MSHA’s New Respirable Silica Rule: Compliance Required by April 2026
By James I. Anderson, Esq.
What Mine Operators Need to Know About MSHA’s Respirable Silica Rule
The Mine Safety and Health Administration (MSHA) published its final respirable silica rule, Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection (the “Final Rule”), on April 18, 2024. This new regulation aims to reduce miners’ exposure to respirable crystalline silica — a well-known cause of serious respiratory diseases such as silicosis and lung cancer.
With the compliance deadline for metal and nonmetal surface mines set for April 8, 2026, now is the time for mine operators to prepare and implement necessary measures. Understanding the key requirements and deadlines is essential to avoid costly violations and enforcement actions.
Key Requirements of MSHA’s Final Silica Rule
The Final Rule implements several measures to reduce silica dust exposure and improve respiratory protection for miners:
Permissible Exposure Limit (PEL): Lowered to 50 micrograms per cubic meter (µg/m³) over an 8-hour time-weighted average.
Action Level: Triggered at an action level of 25 µg/m³ or higher, requiring exposure monitoring and early intervention.
Exposure Monitoring: Mandatory routine sampling to detect silica dust concentrations at or above the action level.
Corrective Actions: Prompt implementation of engineering and administrative controls to reduce silica exposure below the PEL. Respiratory protection must be provided when controls are insufficient.
Updated Respiratory Protection Standards: If respirators are required, incorporates the ASTM F3387-19 standard for selecting, using, and maintaining respiratory protective equipment in mining environments.
Respiratory Controls and Medical Surveillance: Requires effective dust control technologies and ongoing health screenings to monitor miners for silica-related health effects.
Recordkeeping: Detailed records of monitoring, controls, respiratory protection, and medical surveillance must be kept for at least five years.
What This Means for Mine Operators
By April 8, 2026 metal and nonmetal surface mine operators must:
Begin routine exposure monitoring for respirable silica dust and maintain ongoing sampling schedules;
Increase sampling frequency if initial results exceed the action level (25 µg/m³);
Immediately implement corrective actions when exposures surpass the PEL, including requiring respiratory protection and adjusting controls;
Keep comprehensive documentation to demonstrate compliance during MSHA inspections.
Why Early Planning for Compliance Matters
Now is the time to develop a tailored plan for the new requirements — ideally in consultation with legal counsel and compliance experts. Early preparation helps ensure mine operators meet the compliance deadline and avoid serious consequences. Failure to comply with MSHA’s silica rule can result in:
Costly enforcement actions, including citations and fines.
Increased long-term health risks for miners, such as silicosis and lung disease.
Disruptions to mining operations, including potential work stoppages.
Need Guidance on MSHA’s New Silica Rule?
At Everview, our attorneys advise clients on compliance with MSHA regulations and workplace health and safety requirements. If you’re evaluating your silica exposure controls or preparing for the April 2026 deadline, contact James Anderson to discuss your MSHA compliance strategy.
This post is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your operation, please consult Everview attorneys directly.
