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ARTICLE · 14 APRIL 2026

Delay Of Silica Rule Amendments, Pending Judicial Review

The Mine Safety and Health Administration (MSHA) has delayed its standard on respirable crystalline silica pending judicial review.

United StatesEnvironment

MSHA’s recent silica rulemaking publication seeks to clarify compliance obligations. The overview below summarizes the current status of the 2024 Silica Rule and its practical impact on the mining industry.

The Mine Safety and Health Administration (MSHA) has delayed its standard on respirable crystalline silica pending judicial review.

On April 18, 2024, MSHA published its final rule, Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection, 89 Fed. Reg. 28218 (2024 Silica Rule).

The 2024 Silica Rule established a standard for lowering the permissible exposure limit for respirable crystalline silica at mining operations. The rule also amended existing safety and health regulations for metal and nonmetal mines to align with the new exposure limit. MSHA originally scheduled the amendments for metal and nonmetal mine operations to take effect on April 6, 2026 (and for coal mines, April 2025).

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