Delay workplace rule says association

The National Stone, Sand and Gravel Association is encouraging members to respond to the MSHA request for comments about delays to the workplace exams rule

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

The association 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.

The National Stone, Sand and Gravel Association is currently litigating the rule, and suggests that members use the following points in their comments:

  • 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.
  • Once the rule is in effect, aggregates operations will require compliance assistance from MSHA.
  • The rule is still vague on what constitutes a working place, conditions that may adversely affect safety and prompt notification.
  • The rule should be delayed indefinitely until it’s status is finalized.

Comments should refer to rule RIN 1219-AB87 and  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.

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