The effective date for the MSHA Examinations of Working Places Rule has been extended by the agency to October 2, 2017. NSSGA had requested an indefinite extension until the rule’s legal status is determined. In addition to providing comments and working with other aligned stakeholders, NSSGA also briefed lawmakers with Congressional oversight of MSHA in an effort to bring attention to the ill-advised rule.
One lawmaker who seems to be paying attention to the rule’s implications is Congressman Bradley Byrne (R-AL). Byrne is a member of the House Committee on Education and Workforce and Chairs the Subcommittee on Workforce Protections. Byrne submitted powerful comments to MSHA asserting that the agency should review the rule for its “effectiveness,” and that future regulatory actions should actually be able to demonstrate quantifiable benefits. NSSGA applauds the comments of Byrne and looks forward to further oversight from the Subcommittee.
NSSGA has also filed a legal challenge in the Eleventh Circuit Court of Appeals. Initial briefs in the case will be submitted by June 12, 2017. Formal notification of MSHA’s extension will appear in the Monday, May 23 edition of the Federal Register.