New MSHA Rule on Respirable Crystalline Silica

On April 18, 2024, the Mine Safety and Health Administration (MSHA) issued a final rule to lower miners' exposure to respirable crystalline silica and enhance respiratory protection measures across the mining industry. This rule represents a pivotal update that will impact operators in coal, metal, non-metal (MNM), and other mining operations, aligning them with OSHA's established standards for industry and construction.

Key Compliance Dates and Requirements

• June 17, 2024: Effective date of the final rule.
• April 14, 2025: Compliance deadline for coal mine operators.
• April 8, 2026: Compliance deadline for MNM operators, including non-metal mines, rock quarries, and tunneling operations.

Under the new rule, MSHA has implemented a permissible exposure limit (PEL) of 50 µg/m³ and an action level (AL) of 25 µg/m³ for respirable crystalline silica, matching OSHA's limits. This update introduces consistency in exposure standards across mining, industry, and construction—reducing complexity for operators and providing uniform guidelines for respiratory health protections.

The final rule establishes requirements for monitoring and controlling silica exposure and mandates medical surveillance at MNM mines, which previously did not have the same surveillance requirements as coal mines. This surveillance is modeled after coal mining requirements and includes regular health screenings to detect early signs of silica-related health issues. Additionally, MSHA's adoption of the ASTM F3387-19 standard for respiratory protection strengthens the safety measures for workers facing airborne hazards.

This regulatory shift emphasizes the importance of risk management and compliance as essential components of insurance coverage. With coal mining operations facing a fast-approaching compliance deadline in April 2025, there is an immediate need for risk assessments and strategic adjustments to meet these new standards. For MNM operators, the additional year until April 2026 provides some leeway, but proactive planning is still critical.

Compliance-Driven Risk Assessment

The consistent exposure limits across mining, industry, and construction mean that mining clients must implement standardized monitoring and protection practices. Be aware of these requirements when conducting risk assessments to ensure policies are aligned with compliance responsibilities.

Coverage Adaptations

Given the stringent new standards, reviewing and possibly updating policy terms may be necessary to ensure coverage reflects the expanded compliance obligations, including medical surveillance and upgraded respiratory protection.

Managing Compliance Deadlines

As deadlines approach, ensure your operation is in compliance to mitigate potential penalties, protect worker health, and minimize claim risks associated with non-compliance or silica-related illnesses.

For mining clients, this rule's immediate impact is clear: the need to adjust operations to comply with uniform exposure standards, regardless of mining type. Compliance deadlines underscore the urgency of preparing to meet these standards well before MSHA's timelines. Non-compliance risks could lead to penalties, heightened claims, or increased premiums. Early, proactive measures are necessary for managing these risks effectively.