MSHA

by Julia Banegas

How would the Trump administration’s government reorganization plan affect highly technical workplace safety programs, such as OSHA and MSHA? Part of the plan, announced June 21, 2018, proposes merging the Department of Labor (where OSHA and MSHA sit) and the Department Education into a new agency named the “Department of Education and the Workforce.”

As the mining industry continues to wait for any new direction at MSHA to reveal itself, last week, MSHA published a request for information (RFI) in the Federal Register that could be the beginning of a new rulemaking on powered haulage equipment. The RFI covers aspects of both surface and underground mines, as well as both coal and metal/non-metal.

As its new workplace exam rule took effect this month, MSHA has been posting sample workplace exam forms that mine operators may wish to use. While MSHA does not explicitly say that the forms are “official” or “approved,” the implication is that MSHA would accept these forms as complying with the new rule.

15 months after it first published a rule dramatically changing how workplace examinations will be done on every shift at every metal/non-metal mine, MSHA today published a final amended version of that rule. Despite a litigation challenge and widespread concerns raised by stakeholders, the final rule maintains many of the same provisions as originally introduced. The new rule takes effect June 2, 2018.