The Mine Safety and Health Administration issued a Program Information Bulletin (PIB) on April 9, stressing that it will continue to enforce existing silica enforcement outlines.
In P26-01, acting Administrator for Mine Safety and Health Enforcement Timothy Watkins said the existing standards on respirable crystalline silica or quartz exposure in title 30 Code of Federal Regulations (30 CFR) parts 56, 57, 70, 71, 72, 75, and 90 will still be part of MSHA’s regulatory outlines.
MSHA’s 2024 final rule entitled “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection,” published at 89 FR 28218 (2024 Silica Rule), would have added a new Part 60 and revised those existing standards with conforming amendments.
However, the United States Court of Appeals for the Eighth Circuit (Court) stayed compliance with MSHA’s 2024 Silica Rule on April 11, 2025, before the effective dates for the conforming amendments for coal (April 14, 2025) and metal-nonmetal (April 8, 2026).
“In accordance with the court-ordered stay, MSHA continues to enforce the existing coal and MNM standards in effect at the time of the stay,” the agency said.
For metal-nonmetal mine operators, MSHA will continue to enforce the existing MNM standards in place at the time of the court-ordered stay, in 30 CFR sections 56.5001, 56.5005, 57.5001, and 57.5005, which remain unchanged and are preserved under the stay.
For coal mine operators, MSHA will continue to enforce the existing coal standards in place at the time of the court-ordered stay, in 30 CFR sections 70.2, 70.101, 70.205, 70.206, 70.207, 70.208, 70.209, Tables 70-1 and 70-2 to Subpart C of Part 70, 71.2, 71.101, 72.205, 71.206, 71.300, 71.301, 72.710, 72.800, 75.350, 90.2, 90.3, 90.100, 90.101, 90.102, 90.104, 90.205, 90.206, 90.207, 90.300, and 90.301.
“Enforcement of the 2024 Silica Rule is stayed by the Court’s order. When the Court’s stay is resolved, MSHA will publish a notice in the Federal Register advising the public of the termination of the stay and any further action taken by MSHA,” the agency noted.
Those with questions regarding the PIB can contact [email protected].