No U.S. Vaccine Mandate for Mining Operations; Strong COVID Prevention Program Encouraged

In brief

Although the federal emergency temporary standard (ETS) requiring employers with 100 or more employees to establish vaccine mandates or alternative weekly testing requirements does not apply to mining operations, operators should have a strong COVID Prevention Program in place.

In detail

President Biden announced in September that the U.S. Occupational Safety and Health Administration was developing an emergency rule that would require employers with 100 or more employees to establish vaccine mandates or alternative weekly testing requirements.

After conferring with the White House, the Mine Safety and Health Administration (MSHA) said Wednesday that the ETS does not apply to mining operations and that it won’t require COVID vaccinations or weekly testing.

Still, MSHA will hold operators responsible for robust protections. Though it has not adopted enforceable safety rules specific to COVID, MSHA has issued hundreds of citations to mine operators for failing to take precautions to prevent COVID transmission.   “If we find that a mine is [in] a situation where they are spreading COVID, we are able to temporarily shut them down,” said MSHA Deputy Assistant Secretary Jeannette Galanis.

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

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