2026 Notice of Proposed Rulemaking
On November 12, 2026, MSHA published a proposed rule, Respirable Crystalline Silica and Respiratory Protection, amending existing provisions in title 30 of the Code of Federal Regulations (30 CFR) part 60 of the Agency’s respirable crystalline silica and respiratory protection standards applicable to both metal and nonmetal (MNM) mines and coal mines. The proposed rule:
- Clarifies when rotation of miners is prohibited for miners exposed to respirable crystalline silica;
- Updates the exposure monitoring requirements to include risk-based criteria;
- Establishes an error factor of 21 percent to be applied to silica sample results;
- Clarifies that only MSHA inspector samples will be used to issue citations for non-compliance with the permissible exposure level (PEL);
- Clarifies when MNM mine operators may use respirators;
- Adopts by reference Occupational Safety and Health Administration’s (OSHA’s) Respiratory Protection Standard; and
- Updates the medical surveillance requirements to include risk-based criteria.
MSHA is also proposing conforming amendments to 30 CFR parts 56, 57, and 72 based on the proposed change in 30 CFR part 60 to adopt OSHA’s Respiratory Protection Standard.
The risk-based approach in this proposed rule will better target silica overexposures, address new developments in the mining industry, provide improved clarity for the regulated community, and support the Administration’s goal of reducing unnecessary regulatory burdens without compromising miner health and safety.
Public Hearing
The public hearing will be held virtually and will begin on December 15, 2026, at 9:00 am Eastern Time. If necessary, the public hearing will continue on December 16, 2026. During this public hearing, stakeholders will have the opportunity to present testimony, written comments, and other documentary evidence on the proposed rule. Click here for more information on the public hearing.
In addition to participation through the public hearing, interested parties can provide comments on any aspects of the proposed rulemaking at Regulations.gov. Written comments must be received by midnight Eastern Time on January 11, 2027. All submissions must include “RIN 1219-AC22” or “Docket No. MSHA-2026-0200.”
Please see the linked resources on the right-hand side of this webpage for more information on the rulemaking.