MSHA to reconsider portions of respirable crystalline silica rule

On November 26, the Mine Safety and Health Administration (MSHA) provided a status update indicating its intent to reconsider certain portions of its respirable crystalline silica rule due to ongoing litigation. No further details were provided. The rule, which took effect in June 2024, introduced significant changes aimed at protecting miners from the health risks associated with silica dust exposure.

The rule:

• Lowers the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air over an 8-hour time-weighted average (TWA),
• Increases silica sampling and enforcement at metal and nonmetal mines,
• Includes medical surveillance programs to provide regular health exams at no cost to miners, and
• Revises the standard for respiratory protection to reflect the latest advances in respiratory protection and practices.

While there have been several enforcement delays, the April 8, 2026, compliance date for metal and nonmetal mines remains unchanged.