MSHA Proposes Major Rule Changes to Coal Mine Safety Plan Approvals
The Mine Safety and Health Administration moves to limit discretionary enforcement by district officials, citing legal and constitutional concerns.
- By Stasia DeMarco
- Jul 07, 2025
The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) released three proposed rules on July 1 aimed at revising the criteria for approving safety plans in underground coal mines. The proposed changes, published in the Federal Register, target regulatory provisions that MSHA says may exceed statutory authority and raise constitutional concerns.
The three proposals seek to amend approval processes for roof control plans, ventilation plans, and related discretionary authority previously held by local MSHA officials, known as District Managers.
Removing Discretion from District Managers
Under current regulations, District Managers are permitted to impose additional requirements on mine safety plans that exceed the requirements explicitly outlined in federal regulations. The new proposals aim to eliminate this discretionary authority, citing legal concerns that such practices may:
- Exceed MSHA’s statutory authority,
- Violate the Appointments Clause of the U.S. Constitution, and
- Conflict with the Administrative Procedure Act by sidestepping the formal rulemaking process.
MSHA stated that only requirements subjected to public comment and incorporated into formal regulation should serve as the basis for plan approvals.
Revisions to Roof Control Plan Approval Criteria
One proposed rule revises the process by which roof control plans are approved. These plans are essential for preventing roof collapses in underground coal mines — a persistent safety hazard in the industry.
By removing the ability of District Managers to impose unregulated criteria, MSHA aims to standardize enforcement and reduce operational uncertainty for mine operators. The agency argues the revision will bring the rule in line with statutory and constitutional mandates.
Proposed Changes to Ventilation Plan Requirements
A companion proposal applies similar revisions to the approval of mine ventilation plans, which are critical for managing air quality and mitigating explosion risks in coal mines. The proposal would also prohibit District Managers from requiring additional plan provisions not explicitly supported by the regulation.
The rule is expected to clarify expectations for operators, enhance consistency in MSHA's plan evaluations, and potentially reduce compliance costs.
Legal and Regulatory Justification
All three proposals reflect MSHA’s intent to reinforce adherence to the Administrative Procedure Act. The agency emphasized the importance of ensuring that enforceable requirements are subject to public notice and comment rather than being determined at the discretion of individual agency officials.
Public Comment Period Open
MSHA is currently accepting public comments on all three proposed rules through July 31, 2025. Stakeholders — including mine operators, labor representatives, safety experts, and members of the public — are encouraged to submit feedback through the Federal Register portal.
Submit Comments:
Roof Control Plan Approval Criteria
Ventilation Plan Approval Criteria
General MSHA Rulemakings
About the Author
Stasia DeMarco brings a strong and varied journalism background to her role at Occupational Health & Safety, having previously served as a multimedia editor, broadcast journalist, professor and reviewer across major news organizations. As Content Editor, she writes news and feature articles, hosts sponsor and editorial webinars, co-hosts the SafetyPod worker health and safety podcast, and manages the brand’s digital and social media presence. She is committed to informing and engaging the safety community through compelling reporting and conversations that support safer, healthier workplaces.