Update on OSHA’s Walkaround and Silica Rules

The Occupational Safety and Health Administration (OSHA) has broadened its walkaround rule, allowing a wider range of individuals to accompany an OSHA compliance officer during workplace inspections. Meanwhile, the US Mine Safety and Health Administration (MSHA) has introduced a silica rule that requires mines to reduce workers' exposure to breathable silica by half. Both rules are currently being contested in courts, and neither lawsuit has seen substantial progress this year, leaving their futures uncertain. In MSHA’s case, the parties involved have requested another extension from the US Court of Appeals for the Eighth Circuit to delay the enforcement of the rule while they work towards a resolution. Although MSHA announced a temporary enforcement pause, the appeals court temporarily blocked this enforcement in April. Nevertheless, mine operators should prepare for compliance with the rule, as the court could lift the stay at any moment.

The challenge to the silica rule centers on MSHA’s restrictions on how mine operators can limit their employees’ exposure to silica dust. The mine trade associations argue that the agency arbitrarily restricts job rotations and the use of respirators to reduce silica exposures, making compliance unfeasible. In contrast, the legal challenge to the walkaround rule focuses on whether OSHA has the authority to implement this change and whether big businesses can demonstrate that having more individuals present during inspections would cause them harm.