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.
Rulemaking news
With no chief in place, OSHA rulemaking plans grow
by Leah Kaiser
Nearly 18 months into the new administration, OSHA still has no confirmed leader. The nominee, Scott Mugno, awaits Senate confirmation. Nonetheless, OSHA’s regulatory agenda marches on with several rules moving from “long-term” to “short-term” priorities.
OSHA seeking to limit injury records employers must submit electronically
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.
MSHA announces more workplace exam stakeholder meetings
MSHA has announced an additional in-person meeting and two video teleconferences to provide outreach and compliance assistance on the new workplace examination rule for metal and nonmetal mines. One of the video conferences occurs after the new examination rule takes effect on June 2nd.
This is it: MSHA publishes final workplace exam rule with few changes.
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.
Coming Soon! Revised Workplace Exam Rule for Metal/Non-Metal…
Assistant Secretary of Labor David Zatezalo has announced that a new workplace examination rule for metal and non-metal mines will be effective on June 2, 2018. The new rule has not yet been published.
In healthcare worker safety, California leads the way
In the last two months, the healthcare industry has seen both federal and state efforts to further regulate healthcare worker safety. Stakeholders and other jurisdictions are keeping an eye on these developments, which could spread to other states, as well.
EPA Abandons CERCLA Financial Responsibility Rule for Mining Industry
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…
MSHA proposes delay and changes to new workplace examination rule
This morning, MSHA posted advance copies of two rules, which it will formally publish tomorrow, to briefly delay and modestly amend its pending 2017 Workplace Examination Rule as expected since early August. The proposed changes appear to address two of the many concerns raised by industry regarding the 2017 rule.
OSHA formally proposes one-year delay to crane certification rules
OSHA’s new crane operator certification rules will be delayed and will not take effect until November 2018 under a proposed rule published by OSHA on August 30th in the Federal Register. The primary purpose may be for OSHA to reconsider the rule’s requirements.