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Wyoming Mining Association
MSHA and NIOSH Developments During the Trump Administration – There’s More To It Than Meets the Eye Presented By: Ed Green & Monty Cooper June 5, 2019 Wyoming Mining Association Cody, Wyoming
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Outline One MSHA Diesel Exhaust Update Powered Haulage Update
Miner Health Program Respirable Coal Mine Dust (RCMD) & Silica Update
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One MSHA Began under Assistant Secretary Zatezalo, One MSHA’s mission is to eliminate the historical separation between metal/nonmetal mines and coal mines. Mandate for 4s (underground) and 2s (surface) are the same. Phase One: Started in Oct. 2018; over 100 mines are now able to be inspected by cross-trained inspectors. Phase Two: Has begun; MSHA is re-aligning Field Offices and assigning metal/nonmetal mines to coal Field Offices & vice versa.
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One MSHA MSHA’s goal is to improve efficiency across the agency.
Objections have been raised by the U.S. House Appropriations Committee: The Committee is concerned about merging the “Coal Mine Safety and Health and Metal” and “Nonmetal Mine Safety and Health” budgets. Believes merger could compromise MSHA’s mission and make workers less safe. The Committee does not approve consolidation of these two activities in fiscal year 2020 budget request. Also increases MSHA’s budget from the Administration’s request of $376 million to $417 million, an increase of $41 million as MSHA’s budget has been frozen for the past 6 years. We’ll explain the purpose of this increase shortly.
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Diesel Exhaust Update NIOSH-MSHA Diesel Exhaust Health Effects Partnership’s work continues. Diesel Technology Workshop (January 23, 2019) was a success. Focused on several important areas, including (1) current emissions/control technologies, (2) emission reduction/exposure reduction, and (3) current barriers to deployment of technologies. MSHA’s Diesel Exhaust RFI comment period has been extended to Sep. 25, 2020; MSHA now considers Diesel Exhaust proposed rulemaking to be a long-term action, with no rulemaking in sight.
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Powered Haulage Update
Informal and Formal Requests for Information (RFI): MSHA has informally requested best-practice advice re powered haulage safety for years (e.g., for MSHA quarterly meetings); MSHA formally issued an RFI re powered haulage safety; received comments in December 2018; MSHA’s Powered Haulage Safety Initiative MSHA provides safety practice information on its website (
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Powered Haulage Update
MSHA will issue a proposed rule in March re a potential safety program for mobile equipment at surface mines and surface areas of underground mines.
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Miner Health Program A new NIOSH campaign to examine long-overlooked occupational health hazards to which miners are exposed Fills knowledge gap re noncoal-mining sectors (e.g., metal, industrial minerals, and stone, sand & gravel) Currently, no comprehensive or narrowly focused health- surveillance system exists for these populations
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Miner Health Program Short-term goals Establish stakeholder engagement
Increase capacity to conduct health research Form partnerships and collaborations Long-term goals Established, versatile health program Informed national view of health across mining sector
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Miner Health Program 2019 MSHRAC Miner Health Workgroup – Sep. 5-6, Seattle, WA Goal: Address the following issues: Determine gaps that exist in miner health research Determine mechanisms that can be established to improve communication of and participation in occupational health research Determine goals to measure the program’s success
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Respirable Coal Mine Dust (RCMD) & Silica Update
NIOSH’s Draft Response to the National Academy of Sciences (NAS) NIOSH prepared responses to NAS recommendations on monitoring/sampling approaches to assess underground coal mine dust exposures. NAS’s theme/recommendation: Stakeholders need to work together to address issues related to RCMD exposure. NIOSH’s response: NIOSH and MSHA plan to establish an RCMD Partnership to focus research and provide solutions to stakeholders.
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Respirable Coal Mine Dust (RCMD) & Silica Update
NIOSH’s Draft Response to the National Academy of Sciences (NAS) NAS’s recommendation: Develop a real-time crystalline silica monitor. NIOSH’s response: NIOSH has awarded two contracts with academia and industry to develop such a monitor; it is also developing a field-based silica monitoring approach.
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Respirable Coal Mine Dust (RCMD) & Silica Update
MSHA’s Respirable Crystalline Silica (Quartz) Request For Information Slated for publication in July 2019. Solicits information and data on the best ways to protect miners’ health from exposure to quartz in respirable dust. Information requested includes an examination of an appropriately reduced permissible exposure limit, potential new or developing protective technologies, and technical/educational assistance.
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Respirable Coal Mine Dust (RCMD) & Silica Update
Other Key Issues for Consideration Will MSHA develop a crystalline silica rule like that for OSHA? House Appropriations Committee explains its $41 million increase to “support MSHA’s enforcement of the 2014 [RCMD rule] and expanded monitoring of operator compliance with its existing silica rule.” The amount should include “develop[ment of] a more protective silica monitoring standard.” June 20, 2019 – upcoming oversight hearing before the House Workforce Protective Subcommittee on “Silicosis in Coal Mines”
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