Workplace Safety and Health News Alert
MSHA TO EXTEND EFFECTIVE DATE OF WORKPLACE EXAM RULE TO JUNE 2, 2018
October 3, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 21
©2017 Jackson Kelly PLLC
According to documents currently available for public inspection, the Mine Safety and Health Administration (“MSHA”) will extend the effective date of the Final Rule on Workplace Examinations for metal/non-metal mines to June 2, 2018. The Workplace Examination standard that existed prior to promulgation of the Final Rule will remain in effect until that date. A formal notice is scheduled to be published in the Federal Register on Thursday, October 5, 2017.
MSHA has stated that the extension is necessary to provide operators with compliance assistance on the requirements of the Final Rule. This would include the development of written materials, conducting informational stakeholder meetings, and compliance assistance visits and training of inspectors to ensure consistent enforcement.
It is noted that MSHA has also proposed two substantive amendments to the Final Rule, which address the timing of examinations and the required content in the examination records. MSHA will hold four public hearings between October 24, 2017, and November 2, 2017. Comments on the proposed amendments are due November 13, 2017. It is anticipated that following closure of the comment period on the proposed amendments, MSHA will publish an amended Final Rule. Therefore, the exact requirements of the Final Rule are likely unknown at this time. Additionally, the Final Rule is currently the subject of pending litigation in the United States Court of Appeals for the Eleventh Circuit.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com
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