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WTO notification · TBT

United StatesWithdrawn, lifted or repealed, according to its latest notice

Personal protective equipment – United States

Official title

Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

The United States issued an addendum on 8 April 2026 to the earlier TBT notification G/TBT/N/USA/2017. Addenda often report that a measure was adopted, changed, postponed or withdrawn. The measure was first notified on 14 July 2023. The comment period closed on 11 September 2023.

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Source: WTO ePing (opens in a new tab). Summaries by Expodite, which is independent of the WTO.

Published here:

Updated here:

At a glance

Products

Respiratory protection for all airborne hazards; Occupational safety. Industrial hygiene; Respiratory protective devices

Notifying member
United States(United States of America)
Status
Withdrawn, lifted or repealed, according to its latest notice
Objectives
  • Protection of human health or safety
Area
TBT: Technical product rulesTechnical barriers to trade
Notification type
Regular notification
Document symbol
G/TBT/N/USA/2017Latest notice: G/TBT/N/USA/2017/Add.4
ICS classification
  • 13.340.30 Respiratory protective devices

Key dates

Distributed by the WTO
Comment deadline
Closed on 11 September 2023
Proposed adoption
To be determined
Proposed entry into force
To be determined

What the notification says

Latest notice (⁨G/TBT/N/USA/2017/Add.4⁩, 8 April 2026)

The latest notice says the measure was withdrawn, lifted or repealed, in whole or in part.

Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

Final rule; delay of effective date - The Mine Safety and Health Administration (MSHA), Department of Labor, is issuing this notification following a judicial stay of the compliance deadlines established in the 2024 final rule published at 89 FR 28218 on 18 April 2024 titled 'Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection' (2024 Silica Rule). The 2024 Silica Rule (correction published 24 June 2024) made conforming amendments for metal and nonmetal (MNM) standards that are scheduled to take effect on 8 April 2026. Since a judicial stay is in effect, this notification delays the conforming amendments indefinitely, pending judicial review. In accordance with the Court order, MSHA will continue to enforce the existing standards in 30 CFR 56.5001, 56.5005, 57.5001, and 57.5005 indefinitely, until the Court-ordered stay is terminated and there is a resolution on how to proceed. MSHA will also delay enforcement of the conforming amendments in 30 CFR 56.5001T, 56.5005T, 57.5001T, and 57.5005T until that time. 91 Federal Register (FR) 17143, 30 Code of Federal Regulations (CFR) Parts 56 and 57: This final rule; delay of effective date and other actions notified under the symbol G/TBT/N/USA/2017 are identified by Docket Number MSHA-2023-0001. The Docket Folder is available from Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by…

Proposed rule; request for comments; notice of public hearings on 3 August 2023 in Arlington, Virginia and 21 August 2023 in Denver, Colorado - The Mine Safety and Health Administration (MSHA) proposes to amend its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards. MSHA has preliminarily determined that under the Agency's existing standards, miners at metal and nonmetal mines and coal mines face a risk of material impairment of health or functional capacity from exposure to respirable crystalline silica. MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air ([micro]g/m\3\) for a full shift exposure, calculated as an 8-hour time-weighted average, for all miners. MSHA's proposal would also include other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal miners. Furthermore, the proposal would replace existing requirements for respiratory protection and incorporate by reference ASTM F3387-19 Standard Practice for Respiratory Protection. The proposed uniform approach to respirable crystalline silica occupational exposure and improved respiratory protection for all airborne hazards would significantly improve health…

Notices on this measure

Every notice about this measure published here, newest first. Each one is the notifying member's own text.

  1. AddendumG/TBT/N/USA/2017/Add.4

    Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

    Final rule; delay of effective date - The Mine Safety and Health Administration (MSHA), Department of Labor, is issuing this notification following a judicial stay of the compliance deadlines established in the 2024 final rule published at 89 FR 28218 on 18 April 2024 titled 'Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection' (2024 Silica Rule). The 2024 Silica Rule (correction published 24 June 2024) made conforming amendments for metal and nonmetal (MNM) standards that are scheduled to take effect on 8 April 2026. Since a judicial stay is in effect, this notification delays the conforming amendments indefinitely, pending judicial review. In accordance with the Court order, MSHA will continue to enforce the existing standards in 30 CFR 56.5001, 56.5005, 57.5001, and 57.5005 indefinitely, until the Court-ordered stay is terminated and there is a resolution on how to proceed. MSHA will also delay enforcement of the conforming amendments in 30 CFR 56.5001T, 56.5005T, 57.5001T, and 57.5005T until that time. 91 Federal Register (FR) 17143, 30 Code of Federal Regulations (CFR) Parts 56 and 57: This final rule; delay of effective date and other actions notified under the symbol G/TBT/N/USA/2017 are identified by Docket Number MSHA-2023-0001. The Docket Folder is available from Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by…

