MSHA will propose as yet undefined changes to the Workplace Exam Rule amendments adopted on Jan 23, 2017, that require exams prior to work, new records, and communication of exam results. We also expect MSHA will soon issue a further extension of the new rule’s current Oct, 2017 effective date. In the interim, the industry association litigation challenging the rule is fully briefed and awaits an oral argument schedule. Discussions with key officials continue to emphasize the problems caused by the rule amendments and their improper publication, after the President’s regulatory freeze.
