Submission of OSHA Injury and Illness Data is Today
Establishments that meet certain size and industry criteria are required to electronically submit specific injury and illness data to OSHA once per year, between January 2 and March 2. This data can be submitted through the Injury Tracking Application (ITA). Many employers with more than 10 employees are required to keep records of work-related…
10th Circuit Backs OSHA on Hospital Workplace Violence Citation
In a February 13, 2026 decision, Cedar Springs Hospital v. Occupational Safety and Health Review Commission (OSHRC), No. 24-9519 (10th Cir. 2026), the Tenth Circuit U.S. Court of Appeals reaffirmed the Occupational Health and Safety Administration’s (OSHA) authority to cite healthcare employers for workplace violence under the OSHA’s General Duty Clause. The court upheld OSHA citations issued to a Colorado psychiatric hospital, as well as related penalties against the hospital’s management company based on common ownership. The court rejected three main arguments posited by the hospital.
Mark Savit and Donna Pryor Announce Dates for Next Alternative Case Resolution Workshop
The average mining operator now spends over $20,000 per year on citations and penalties. In this must-attend cost-savings workshop, held from September 15 to 17, 2026, you’ll learn how to reduce or eliminate fines—and improve safety conditions. In an era of increasing citations, this workshop will prepare you for Mine Safety and Health Administration (MSHA) inspections so you can avoid penalties.
MSHA Announces Shift Towards Online Filing of Form 7000-2
On January 8, 2026, the Mine Safety and Health Administration (MSHA) issued a communication encouraging electronic filing of the Quarterly Mine Employment and Coal Production Report (MSHA Form 7000-2). This transition to online submissions is part of MSHA’s broader effort to improve the efficiency of the reporting process.
MSHA Announces Plan to Revise Silica Rule
The Mine Safety and Health Administration (MSHA) announced in a November 26, 2025, status report to the U.S. Court of Appeals, Eighth Circuit (where the rule is currently being litigated), its plans to “engage in limited rulemaking to reconsider and seek comments on portions of the Silica Rule.” The Eighth Circuit required MSHA to provide an update on its rulemaking efforts by February 2, 2026.
New Leaders of OSHA and MSHA Confirmed by Senate
How are OSHA and MSHA Affected During the Shutdown?
Per a U.S. Department of Labor memo entitled “Plan for the Continuation of Limited Activities During a Lapse in Appropriations,” many employees of OSHA and MSHA are currently furloughed.
At the Mine Safety and Health Administration (MSHA), of the agency’s 1,590 employees, only 879 will not be furloughed. Of those 879 employees, 674…
Federal Mine Safety and Health Commission Redefines S&S Standard, Making S&S Designations More Likely to Be Upheld
On September 19, 2025, the Federal Mine Safety and Health Review Commission issued a decision, Secretary of Labor v. Consol Pennsylvania Coal Company, that re-defined the interpretation of the “significant and substantial” (S&S) standard of Section 104(d) of the Federal Mine Safety and Health Act. The standard has undergone shifting interpretations over the decades. The Secretary did not request a review of the S&S test on appeal. However, the Commission’s decision revised the test to require only (1) a hazard to which the violation could contribute, and (2) that the violation significantly and substantially contributes to that hazard – making it substantially easier for the Secretary of Labor (and MSHA inspectors) to support and uphold S&S allegations.
