Federal Mine Operator COVID Safety Requirements

In brief

Mine operators looking to protect their workforces, promote business continuity, and avoid citation should implement a COVID Prevention Program at each mine.

In detail

The federal Mining Safety and Health Administration (MSHA) has not adopted enforceable safety rules specific to COVID, but has issued hundreds of citations to mine operators for failing to take precautions to prevent COVID transmission.   

MSHA asserts that existing health and safety standards - including sanitation, training, workplace examination, safeguarding and personal protection equipment (PPE) standards – already require mine operators to protect against COVID transmission, and recommends that mine operators have in place a COVID Prevention Program.

MSHA has come under some criticism for failing to turn its recommendations into enforceable standards.  Following the refusal of one federal appeals court to force MSHA to adopt such standards, West Virginia Senators Joe Manchin and Shelley Moore Capito, with the support of the United Mine Workers, introduced the “COVID-19 Mine Worker Protection Act”, which would direct MSHA to develop and implement an effective infectious disease exposure control plan, provide PPE to miners, and track and investigate infections at mines.  The bill is currently pending hearing before the House Committee on Education and Labor.

Everview can assist mine operators to create and implement an effective COVID Prevention Program.  MSHA has developed a guidance document that outlines key elements that should be included in your program. We’ve made the guidance document available for download here.