Yesterday (July 30), OSHA published a proposed rule to amend its Injury & Illness Record-keeping standard, 29 CFR Part 1904. OSHA proposes two significant changes that address long-standing industry concerns.

Continue Reading OSHA suspends and may delete requirement to electronically submit detailed injury/illness data

The Trump administration’s recent regulatory agenda boasts that in it, “agencies continue to identify ineffective regulations for revision and repeal.” With several potential rules in the early stages, is MSHA’s agenda on that course, or is it a notable exception?

Continue Reading What’s on MSHA’s agenda? Silica, diesel, powered haulage, proximity detection, and more

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.

Continue Reading With new RFI, MSHA begins potential rulemaking process on powered haulage

OSHA has begun rulemaking efforts that could limit how much injury and illness information employers must submit electronically under a 2016 rule. Under the proposed changes, employers would only have to submit to OSHA the annual summary of injuries and illnesses, rather than also submitting logs and reports detailing each incident.

Continue Reading OSHA seeking to limit injury records employers must submit electronically

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.

Continue Reading This is it: MSHA publishes final workplace exam rule with few changes.

A client alert issued today by Husch Blackwell’s environmental practice group details a major reversal of Obama-era policy by the Trump Administration.  The EPA announced it will not issue final regulations under CERCLA Section 108(b) imposing financial responsibility requirements on the hardrock mining industry. Abandoning a December 1, 2016 proposed rule, the EPA emphasized that after carefully evaluating public comments, statutory authority, and the extensive record it had concluded that the minimal environmental risk involved in modern mining practices combined with existing state and federal financial assurance requirements made the proposed rule unnecessary and unduly burdensome.  Read the entire client alert here.