Jackson Kelly PLLC

Workplace Safety and Health News Alert

MSHA Implements New “Enhanced Enforcement Program” for Truck Drivers and Supervisors

August 11, 2022

By: Ryan Combs and William Lewis

In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.

For customer and contract truck drivers, the program will focus on task training and hazard training. To better ensure that all customer and contract truck drivers are adequately trained to perform their jobs at the mine site, MSHA will focus on standards relating to control of equipment (56.9101, 57.9101, 77.1707(a) and (b)), use of seat belts (56.14131, 57.14131), chocking of wheels (56.1402, 57.1402, 77.1607(n)), pre-operational inspections (56.14100(a), 57.14100(a), 77.1606(a)), and the maintenance of brakes in functional condition (56.14101(a)(3), 57.14101(a)(3), 77.1605(b)). As for hazard training, mine operators must provide customer and contract truck drivers with appropriate site-specific hazard training for the type of mine at which they are working. See 30 CFR 46.11 for sand, gravel, stone, and limestone surface mines; see 30 CFR 48.11 for underground mines; and see 30 CFR 48.31 for surface mines and surface areas of underground mines.

For supervisors and managers, the focus will be on new task training. Specifically, as required under 30 CFR 46.7, 48.7, and 48.27, supervisors and managers who perform mining tasks must be provided with training equivalent to that which new miners with no experience would receive for the same task. This program requirement will apply for sand, gravel, stone, and limestone surface mines (see 30 CFR 46.7), for underground mines (see 30 CFR 48.7), and for surface mines and surface areas of underground mines (see 30 CFR 48.27).

Lastly, in addition to the standards that will be enforced, in part,  through special assessments, MSHA will also focus, with renewed effort, on their Compliance Assistance Program within the mining community. Although the program predates this Enhanced Enforcement Program, the new initiative will task MSHA’s District Offices with actively identifying mines that can benefit from compliance assistance from Educational Field and Small Mine Services (EFSMS) staff.

[1] United States Department of Labor, Mine Safety and Health Administration, MSHA’s Enhanced Enforcement Program, MSHA.gov (last visited July 8, 2022), https://www.msha.gov/msha%E2%80%99s-enhanced-enforcement-program.


© 2023 Jackson Kelly PLLC. All Rights Reserved.