Rick Barton, CSP, ARM November 21, 2024 5 min read

MSHA’s Respirable Crystalline Silica Final Rule

In 2024, the Mine Safety and Health Administration (MSHA) introduced a significant amendment to its standards for respirable crystalline silica (RCS) to enhance miner safety. Effective June 17, 2024, this final rule aims to align the mining sector's safety measures with those of other industries by establishing uniform permissible exposure limits (PEL) and action levels, mandating rigorous exposure monitoring, and enforcing immediate corrective actions for overexposures. This comprehensive framework is designed to mitigate the health risks associated with RCS, ensuring a safer working environment for miners. Compliance deadlines are set for April 14, 2025, for coal mines and April 8, 2026, for metal and nonmetal (MNM) mines.

The following outlines the major provisions included in the final rule:

  • Establishes a uniform PEL and action level for all mines. The new standard is a PEL of 50 micrograms/m3 of air for a full shift. The action level is 25 micrograms/m3 over a full shift. These limits are calculated as an 8-hour total weight average (TWA). 
  • Requires exposure monitoring for respirable crystalline silica. Operators are required to sample environments to assess exposure risk for key activities that could effect exposures.
  • Updates the standard for respirable crystalline silica sampling. Sampling activities must be performed using a respirable particle sizes-selective sampler that conforms to ISO 7708:1995 standards. These samplers filter out particles by size and deposit them on filter paper for analysis. Respirable-size particles are defined as having mass median aerodynamic diameter (MMAD) of 4 µm. This definition represents an international consensus, harmonizes with the standards used by the American Conference of Governmental Industrial Hygienists (ACGIH), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH) and the European Committee for Standardization (CEN), and eliminates inconsistencies in the former standards for MNM and coal mines.

  • Requires immediate reporting and corrective action to remedy overexposures. When identified, overexposure must be reported to MSHA and corrective action must be taken to bring levels at or below compliance levels. After corrective actions restore safe levels, operators must resample the environment to ensure safety. Documentation for all sampling and actions taken is required.

  • Specifies methods of controlling respirable crystalline silica. Feasible engineering controls should be the primary method for controlling levels of RCS. Administrative controls should only be used as supplementary methods.
  • Requires temporary use of respirators at MNM mines when miners must work in concentrations above the PEL. Respirators must be used as a temporary protective measure when the PEL cannot be reached. These situations may occur when engineering controls are not fully implemented or because of the nature of the work. 
  • Updates the respiratory protection standard. Operators must have a written respiratory protection program to protect miners from airborne contaminants. 
  • Requires medical surveillance at MNM mines. Operators must provide regular medical examinations performed by a physician or licensed healthcare professional, at no cost to the miner.

Make sure your operations comply with the new standards. Contact the Hausmann Group Health and Safety Team with questions about the impact of this new rule on your business. 

 

References: 

https://www.msha.gov/regulations/rulemaking/silica

https://jespear.com/mshas-recent-update-to-safety-rules-for-respirable-crystalline-silica/
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Rick Barton, CSP, ARM

 Rick has over 20 years of experience in safety and risk control, working with clients in many industries including Construction, Mining, Trucking, Manufacturing, and Hospitality. He specializes in assessing risk for the clients of Hausmann Group to reduce loss potential. Through safety assessments and loss analysis, Rick develops solutions which include safety management techniques, training, and engineering. Additionally, he has been asked to speak at local and national safety conferences on topics such as "How to Manage Safety on a Jobsite", and "What it takes to be a Safety Leader”. Rick is an Authorized Instructor of OSHA Regulations Construction and General Industry Regulations. He is an active member of the Wisconsin Transportation Builders Association (WTBA), Associated Builders & Contractors (ABC), the Wisconsin chapter of The American Society of Safety Engineers (ASSE), and the Association of General Contractors (AGC). He is also on the Advisory Board of the Safety Studies Department at the University of Wisconsin Whitewater. Rick is an avid boater and enjoys sharing time on the water with family and friends. His children are spread across 4 U.S. states and Japan, so he and his wife are often traveling to visit them. He also has attended more than 150 games in the last 15 years to see his beloved Green Bay Packers play.

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