COMMENT PERIOD FOR PROPOSED EXTENSION OF EFFECTIVE DATE FOR WORKPLACE EXAM RULE CLOSES TUESDAY, SEPTEMBER 26, 2017
September 24, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 19
©2017 Jackson Kelly PLLC
Metal/non-metal operators are reminded that that deadline for submitting comments in response to the Mine Safety and Health Administration’s (“MSHA”) proposed extension of the effective date for the Workplace Examination standard is Tuesday, September 26, 2017. MSHA has proposed extending the Rule’s effective date from October 2, 2017 to March 2, 2018. MSHA published the request for comment on this proposed extension in the Federal Register on September 12, 2017.
Concurrent with the publication of the proposed extension, MSHA published two proposed amendments to the Workplace Examination standard, which address when examinations must be conducted and what must be included in the examination record, respectively. Comments on the proposed substantive amendments are due November 13, 2017.
Operators and other interested parties are encouraged to submit comments in response to the proposed extension of the effective date to ensure that implementation of the Rule is, in fact, extended beyond October 2, 2017. Information on the proposed extension and how to submit comments can be found here: https://www.federalregister.gov/documents/2017/09/12/2017-19380/examinations-of-working-places-in-metal-and-nonmetal-mines.
In considering whether March 2, 2018, is sufficient, commenters should consider whether that timeframe will allow MSHA to promulgate an amended rule in response to the proposed amendments and conduct the compliance assistance that it has proposed would occur prior to implementation of the Rule.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com
The Jackson Kelly PLLC Occupational Safety & Health News-Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety & Health News-Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.
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