April 3, 2026 - For those of us who spend a great deal of time watching developments in the mine safety world, this is a fascinating moment.

There are a lot of things currently in the mix – or on the not-too-distant horizon – that could significantly change the compliance and enforcement landscape moving forward. We’ve seen some of these things coming for a long time, while others popped up without any warning. All of them have the attention of the industry.

Six things to watch

- Crystalline silica rule. The crystalline silica rule is certainly not sneaking up on anyone. But for a rule that became final in April 2024 and was supposed to take effect for metal/nonmetal mine operators this month, it has turned out to be nowhere near final.

An industry legal challenge in federal court has indefinitely postponed the effective date of the standard. Additionally, MSHA leadership announced that it is working on revisions to the rule. It is anticipated that a notice of proposed rulemaking will be published sometime in the next few months.

Everyone is watching to see if this rulemaking will include revisions to the restrictions on mine operators’ use of administrative controls and personal protective equipment for compliance.

- S&S criteria. In September 2025, a two-member majority of the then-three-member Federal Mine Safety & Health Review Commission in Consol Pennsylvania Coal Company announced a new test for determining whether a violation is significant and substantial (S&S). By all accounts, this new test would substantially lower the threshold for S&S and increase the number of S&S citations issued.

It was immediately challenged by the industry in federal court. MSHA did not ask for this new test, and it appears it is not being enforced nationwide while the appeal is pending. As of press time, no decision has been issued.

- ALJ authority to reject settlement agreements. Another case everyone is watching is a joint Department of Labor/multi-operator appeal in federal court: Secretary of Labor v. Knight Hawk Coal. This is a Review Commission decision finding that administrative law judges (ALJs) have the authority to reject settlement agreements.

The solicitor’s office has challenged this decision, arguing that this impinges on its prosecutorial powers. As of press time, there is also no decision yet.

- Wayne Palmer. Longtime readers know that we’ve suggested in the past that the Mine Safety & Health Administration (MSHA) must break the cycle and have an assistant secretary with experience on the metal/nonmetal side of the mining industry. That has now happened with the confirmation of Wayne Palmer to head MSHA.

Arguably, that experience has already had an impact in MSHA’s decision to revisit industry concerns regarding burdensome and infeasible silica compliance procedures under the new rule, as well as to embrace the industry’s call to modernize regulations to support innovative technology.

- Predictive enforcement and AI. In his Jan. 22 congressional hearing, Palmer indicated that MSHA is focusing closely on employing new technologies in its enforcement efforts. It was suggested that this will include an AI platform that will be designed to predict mine safety hazards that will direct inspectors’ enforcement focus.

Palmer also indicated that this predictive AI data will be integrated into inspector “smart helmets.” He says MSHA is planning to start field testing these helmets soon.

Additionally, Palmer noted that the agency is going to enhance its ability to utilize drone and 3D imaging technology as an enforcement tool.

- Updating procedures and guidance. There has been some indication that MSHA is considering changes to its informal conference procedure. Specifically, it has been suggested that the agency might start assigning conferences to CLRs outside of the district where the mine operator is located.

Reaction to this possible change appears to be mixed. While this might offer the prospect for a more neutral arbiter, it reduces the opportunity for operators to develop a dialogue with the district about their good faith efforts to promote safety.

Final thoughts

All of these issues warrant continued attention. Those of us who have gotten used to the status quo in the MSHA enforcement world could be in for a significant jolt to the system.