This week the Senate confirmed the new leaders of OSHA and MSHA. David Keeling is the new Assistant Secretary of OSHA and Wayne Palmer is the new Assistant Secretary for MSHA.
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.
Only 5 Spots Left! Join us in Denver for our Understanding MSHA Litigation Workshop
The average mining operator now spends over $20,000 per year on citations and penalties. In this must-attend cost-savings workshop, learn how to reduce or eliminate fines—with the added benefit of improved safety conditions. In an era of increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and challenge citations.
Register here to meet September 3–5, 2025, from 8:30 a.m. – 5:00 p.m. Mountain Time at Husch Blackwell’s Denver office at 1801 Wewatta Street, Suite 1000.
Trump Administration Nominates New Assistant Secretaries for OSHA and MSHA
Over the last week, the Trump administration has put forward its nominees for Assistant Secretary for both the Occupational Health and Safety Administration (OSHA) and the Mine Health and Safety Administration (MSHA).
MSHA/OSHA Civil Penalty Amounts Increase for 2025
On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%. The chart below applies to any penalties assessed after January 15, 2025, including penalties whose associated violations occurred before that date.
Please contact a Husch Blackwell Safety and health attorney with
MSHA Announces Stakeholder Meetings Regarding New Silica Rule
MSHA announced it will hold a series of stakeholder meetings across the country to share information about the final silica rule issued on April 18, 2024. The first two meetings are scheduled for Arlington, VA on July 10, 2024, and Beckley, WV on July 17, 2024, and will be both an in-person and an online
MSHA’s Final Silica Redraws the Landscape for Silica Compliance
The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable crystalline silica rule to the public. Although President Biden was campaigning in Scranton, PA, he did not make an appearance at the event.
MSHA Posts Template for Compliance with Surface Mobile Equipment Rule
MSHA has posted a template for compliance assistance with the Surface Mobile Equipment Rule. MSHA will begin to enforce the standard on July 17, 2024. The standard does not require operators to submit their plan to the agency, but the plans will be reviewed during inspections. As a reminder, your surface mobile equipment safety programs
Announcing Fall MSHA Workshop in Denver: Understanding MSHA Litigation
The average mining operator now spends over $20,000 per year on citations and penalties. In this must-attend cost-savings workshop, learn how to reduce or eliminate fines—with the added benefit of improved safety conditions. In an era of increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and challenge citations.