MSHA’s much-contested new rule is now in effect and being enforced even while a court challenge continues. MSHA has tried to clarify the rule, but many questions remain unanswered.
MSHA reinstates its 2017 workplace exam rule to comply with court order
After a court rejected MSHA’s 2018 changes to its metal/non-metal workplace examination rule, tomorrow (Monday) MSHA will publish an announcement that reinstates the 2017 rule. The notice serves to “recognize[] the legal effect of the court order” and revise the rule to comply. Here are the key takeaways.
MSHA moves ahead on silica RFI but leaves all options open
Just before the Labor Day holiday, the Mine Safety and Health Administration published a long-expected silica request for information (RFI) on possible further regulatory action to address silica (most often found as quartz) in workplaces. From past statements by current MSHA officials and the text of the RFI, it remains unclear how fast or how far MSHA may go in further the regulating exposures to one of the most commonly-found elements on Earth.
OSHA moves to potentially adjust silica rule
Last week, OSHA began a potential rulemaking process to expand what some might consider exceptions to the 2016 silica rule in construction. Here’s what we know…
Prepare for additional dust scrutiny
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.
Would you like electronic lockout/tagout? Do you use robots? OSHA needs to hear from you!
As manufacturing technology has evolved, the industry has long waited for OSHA regulations to catch up. In particular, lockout/tagout requirements (LOTO) have never allowed the latest control circuit technologies to protect workers. In addition, until now, OSHA has not addressed safety issues involving the latest wave of robotics in the workplace. That change now appears to be underway.
How can the petition for modification process be reformed? The Mining Coalition weighs in.
In a little-noticed “information collection” notice, MSHA asked for public comment about whether its petition for modification process is necessary, practical, or burdensome. Last week, Husch Blackwell’s Mining Coalition weighed in with ideas for how MSHA can reform the process.
The view from DC: OSHA and its congressional overseers get new staff leaders as new OSHA bill would increase enforcement
OSHA is surely bracing for new oversight as the new Congress gets down to business. Who will be the key players? What oversight and enforcement pressures will OSHA face? New people, new priorities, and new legislative initiatives are already here.
An MSHA blind spot on powered haulage safety?
MSHA engaged in an important exercise last year when it asked for comments on how to improve “powered haulage” safety in mining. But, are some important questions missing from the discussion?
Clearing up confusion on OSHA’s safety incentive program policy (the “pizza party” rule)
Based on questions we’ve fielded from clients, it seems many are understandably unsure what OSHA’s current position is on safety incentive programs. Here’s a quick rehash to clear it all up.