What MSHA's Deregulatory Push Means for Surface Mines
August 17, 2026 - In July 2025, the Mine Safety & Health Administration (MSHA) published a package of proposed rules addressing 18 mine safety standards.
The proposals were framed as deregulatory actions designed to remove or modernize requirements the agency viewed as outdated, duplicative or tied to equipment and practices no longer common in the industry.
For metal/nonmetal surface operators, the most relevant proposals involve blacksmith shops, surface drilling, aerial tramways, trolleys and hazard communication.
The remaining proposals in the package primarily address underground coal mines. They are also less directly relevant to surface metal/nonmetal operators, although the overall direction of the rulemaking effort is worth watching.
What has changed
The most material development for surface metal/nonmetal operators to date is the elimination of the blacksmith shop rule.
MSHA proposed eliminating blacksmith shop requirements for surface areas of underground metal/nonmetal mines, explaining that the standard had become obsolete. Further, the hazards associated with these types of fabricating and forging facilities were deemed to be covered by other regulations.
That proposal has now been finalized, with an effective date of July 27, 2026. Most operators will not need to take any compliance steps. The rule simply removes an obligation already irrelevant to modern operations.
That rule was one of four July 2025 proposals MSHA has moved to final rule status. The other three involve underground coal standards for flame safety lamps, diesel particulate matter emission limits and conveyor belts.
What is still pending
Several other proposals remain pending but would matter to surface metal/nonmetal operators if finalized.
MSHA proposed rescinding certain drilling requirements – including drill equipment maintenance and pre-drilling inspections – on the grounds that those obligations are already covered in Part 56.
Currently, operators must inspect drilling areas before work begins and maintain drill equipment in safe operating condition under specific regulatory provisions. If finalized, those standalone requirements would be eliminated, though the underlying safety obligations would remain under other Part 56 standards.
The agency also proposed removing duplicative aerial tramway provisions and eliminating trolley-related standards, which it described as legacy requirements for transportation systems displaced by modern haulage practices.
A hazard communication proposal would allow operators to provide miners electronic access to HazCom materials at no cost. Under current rules, operators must maintain paper copies of safety datasheets and other HazCom materials at the mine site. The proposed change would let operators satisfy that obligation through electronic access, reducing paper-based compliance burdens while preserving miners’ access to chemical hazard information.
Based on the administration’s stated deregulatory priorities, final action on these proposals could come relatively quickly.
Where the pushback is
Since the initial comment periods closed, the public rulemaking record has shown a mixed response.
Several narrow proposals drew limited opposition, and MSHA has already finalized the blacksmith shop rule and several coal-specific measures.
Other proposals have drawn more scrutiny, especially those that would limit district manager authority over mine plans and training requirements.
The concerns raised in public comments center on whether removing district manager discretion could weaken site-specific safety oversight – particularly in situations where local conditions warrant additional protective measures beyond the baseline regulatory requirements. Those issues are more relevant to underground coal, but they signal where the industry is watching.
What to watch
For metal/nonmetal operators, the deregulatory package is moving – but unevenly.
The blacksmith shop rule is final. The drilling, aerial tramway, trolley and HazCom proposals remain ones to watch. If finalized as proposed, those rules would not create a wholesale rewrite of surface metal/nonmetal compliance obligations. But they could simplify several narrow standards and give operators more flexibility in how they maintain records and provide required safety information.
In the meantime, operators do not need to change their compliance programs based on pending proposals. The prudent approach is to continue following current standards, monitor the Federal Register for final rule announcements and be prepared to update policies and training once new rules take effect.
Given the pace of the administration’s deregulatory agenda, operators should not be surprised if final action on several of these proposals comes sooner rather than later.