MSHA Publishes 18 Proposed Rules with July 31, 2025 Comment Deadline

MSHA issued 18 Notices of Proposed Rulemaking on July 1, 2025, with comments due July 31. For nonmetal operations, several proposals are broadly applicable, while multiple items target coal-only issues. Silica remains a final rule with active compliance obligations, though enforcement timing has shifted and post-October 2025 status requires confirmation.

Background

MSHA released 18 proposed rules on July 1, 2025; the public comment deadline was July 31, 2025 (Jackson Lewis; Jackson Lewis). Separately, MSHA’s respirable crystalline silica final rule took effect June 17, 2024 and applies to all mine types (FACS). Following litigation and supply disruptions, MSHA paused silica enforcement and later extended the pause to October 17, 2025; a status update was scheduled for October 10, 2025 (Worksite Medical; McCraren Compliance; McCraren Compliance).

Key Provisions

• Silica final rule scope and limits: The rule applies to metal, nonmetal, coal, quarries, sand, gravel, and aggregate operations, with a uniform PEL of 50 µg/m³ (8-hour TWA) and an Action Level of 25 µg/m³ (8-hour TWA) (FACS; Jackson Lewis; FACS). MSHA paused enforcement due to certification and equipment availability issues and, after court action, extended enforcement delays through October 17, 2025 (Worksite Medical; McCraren Compliance).
• Coal-targeted proposals: Coal-specific NPRMs address conveyor belt approval, diesel emission limits, permissible electric equipment in coal seams above the water table, permissible lamps and flame safety lamps, and pillar mining with one opening (Jackson Lewis). These items do not identify nonmetal mines as within scope in the cited summary (Jackson Lewis).
• All-mine proposals: MSHA proposed rules covering electronic access to hazard communication information, electronic surveying equipment in high-hazard areas, and aerial tramways as applying to all mine types (Safety+Health Magazine). Final texts and effective dates are pending.
• Underground MNM exposure controls: MSHA proposed reaffirming the 160 TC µg/m³ exposure limit for diesel particulate matter in underground metal and nonmetal mines (Jackson Lewis). MSHA also proposed allowing certain nonpermissible powered air-purifying respirators in specific underground areas under technical conditions (Safety+Health Magazine).
• Plans and training governance: MSHA proposed eliminating district manager authority to impose additional roof control plan measures and eliminating the requirement for district manager approval of ventilation plans (Jackson Lewis; Safety+Health Magazine). Another proposal would remove district manager authority to require changes to miner training and retraining programs, applying to both underground and surface mines (Jackson Lewis).

Decision Framework

Three threshold questions determine resourcing: which of your 40 sites are underground; where your silica exposures sit relative to the 25 µg/m³ action level and 50 µg/m³ PEL; and which proposed rules clearly apply to all mines versus coal-only.

• If you operate only surface nonmetal sites, then coal-specific proposals on conveyor belts, diesel emissions, permissible equipment in coal seams, flame safety lamps, and pillar mining can be deprioritized for immediate compliance planning (based on coal-targeted scope reported) (Jackson Lewis).
• If any sites are underground MNM, then plan for the reaffirmed underground DPM limit of 160 TC µg/m³ and evaluate the proposed limited allowance for nonpermissible PAPRs in specific underground areas (Jackson Lewis; Safety+Health Magazine).
• If your operations use electronic SDS/HazCom systems, conduct aerial tramway operations, or employ electronic surveying in potentially hazardous atmospheres, then monitor those all-mine proposals for final requirements and timing (Safety+Health Magazine).
• If any site has miners at or above the silica action level or PEL, then prioritize silica compliance workstreams given the rule’s applicability to all mines; confirm enforcement timing because enforcement was extended through October 17, 2025, with a scheduled October 10, 2025 update (FACS; Jackson Lewis; McCraren Compliance; McCraren Compliance).
• Before deciding, confirm: current silica enforcement posture post-October 17, 2025; any MSHA-stated 2026 milestones for MNM (not identified in the cited sources); underground vs. surface status across all sites; and procurement lead times for respiratory equipment and dust monitoring given earlier certification and availability disruptions (McCraren Compliance; Worksite Medical).

What We’re Monitoring

• Silica enforcement status after October 17, 2025 and any agency guidance on 2026 compliance milestones for MNM operations (MSHA updates and court docket) (McCraren Compliance).
• Final texts and effective dates for proposals affecting all mines: electronic HazCom access, electronic surveying in high-hazard areas, aerial tramways (Safety+Health Magazine).
• Underground MNM-specific outcomes: reaffirmed DPM limit and any conditions for nonpermissible PAPR use underground (Jackson Lewis; Safety+Health Magazine).