MSHA’s Upcoming Silica Rulemaking

America's miners play a major role in the country's mining industry, providing raw materials for a wide range of uses. This has historically been dangerous work – and still is for the 787,924 men and women who currently work in nearly 12,500 surface and underground mines across the United States. Over the years, safety regulations have worked to reduce common hazards miners encounter. That includes a requirement by the Federal Mine Safety and Health Act (Mine Act) that the U.S. Department of Labor's Mine Safety and Health Administration (MSHA) inspect all mines each year to ensure safe and healthy work environments for miners. MSHA’s regulations establish other critical requirements, in addition to safety and health standards, for items like notification of mine operator accidents and training programs.

Designated by Congress, National Miners Day is celebrated next week, on December6, to remember miners who have passed while working in the mines and to honor the hard work of American miners. Read on for a closer look at mine safety – how far we’ve come, MSHA’s role, and today’s most pressing issues and safety solutions (one of these: silica dust exposure and inhalation), including ways to enhance the health and safety of those who work in mining environments.

Mine Safety – Why It Matters
Safety is critical in mining in order to reduce the injuries and fatalities miners suffer while on the job. The field of mine safety encompasses many areas. It includes a wide range of data and studies on the types of accidents that occur, their likelihood and effective ways of eliminating their causes. Over the past century, this concerted effort continues to reduce fatalities and serious injuries. As a general trend, each year sees fewer fatalities than the previous one. Common types of mine accidents in both coal and metal/non-metal mines involve:

• Falling materials
• Electrical equipment
• Fire
• Falling roofing
• Machinery
• Powered haulage
• Fall of face (mine walls)
• Non-powered haulage
• Slipping or tripping
• Hazardous respiratory inhalation

Each type of accident may have a variety of causes, including equipment malfunction, human error, inadequate training or poor safety equipment. Many hazards can be made increasingly safe through measures such as risk assessment and setting standards for equipment maintenance and inspection. However, many of the activities and machinery necessary to mining unavoidably present some degree of danger. The way to reduce risks for these situations can consist of steps such as improved mine safety training and clear signage to alert miners of relevant hazards.

Early Mine Safety and the History of MSHA
The first federal mine safety law was passed in 1891, and the Bureau of Mines, the first federal agency tasked with researching and implementing mine safety, was established in 1910. In the ensuing years, the agency's authority was expanded and further safety laws were passed. At the time, safety laws focused on coal mines. The Federal Metal and Nonmetallic Mine Safety Act of 1966 was the first federal legislation to cover safety in other types of mines.

In 1969, Congress passed the Coal Act, which introduced stricter standards and penalties for enforcing safety. In 1973, the Mining Enforcement and Safety Administration (MESA) was created to take over the Bureau's safety enforcement tasks. MSHA, which continues to fulfill mining health and safety enforcement functions today, was formed in 1978 as the successor to MESA.

In particular, MSHA enforces the Federal Mine Safety and Health Act as amended by the MINER Act of 2006. It researches and analyzes relevant data in order to develop effective health and safety standards.

Top Mine Safety Issues Today
Occupational safety agencies, including MSHA and OSHA, have identified several issues to focus on in recent years. This year, with changes going into effect in early 2024, MSHA has drawn attention to inhaling silica dust, a common component of many construction materials, which can lead to severe respiratory illnesses, including silicosis, lung cancer, and kidney disease.

Recognizing the significant health risks associated with silica dust exposure, MSHA has proposed a new rule to lower the permissible exposure limit (PEL) for respirable crystalline silica (RCS) from 50 micrograms per cubic meter of air (µg/m³) to 25 µg/m³. This proposed rule, along with effective signage, is crucial for protecting workers from silica dust and promoting a safer working environment.

MSHA's Silica Safety Rule Proposals
The proposed silica safety rule, published in the Federal Register on July 13, 2023, aims to significantly reduce miners' exposure to RCS. The rule's key provisions include:

• Lowering the PEL for RCS from 50 µg/m³ to 25 µg/m³, aligning it with the OSHA standard for general industry.
• Mandating exposure monitoring and sampling to assess miners' exposure levels.
• Requiring corrective actions when exposure exceeds the PEL, including implementing engineering controls, administrative controls, and personal protective equipment (PPE).
• Implementing medical surveillance for miners exposed to RCS, including periodic chest X-rays and lung function tests.

These proposed measures represent a significant step towards preventing silica-related illnesses among miners.

How to Keep Workers Safe from Silica Dust
Effective silica dust control requires a comprehensive approach that encompasses engineering controls, administrative controls, and PPE.

• Engineering controls: Implementing dust suppression systems, ventilation systems, and wet drilling methods can significantly reduce dust levels at the source.
• Administrative controls: Establishing work practices and procedures, such as rotating workers out of high-dust areas and providing adequate training, can minimize exposure.
• Personal protective equipment (PPE): Providing respirators certified for silica dust protection, along with other protective gear such as gloves and eye protection, is essential for minimizing exposure when engineering and administrative controls are not feasible.

As always, when it comes to the hierarchy of controls, engineering controls should be explored and implemented first to reduce the needs for others, but in several instances, administrative and PPE controls are an unavoidable need.

The Role of Proper Safety Signage for Silica
Clear and visible safety signage plays a crucial role in communicating silica dust hazards and promoting safe work practices.

• Types of silica dust safety signs: Warning signs alert workers to potential hazards, hazard signs identify specific hazards, and instructional signs provide specific instructions for hazard control.
• Placement of silica dust safety signs: Signs should be placed at entry points to hazardous areas, near dust-generating activities, and on equipment controls.
• Legibility and visibility of silica dust safety signs: Signs should use ANSI or ISO approved clear fonts, contrasting colors, and appropriate sizes to ensure visibility and readability.
• Maintaining and updating silica dust safety signs: Signs should be regularly inspected for damage and replaced as needed. They should also be updated to reflect current regulations and procedures.

Safety signs go hand in hand with training procedures and serve as a way to enhance your PPE requirements and enforcements. Often, they’re the last line of defense when it comes to warning workers of environmental and situational hazards.

Significant Upcoming Dates for the Rulemaking

• Public comment period: The public comment period on the proposed silica safety rule ended on September 11, 2023. MSHA is currently reviewing the comments and will consider them when finalizing the rule.
• Final rule expected: MSHA expects to finalize the silica safety rule in 2024.

Visual Communication to Improve Mine Safety
In the above silica and respiratory exposure concerns, as well as in many other common scenarios, proper equipment safety labels and safety signs can play a vital role in helping to prevent accidents or minimize damage. Clear and visible safety warnings in hazardous areas allow for workers to be aware of their environment before entering. Signs and labels marking areas where electrical or equipment hazards may be present in enclosed mines are also an essential part of promoting safety.

Here at Clarion Safety, we offer a range of high quality, durable labels, signs and tags for the mining industry and many others, including construction. From machine risk assessment services to custom warnings, we’re dedicated to safer products and safer work environments. Our products are made in the USA in our state-of-the-art production facility in Milford, PA. With in-house customer service, we always have our finger on the pulse of your project – and can be responsive to your changing needs. Reach out to us and let us know how we can help with your safety and compliance requirements

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