Federal Mine Safety and Health Commission Decision Alters “Significant and Substantial” Standard
By James Anderson, Esq.
On September 19, 2025, the Federal Mine Safety and Health Review Commission (“FMSHRC”) issued a decision that redefines the “Significant and Substantial” (“S&S”) standard under Section 104(d) of the Federal Mine Safety and Health Act (30 U.S.C. § 814(d)(1)). The case, Secretary of Labor, Mine Safety and Health Administration v. Consol Pennsylvania Coal Co., 2025 WL 2753651, involved the review of S&S designations issued by MSHA. Of particular importance is the Commission’s revised interpretation of the S&S standard.
In its decision, the FMSHRC stated that the new standard aligns more closely with the text of the Mine Act — specifically Section 104(d) — and discards the longstanding four-factor test developed through prior case law, namely Mathies and Peabody. Going forward, to issue or uphold an S&S finding, the relevant inquiry is whether the violation “is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard.”
Key Features of the Revised “S&S” Standard
The most notable change is the Commission’s departure from the well-established four-part test. Under that framework, MSHA was required to prove:
(1) an underlying violation of a mandatory safety standard;
(2) a discrete safety hazard — that is, a measure of danger to safety — contributed to by the violation;
(3) a reasonable likelihood that the hazard contributed to will result in an injury; and
(4) a reasonable likelihood that the injury in question will be of a reasonably serious nature.
The new standard eliminates this structured test in favor of a more direct statutory approach. Now, MSHA need only demonstrate that the violation “is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard.”
What Does This Mean for Mine Operators?
This shift lowers the threshold for establishing S&S violations. The removal of the detailed four-part analysis may make it easier for inspectors to issue — and for MSHA to defend — S&S designations. Whether this will lead to an increase in the number of S&S citations remains to be seen.
Need Compliance Guidance?
Everview advises clients on all aspects of mining law, including MSHA compliance and health and safety matters. For assistance evaluating MSHA citations or preparing for inspection and enforcement issues, contact James Anderson at Everview Law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance specific to your operation or jurisdiction, please consult directly with an Everview attorney.
