MSHA Delays Exams Rule as NSSGA Takes Fight to Court

NSSGA learned that MSHA will announce a 60 day extension on the effective date of the workplace exams rule. Originally slated to be implemented in the end of May, it will now go into effect July 24.

NSSGA is not waiting for MSHA to amend the flawed rule on their own. The association led a coalition of national and state associations to file a petition with the 11th U.S. Circuit Court of Appeals to challenge the exams rule. NSSGA has long said that the rule will impede operator efforts to effectively manage workplace safety. In addition to forcing operators to substantially alter work processes, the rule would also mandate substantial increases in paperwork burden. These operational concerns would be especially tough on small operators.

Last year, the aggregates sector attained the lowest injury rate ever of 1.95 injuries per 200,000 hours worked, down from the then-record rate of 2 in 2015. Last year also marked the 16th consecutive year in which aggregates operations lowered the injury rate from the previous year. Earlier this week, Ward Nye, chairman, president and CEO of Martin Marietta, emphasized the industry’s commitment to safety before a congressional subcommittee. “We have safety records at our company that are better than department stores,” he said. “I’ll put our safety metrics up against anyone in the world.”

NSSGA’s legal challenge accompanies advocacy efforts with the White House. The association previously met with the Office of Management and Budget to discuss the negative effects of this rule as the Trump administration continues to search for key personnel for the Department of Labor, including a permanent administrator for MSHA.

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  1. MSHA's exam rule delayed

    […] MSHA will announce a 60-day extension on the effective date of the workplace exams rule says the National Stone, Sand and Gravel Association. […]

    March 28, 20176:27 am
  2. MSHA proposed to delay effective date of workplace exam rule

    […] safety records at our company that are better than department stores,” Nye said, according to an NSSGA press release. “I’ll put our safety metrics up against anyone in the […]

    March 31, 20178:41 pm