The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16^th at an event in Uniontown, PA to announce the release of MSHA’s final respirable crystalline silica rule to the public. Although President Biden was campaigning in Scranton, PA, he did not make an appearance at the event.

MSHA will publish the rule, Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection, in the Federal Register on April 18^th.

The new rule (30 C.F.R. Part 60):

• Reduces the permissible exposure limit (PEL) for respirable crystalline silica from 100 to 50 µg/m³ over a full-shift exposure (8-hour time-weighted average) for all miners;
• Sets an action level of 25 µg/m³ and requires mine operators to conduct periodic sampling when miner exposures are at or above the action level but at or below the PEL;  
• Requires mine operators to install, use, and maintain engineering controls as the primary means of control; 
• Requires mine operators to assess (sample) the exposure of each miner “who is or may reasonably be expected to be exposed to respirable crystalline silica;”
• Bars the use of administrative controls (e.g., worker rotation) for compliance purposes;
• Bars the use of respirators for compliance purposes;
• Permits the temporary use of respirators at metal/nonmetal mines when miners must work in concentrations above the PEL while engineering controls are being developed;   
• Requires mine operators to immediately report samples over the PEL to MSHA;
• Requires mine operators to develop and implement a written respiratory protection program consistent with the requirements of ASTM F3387-19;
• Requires mine operators to take immediate action to address overexposures;
• Bars the use of administrative controls (e.g., worker rotation) for compliance purposes;
• Bars the use of respirators for compliance purposes;
• Permits the temporary use of respirators at metal/nonmetal mines when miners must work in concentrations above the PEL while engineering controls are being developed;   

Mine operators in metal/non-metal have 24 months after the publication date to comply. Coal mine operators must comply with the new rule 12 months after the publication date.

MSHA largely dismissed stakeholders comments on the proposed rule and dismissed nearly all of the stakeholders concerns about the technological and economic feasibility of compliance.  

Key aspects of the rule lack scientific support and are contrary to sound industrial hygiene practice.

At root, this rule was originally aimed at addressing an increase in a type of severe black lung disease in certain underground coal mines in specific areas of the country. MSHA knows that this is attributable to exposure to both coal dust and respirable silica in combination. Miners in metal/non-metal mines who have not worked in coal do not develop CWP or PMF. In other words, the problem the rule aims to address is simply not present at more than 90% of the mines in this country.

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