MSHA Hearing Standard Challenged

Dec. 8, 1999
NMA is requesting a federal court review of the MSHA hearing protection standard.

When it comes to new standards, one little word can make a huge difference.

The National Mining Association (NMA) has filed a petition requesting that a federal court review the new U.S. Mine Safety and Health Administration's (MSHA) standard that requires increased hearing protection for miners.

The new standard requires companies to implement "all feasible engineering and administrative controls" when the noise level exceeds 90 decibels, explained Mike Duffy, a spokesman for NMA. The old standard called for feasible engineering or administrative controls.

"In other words, the standard states no credit shall be given for the use of personal hearing protection," said Duffy. "So you are never in compliance if you've got a piece of equipment that cannot be engineered down below 90 decibels" even though in the preamble to the new standard MSHA admits some mining equipment cannot be brought below 90 decibel level.

NAM does not think MSHA has been clear in what is technically and economically feasible, Duffy added. The NMA filed its petition Nov. 10; two other industry groups and the United Mineworkers of American have also filed separate petitions challenging the new rule.

"The agency will be coming out with a compliance guide and instructional material on implementation of the rule in the coming months," said Ed Clair, associate solicitor at MSHA. It is not the agency's policy, he added, to comment on the substance of any matter that is being litigated.

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EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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