MSHA and NIOSH Developments During the Trump Administration

MSHA and NIOSH Developments During the Trump Administration – There’s More To It Than Meets the Eye Presented By: Ed Green & Monty Cooper June 5, 2019 Wyoming Mining Association Cody, Wyoming Crowell & Moring | 1

Outline • One MSHA • Diesel Exhaust Update • Powered Haulage Update • Miner Health Program • Respirable Coal Mine Dust (RCMD) & Silica Update Crowell & Moring | 2

One MSHA • Began under Assistant Secretary Zatezalo, One MSHA’s mission is to eliminate the historical separation between metal/nonmetal mines and coal mines. Mandate for 4 s (underground) and 2 s (surface) are the same. • Phase One: • Started in Oct. 2018; over 100 mines are now able to be inspected by cross-trained inspectors. • Phase Two: • Has begun; MSHA is re-aligning Field Offices and assigning metal/nonmetal mines to coal Field Offices & vice versa. Crowell & Moring | 3

One MSHA • MSHA’s goal is to improve efficiency across the agency. • Objections have been raised by the U. S. House Appropriations Committee: • The Committee is concerned about merging the “Coal Mine Safety and Health and Metal” and “Nonmetal Mine Safety and Health” budgets. • Believes merger could compromise MSHA’s mission and make workers less safe. • The Committee does not approve consolidation of these two activities in fiscal year 2020 budget request. • Also increases MSHA’s budget from the Administration’s request of $376 million to $417 million, an increase of $41 million as MSHA’s budget has been frozen for the past 6 years. We’ll explain the purpose of this increase shortly. Crowell & Moring | 4

Diesel Exhaust Update • NIOSH-MSHA Diesel Exhaust Health Effects Partnership’s work continues. • Diesel Technology Workshop (January 23, 2019) was a success. Focused on several important areas, including (1) current emissions/control technologies, (2) emission reduction/exposure reduction, and (3) current barriers to deployment of technologies. • MSHA’s Diesel Exhaust RFI comment period has been extended to Sep. 25, 2020; MSHA now considers Diesel Exhaust proposed rulemaking to be a long-term action, with no rulemaking in sight. Crowell & Moring | 5

Powered Haulage Update • Informal and Formal Requests for Information (RFI): • MSHA has informally requested best-practice advice re powered haulage safety for years (e. g. , for MSHA quarterly meetings); • MSHA formally issued an RFI re powered haulage safety; received comments in December 2018; • MSHA’s Powered Haulage Safety Initiative • MSHA provides safety practice information on its website (www. msha. gov). Crowell & Moring | 6

Powered Haulage Update • MSHA will issue a proposed rule in March 2020 re a potential safety program for mobile equipment at surface mines and surface areas of underground mines. Crowell & Moring | 7

Miner Health Program • A new NIOSH campaign to examine long-overlooked occupational health hazards to which miners are exposed • Fills knowledge gap re noncoal-mining sectors (e. g. , metal, industrial minerals, and stone, sand & gravel) • Currently, no comprehensive or narrowly focused healthsurveillance system exists for these populations Crowell & Moring | 8

Miner Health Program • Short-term goals • Establish stakeholder engagement • Increase capacity to conduct health research • Form partnerships and collaborations • Long-term goals • Established, versatile health program • Informed national view of health across mining sector Crowell & Moring | 9

Miner Health Program 2019 MSHRAC Miner Health Workgroup – Sep. 5 -6, Seattle, WA • Goal: Address the following issues: • Determine gaps that exist in miner health research • Determine mechanisms that can be established to improve communication of and participation in occupational health research • Determine goals to measure the program’s success Crowell & Moring | 10

Respirable Coal Mine Dust (RCMD) & Silica Update • NIOSH’s Draft Response to the National Academy of Sciences (NAS) • NIOSH prepared responses to NAS recommendations on monitoring/sampling approaches to assess underground coal mine dust exposures. • NAS’s theme/recommendation: Stakeholders need to work together to address issues related to RCMD exposure. • NIOSH’s response: NIOSH and MSHA plan to establish an RCMD Partnership to focus research and provide solutions to stakeholders. Crowell & Moring | 11

Respirable Coal Mine Dust (RCMD) & Silica Update • NIOSH’s Draft Response to the National Academy of Sciences (NAS) • NAS’s recommendation: Develop a real-time crystalline silica monitor. • NIOSH’s response: NIOSH has awarded two contracts with academia and industry to develop such a monitor; it is also developing a field-based silica monitoring approach. Crowell & Moring | 12

Respirable Coal Mine Dust (RCMD) & Silica Update • MSHA’s Respirable Crystalline Silica (Quartz) Request For Information • Slated for publication in July 2019. • Solicits information and data on the best ways to protect miners’ health from exposure to quartz in respirable dust. • Information requested includes an examination of an appropriately reduced permissible exposure limit, potential new or developing protective technologies, and technical/educational assistance. Crowell & Moring | 13

Respirable Coal Mine Dust (RCMD) & Silica Update • Other Key Issues for Consideration • Will MSHA develop a crystalline silica rule like that for OSHA? • House Appropriations Committee explains its $41 million increase to “support MSHA’s enforcement of the 2014 [RCMD rule] and expanded monitoring of operator compliance with its existing silica rule. ” The amount should include “develop[ment of] a more protective silica monitoring standard. ” • June 20, 2019 – upcoming oversight hearing before the House Workforce Protective Subcommittee on “Silicosis in Coal Mines” Crowell & Moring | 14

Questions? Crowell & Moring | 15