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Silica Enforcement Initiative

MSHA is implementing a Silica Enforcement Initiative to protect Coal and Metal and Nonmetal (MNM) miners’ health by limiting their exposures to respirable crystalline silica.  This initiative has four components: inspections, sampling, compliance assistance, and miners’ rights.  

  1. Inspections 

    Coal and MNM mines 

           MSHA will conduct spot inspections for silica at coal and MNM mines.  

  • At mines with repeated overexposures to silica.
  • This will include, where warranted, inspections in accordance with Section 103(i) of the Mine Act.
  • MSHA will require for overexposures over 100 micrograms per cubic meter (existing PEL):
    • For MNM mines, abatement within a period of time.
      • For overexposures not abated, MSHA will issue a 104(b) withdrawal order.   
    • For coal mines, MSHA will encourage mine operators to change the dust control and mine ventilation plans and review plans/exposures after changes are made. 

           Coal mines

          Review of Ventilation and Roof Control Plans 

  • MSHA District Managers will review ventilation and roof control plans for extended cuts (greater than 20 feet).  District Managers may require mine operators to specify in these plans:
    • The number of miners working downwind of the continuous mining machine.
    • The number of extended cuts miners will work downwind. 
       
  • MSHA will take additional dust samples for miners who are overexposed. (See sampling)
  • MSHA District Managers will review approved plans to determine if the plans are appropriate when MSHA’s samples indicate silica overexposures. 
  1.  Sampling 

    Coal and MNM mines  

  • MSHA will collect respirable dust samples from occupations known to have a high-risk of exposures to silica. This will include MNM and Coal miners involved in overburden removal and the construction of a shaft or slope. 

        Coal mines 

          Extended Cuts (Greater than 20 feet) 

          For mines with approved extended cut mining, MSHA may collect additional dust   samples for: 

  • Miners working downwind of a continuous mining machine.
  • The number of extended cuts miners will work downwind. 

          Developing Cross Cuts 

          Developing a crosscut is a period in the mining process when miners may be potentially at a significant risk of high exposures.   

  • MSHA samples these miners when possible. 
  1.  Compliance Assistance 

  • MSHA will work with stakeholders including mine operators, industry, and labor. 
  • MSHA will share additional information through stakeholder calls and to MSHA grantees.
  • All information will be posted on the Agency’s website.
  • MSHA will distribute materials related to this initiative and provide compliance assistance through Educational Field and Small Mine Services staff.  
  1.  Miners’ Voice 

  • MSHA will reinvigorate efforts to educate miners about their rights to make hazardous condition complaints and their protections against retaliation and discrimination.
  • MSHA will ensure that miners are aware of their right to:
    • Accompany an MSHA inspector. 
       
    • Obtain an immediate MSHA inspection if they believe safety or health hazards exists. 
       
    • Identify hazardous conditions and refuse unsafe work without fear of retaliation and discrimination. 
       
    • Additional information will be posted on the MSHA’s website. 
       
    • Compliance assistance materials will be provided through the Educational Field and Small Mine Services staff.