The Fit For Work safety team has reviewed the latest agenda to highlight key OSHA and MSHA regulatory actions in the final rule stage. This summary offers insights for safety and risk management professionals, along with guidance on how to prepare your organization for changing requirements.
By Forrest Richardson, CSP, ARME
Director of Safety, Fit For Work
Revisiting OSHA (Occupational Safety and Health Administration) regulations as we begin the year is crucial for maintaining workplace safety and ensuring compliance with any new or updated standards. OSHA regulations can change frequently, and it’s important for employers and safety officers to stay informed of any revisions that might affect their industries. You can view last year’s review here for a recap of the key changes and updates that impacted the industry.
The semiannual regulatory agenda for OSHA and MSHA (Mine Safety and Health Administration) rulemaking activities offers safety professionals valuable insights into upcoming changes, providing opportunities to prepare your organization and engage in the rulemaking process.
Understanding OSHA’s Rulemaking Process: Stages and Priorities
The agenda categorizes information into three categories:
- Proposed rule stage
- Pre-rule stage
- Final rule stage
The agencies prioritize each of these regulatory actions, with the most impactful ones being referred to as ‘significant.’ However, less significant regulations are still issued from time to time. The inclusion of an item in the Regulatory Plan means it is a high priority of the current administration. To learn more about OSHA’s rulemaking process, view this flowchart.
OSHA Final Rulemaking Actions
Reminder of 2024 Hazard Communication Standard Updates
Back in March of 2012, OSHA incorporated the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) into its Hazard Communication Standard (HCS) to specify requirements for hazard classification and standardize label components and information on safety data sheets. At that time, OSHA used the third edition of the GHS. The current rulemaking would incorporate by reference the seventh edition of the GHS.
The changes are expected to improve harmonization with international trading partners such as Canada and will codify several enforcement policies issued since 2012. OSHA issued an update to the Hazard Communication Standard (HCS) in 2024, with the final rule published on May 20, 2024, and becoming effective on July 19, 2024.
Key points about the OSHA HCS update:
- Date published: May 20, 2024
- Effective date: July 19, 2024
- Update focus: Improving the quality and quantity of information on chemical labels and safety data sheets to better inform workers about chemical hazards.
For best practices, please remain attentive to this regulatory standard and monitor OSHA’s Top 10 list in 2025.
Occupational Exposure to COVID-19 in Healthcare Settings
Under President Biden’s Executive Order 13999 on Protecting Worker Health and Safety (issued January 21, 2021), OSHA issued an emergency temporary standard to address COVID-19 in healthcare workplaces. OSHA then developed a final standard focused on healthcare workers that was sent to the Office of Management and Budget (OMB) for review back in December 2022. However, since the public health emergency ended, no timeline on the next steps is known. It’s important to note that the agency is also working on a more comprehensive infectious disease regulation, but there is not a timeline for that activity. This is listed as a significant priority, but it is not part of the Regulatory Plan.
MSHA Final Rulemaking Actions
Reducing Respirable Crystalline Silica Exposure
Three public hearings were held during summer 2023 to gather input on the existing permissible exposure limit (PEL) on miners’ exposures to respirable crystalline silica (RCS). The current OSHA PEL is 100 micrograms per cubic meter.
Based on the agency’s data, as well as related OSHA standards and NIOSH (National Institute for Occupational Safety and Health) research, MSHA issued a final rule on April 18, 2024, to reduce miners’ exposure to respirable crystalline silica. The rule went into effect on June 17, 2024.
Key components of the rule:
- Permissible exposure limit: The PEL for respirable crystalline silica is 50 micrograms per cubic meter of air ( g/m3g / m cubed 𝑔/𝑚3) for a full shift.
- Action level: The action level at which you have to comply with the standard for respirable crystalline silica is now 25 g/m3g / m cubed 𝑔/𝑚3 for a full shift.
- Exposure sampling: Mine operators must conduct air sampling to assess employee exposures.
- Medical surveillance: Mine operators must provide periodic health examinations at no cost to miners.
- Respiratory protection: The rule updates the respiratory protection standard to the ASTM International 2019 standard.
- Compliance records: Mine operators must retain records of sampling, periodic evaluations, and corrective actions for at least five years.
The rule applies to coal mines and metal and nonmetal mines. The effective date for coal mines is April 15, 2025, and the effective date for metal and nonmetal mines is April 8, 2026.
Improving the Safety of Surface Mobile Equipment
MSHA’s final rule requires mine operators to have written safety programs for surface mobile equipment (excluding belt conveyors) at surface mines and surface areas of underground mines. The safety programs must include input from miners and their representatives and identify hazards and risks. This final rule took effect January 19, 2024, with a compliance date of July 17, 2024. According to MSHA, the rule takes a flexible approach so that mine operators can develop and implement safety programs that work for their operation, mining conditions, and miners.
Testing, Evaluation, and Approval of Electric Motor-Driven Mine Equipment & Accessories
On December 10, 2024, MSHA issued its final rule, Testing, Evaluation, and Approval of Electric Motor-Driven Mine Equipment and Accessories.
This rule incorporates by reference eight voluntary consensus standards approved by the American National Standards Institute (ANSI). MSHA will accept these voluntary consensus standards as alternatives to the existing testing, evaluation, and approval requirements for electric motor-driven mine equipment and accessories.
This final rule provides more flexibility to product designers and manufacturers and will promote the use of innovative and advanced technologies at “gassy” mines, which will, in turn, lead to improvements in mine safety and health. Gassy mines by definition are mines that contain gas, such as methane, which could be hazardous to miners.
The final rule took effect on January 9, 2025, allowing product designers and manufacturers to submit their product applications for MSHA approval under either the incorporated ANSI-approved standards or existing MSHA requirements in subparts B through E of 30 CFR part 18.
MSHA will continue to administer its testing, evaluation, and approval program to ensure electrical equipment used in gassy mines can be safely operated by miners in hazardous environments. This is not listed as a significant priority and is not included in the Regulatory Plan.
Stay Current and Compliant with Fit For Work
Fit For Work is committed to supporting organizations in achieving and maintaining compliance with OSHA standards. Together, we can prioritize the safety and well-being of your workforce while fostering a culture of proactive risk management and compliance excellence. Contact us to learn more.
Forrest Richardson has served as the Safety Division Director for Fit For Work for 20 years. He has over 29 years of experience in environmental health & safety (EHS) compliance management and leads national, regional, and local EHS Compliance services for Fit For Work. Forrest holds the Certified Safety Professional (CSP), Associate Risk Management Enterprise (ARME), and Certified Safety Manger (CSM) certifications. He also facilitates the Fit For Work Safety Specialist professional development track, supporting EHS podcasts, white papers, blogs, and safety newsletters. Forrest proudly served in the United States Army 25th Infantry Division, Big Red One and 1st Calvary 227th Assault Helicopter Divisions. He is a professional member of the American Society of Safety Professionals, serving as chapter president, and supporting national professional development conferences. As a guest speaker he supports national, regional, and local professional development conferences across general, construction, and oil and gas industries.
