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How MSHA, Mine Safety Should be Reshaped in 2025

 

 

January 2, 2025 - As the new year gets underway, everyone has goals and aspirations.  

 

Maybe the garage needs to be cleaned out. Or you want to commit to being more forgiving to the person who cuts you off in traffic.


There are always things we wish we could do better or accomplish. In our world of mine safety, we also have some things we’d like to see done in 2025. Here is our short 2025 wish list.


MSHA’s Direction


With the outcome of November’s presidential election, the leadership at all federal agencies will change when the new administration takes over Jan. 20. The Mine Safety & Health Administration (MSHA) is no exception in this transition.  


Keeping politics out of this discussion, our wish for the next assistant secretary for MSHA is simply that he or she originate on the metal/nonmetal side of the mining community. It’s just time.  


This is not in any way a criticism of the assistant secretaries whose backgrounds and experience were in coal country – Chris Williamson, David Zatezalo, Joe Main, David Lauriski and Davitt McAteer, to name a few. It’s simply a recognition of the fact that the mining industry’s demographics have changed.  


Based on our less-than-scientific review of National Institute for Occupational Safety & Health statistics, there are fewer than 1,000 coal mines and more than 12,000 metal/nonmetal mines in the U.S. Metal/nonmetal miners outnumber coal miners five to one.


Of course, this does not mean coal mine safety and health issues are any less important. It just means it’s time that metal/nonmetal miners have a voice at the top who has a greater understanding of their industry.


Workplace Exams


Additionally, the workplace examination standard needs to be reined in from the “gotcha” regulation that it is turning into.  


During ramp-up and stakeholder outreach for the revised standard back in 2019, the industry was assured that the regulation would not be the basis for a default, follow-on citation anytime multiple citations were issued at an operation. In some districts, however, this clearly is now the case.  


The boiler plate language that has become all too familiar is this: “Based on the number of citations issued during this inspection, it is clear that adequate workplace examinations are not being conducted.”


There need to be clearer guidelines for inspectors on what factors must be in place for this catch-all citation to be issued. For instance, more emphasis should be placed on the operator’s workplace exam training efforts and actual workplace exam performance (i.e., exams conducted, as well as adverse conditions documented and corrected) rather than just numbers. 


We have seen this citation following the issuance of six citations – two S&S and four non-S&S. That should not happen.


Press Release Tactic


Also, the agency’s monthly impact inspection press release practice must end.  


This release that shares the findings of the inspections and singles out specific mine operators for their inspection results is a snapshot in time. It often does not relate to the enforcement picture that exists after informal conferences and contests.


At a minimum, the agency should follow up after the end of that process with the changes that have been made in informal and formal proceedings. That is probably a bridge too far, but ending the process altogether certainly is not.


Safety Spirit


Finally, while the mining industry rebounded in 2024 from the 41 fatal accidents that occurred in 2023, the 28 that did occur (as of press time for this month’s edition) set a significant target for the industry.


During its 2021 fatality spike, the industry doubled down in its training and compliance efforts to tackle the problem and emphasize safe work procedures. Our hope is that this spirit and commitment, supported by best practices and strong leadership, will reduce the number even further.


The miners, supervisors and mine safety professionals that we are regularly around have a laser focus on keeping each other safe. That level of care and support, with cooperation and encouragement from MSHA, can only get the industry closer to its goals.


If the downward trend in the fatality rate can continue in 2025, it really will be a happy new year.