Tell MSHA to Delay the Workplace Exams Rule

MSHA is looking for comments on whether or not to continue to delay a controversial workplace exams rule. NSSGA urges member companies to send comments on the rule to MSHA before the April 26 deadline. 

NSSGA believes that the rule’s effective date should be postponed indefinitely until the rule’s status is finalized. MSHA’s rule was slated to go into effect on May 23, but the agency announced a vague delay of the rule in February. Now it is seeking comments on whether or not to delay the rule further.

The workplace exams rule would require workers to examine an area before work begins, and document any adverse conditions, the date of the exam and abatements made, as well as the name of the examiner. The rule also calls for prompt notification of affected workers to hazards found and not immediately corrected. NSSGA is currently litigating the rule, and suggests that members use the following points in their comments: 

  1. The status of the rule is not clear. MSHA indicated that there was a “pause” in the rule so that the rule could be reviewed at a policy level, but that review is not yet complete. The Trump administration has also yet to appoint an Assistant Secretary to administer MSHA. 

  2. Once the rule is in effect, aggregates operations will require compliance assistance from MSHA.

  3. The rule is still vague on what constitutes a working place, conditions that may adversely affect safety and prompt notification.

  4. The rule should be delayed indefinitely until it’s status is finalized.  

Comments should refer to rule RIN 1219-AB87 and be emailed to or left online at Comments can also be mailed to MSHA Office of Standards and Regulations, 201 12th Street South, Suite 4E401, Arlington, VA, 22202-5452. Questions can be directed to Joseph Casper, NSSGA vice president of safety, at or 703-526-1074.

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Continuing the Discussion

  1. Delay workplace rule says association • Aggregate Research International

    […] The association urges it member companies to send comments on the rule to MSHA before the April 26 deadline. […]

    April 13, 20177:31 pm