MSHA

The most recent Environmental Protection Agency (“EPA”) Regulatory Agenda shows a further delay for the agency to finally promulgate long-awaited changes to its Chemical Accident Prevention Program, also known as the Risk Management Program (“RMP”).  After Obama made major changes, the Trump EPA delayed them and now seeks to reverse them. Want to understand this complicated saga and learn what to expect? Read on.

The nation’s largest drug testing laboratory, Quest Diagnostics, recently released its latest data on the the number of workers and job applicants who tested positive for drugs in the U.S. workforce. According to the data, marijuana use in the workforce climbed 10% last year to 2.3% according to an analysis of 10 million urine, saliva

MSHA may have its eyes on respirable dust. A focus on coal dust in recent years may be shifting to include silica. What started as a concern primarily in coal mines may soon lead to stricter rules and enforcement that affect both coal and metal/non-metal operators.

With congressional, media, and MSHA pressure to focus on black lung disease, mine operators should expect stringent enforcement of coal dust standards and potentially new regulation, as well. In the latest edition of Coal Age magazine, I take a look at the latest developments and offer some thoughts on how MSHA may respond.

As I write in the current issue of Rock Products magazine, mining is an industry approaching zero, with record low fatality rates. But, enforcement doesn’t always follow risk. Mines account for only 0.5% of U.S. workplace fatalities but have 40% of federal safety dollars. Even within mining, mines with fantastic safety records are just as likely to get intensive MSHA inspections as those with severe problems. Is there a better way?

When Secretary of Labor Alexander Acosta testified before Congress earlier this month, he emphasized balancing safety agencies’ legal obligations and commitments with President Trump’s commitment to deregulation. Meanwhile, members from both parties on the Subcommittee of Labor, Health, Human Services, Education and Related Agencies of the House Committee on Appropriations focused heavily on $1.2 billion in proposed budget cuts at the Department of Labor (but not for OSHA or MSHA).