  2. CorrigendumG/TBT/N/USA/2017/Add.3/Corr.1

    Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

    The Mine Safety and Health Administration (MSHA) is correcting typographical and printing errors in the 'Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory'' final rule that was published in the Federal Register on 18 April 2024. The April 2024 final rule amended the Agency's existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants. These corrections are effective 24 June 2024, and applicable beginning 17 June 2024. 89 Federal Register (FR) 52380 on 24 June 2024, Title 30 Code of Federal Regulations (CFR) Parts 56, 57, 60, 70, 71, 72, 75, and 90: This final rule; correction and other actions notified under the symbol G/TBT/N/USA/2017 are identified by Docket Number MSHA-2023-0001. The Docket Folder is available from Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number.

  3. AddendumG/TBT/N/USA/2017/Add.3

    Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

    The Mine Safety and Health Administration (MSHA) is amending its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants. MSHA's final rule also includes other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when a miner's exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal mines. Effective date: The final rule is effective 17 June 2024, except for amendments 21, 22, 25, 26, 27, 30, 31, 34, 35, 36, 38, 39, 42, 43, 46, 47, 50, 51, 54, 55, 59, 60, 63, 64, 68, 69, 73, 74, 77, 78, 81, 82, 83, 86, 87, 90, 91, 94, 95, 98, 99, 102, 103, 106, 107, 110, and 111, which are effective 14 April 2025, and amendments 4, 5, 8, 9, 13, 14, 17, and 18, which are effective 8 April 2026. Incorporation by reference date: The incorporation by reference of certain materials listed in the rule is approved by the Director of the Federal Register beginning 17 June 2024, except for the material in amendment 60, which is approved beginning 14 April 2025, and the material in amendments 9 and 18, which is approved beginning 8 April 2026. The incorporation by reference of certain other material listed in the rule was approved by the Director of the Federal Register as of 10 July 1995. Compliance dates: Compliance with this final rule is required 14…

  4. AddendumG/TBT/N/USA/2017/Add.2

    Comment deadline: Closed on 11 September 2023

    Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection - Proposed rule; extension of comment period.

    The Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule entitled Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection published in the Federal Register on 13 July 2023 [notified in G/TBT/N/USA/2017], with an established public comment period that is scheduled to end on 28 August 2023. In response to requests for additional time to develop and submit comments on the proposed rule, MSHA is extending the comment period for an additional 15 days—that is, from 28 August 2023 to 11 September 2023. This proposed rule; extension of the comment period and earlier actions notified under the symbol G/TBT/N/USA/2017 are identified by Docket Number MSHA-2023-0001. The Docket Folder is available from Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders by 4pm Eastern Time on 11 September 2023 will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

  5. AddendumG/TBT/N/USA/2017/Add.1

    Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

    TITLE: Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection AGENCY: Mine Safety and Health Administration, Labor ACTION: Proposed rule; notice of public hearings SUMMARY: The Mine Safety and Health Administration (MSHA) will hold three public hearings on the proposed rule, Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection. The proposed rule was published on 13 July 2023 and is available at and MSHA's website at The proposed rule would amend MSHA's existing standards to better protect miners against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards. In response to requests from the public, MSHA will hold a third public hearing on the Silica proposed rule, in addition to the two public hearings announced in the notice of proposed rulemaking. The Agency believes that the public would benefit from a third hearing which would allow the public an additional opportunity to present their views in a location accessible to miners, mine operators, and other members of the public. DATES: Hearings will be held on the following dates: 3 August 2023 (Arlington, Virginia), 10 August 2023 (Beckley, West Virginia), and 21 August 2023 (Denver, Colorado). Post-hearing comments must be received or postmarked by midnight (Eastern Time) on 28 August 2023. WTO Members and their stakeholders are asked to submit comments…

  6. Regular notificationG/TBT/N/USA/2017

    Comment deadline: Closed on 28 August 2023

    Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

    Proposed rule; request for comments; notice of public hearings on 3 August 2023 in Arlington, Virginia and 21 August 2023 in Denver, Colorado - The Mine Safety and Health Administration (MSHA) proposes to amend its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards. MSHA has preliminarily determined that under the Agency's existing standards, miners at metal and nonmetal mines and coal mines face a risk of material impairment of health or functional capacity from exposure to respirable crystalline silica. MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air ([micro]g/m\3\) for a full shift exposure, calculated as an 8-hour time-weighted average, for all miners. MSHA's proposal would also include other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal miners. Furthermore, the proposal would replace existing requirements for respiratory protection and incorporate by reference ASTM F3387-19 Standard Practice for Respiratory Protection. The proposed uniform approach to respirable crystalline silica occupational exposure and improved respiratory protection for all airborne hazards would significantly improve health…

Sources

Expodite writes its summary from the official record. The notification and the documents it notifies are on the WTO's own websites.

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