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MSHA Issues Two Proposals on Workplace Exams

Posted By Mark Ellis, Wednesday, September 13, 2017

Yesterday, the Mine Safety and Health Administration (MSHA) published two proposals in the Federal Register relative to its final rule on examinations of working places in metal and nonmetal mines.

The first proposal would delay the effective date of the final rule from October 3, 2017, to March 2, 2018, to allow additional time for MSHA to provide stakeholder training and compliance assistance.  Comments on this proposal must be received on or before September 26, 2017.  IMA-NA will file comments.

The second proposal would make limited changes to two substantive provisions of the workplace examination rule.  The first change would require that an examination of the working place be conducted at least once each shift, either before work begins or as miners begin work in the place.  The addition of the latter phrase is new.  MSHA intends that the examination should be conducted in a time frame sufficient to assure any adverse conditions would be identified before miners are exposed.  The second change would permit mine operators to not record conditions that are corrected promptly.  Promptly means before miners are potentially exposed to adverse conditions.  Comments on this proposal must be received on or before November 13, 2017.  MSHA also will hold a series of four public hearings on the proposed rule, in Arlington, VA; Salt Lake City, UT; Birmingham, AL; and Pittsburgh, PA.  IMA-NA will file comments and participate in one or more public hearings.

The two proposals are attached.


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Tags:  examinations of working places; MSHA; proposed rul 

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