Nearly nine months ago, President Trump took his oath of office for the second time.
Since his inauguration, the administration has actively worked to restructure the federal government, particularly the executive branch, which includes the Department of Labor, as part of its efforts to improve government efficiency. The Mine Safety & Health Administration (MSHA) has not been immune to these changes.
We have seen MSHA’s young inspectors terminated and then rehired, the number of MSHA offices set to close reduced from more than two dozen to just four and the early retirement or departure of a significant percentage of MSHA’s inspectors, conference litigation representatives, managers and national office personnel.
During these transitional times, the agency has yet to install its entire new leadership team. The administration appointed James McHugh as deputy assistant secretary and acting assistant secretary; he currently leads MSHA. We have yet to see Wayne Palmer confirmed by the Senate as assistant secretary of MSHA since he was moved out of committee in April. Usually, we do not know the agency’s take on the vision of the new administration until its confirmed leader is in place. That theory applies to date as well.
Which begs the question: What have we seen from MSHA throughout 2025?
The year so far
Despite the challenges of transitioning to new leadership and the loss of personnel, MSHA remains active in the field and with rulemaking. MSHA’s inspectors continue to complete their “twos and fours.” Still, many mines are dealing with new inspectors, new field offices and new districts.
In the field, these transitions present challenges to operators, as new inspectors and managers bring with them new interpretations of standards and expectations for compliance. Operators must remain actively engaged in inspections. It is equally important that if an inspector presents an understanding that the mine has not seen before, the operator seeks clarification and considers challenging the enforcement action.
For years, the industry has advocated for greater consistency with MSHA enforcement. While the standards enforced by MSHA and the agency’s policy and enforcement guidance are the same throughout the country, inconsistencies remain a challenge. Operators with locations throughout the country or across multiple districts often experience these inconsistencies first-hand. These instances are common when inspectors move from coal to metal/nonmetal mines.
With rulemaking, MSHA began its deregulation efforts with an initial set of 18 proposed rules to modernize outdated standards. This aligns with instructions from the White House through a series of executive orders since President Trump took office earlier this year. Interestingly, in this list, MSHA proposed a rule that would limit the authority of its district managers. District managers have historically exercised significant discretion when running their section of MSHA, and this is often felt in their denials or demands for modifications to plans that require approval. Frustratingly, for national operators and contractors, the approval process may require varying requirements from different districts. This rule seeks to limit these inconsistencies.
Concerning prior rulemaking, MSHA’s final silica rule from 2024 remains in limbo. Challenges to the rule continue to move forward. The Eighth Circuit has issued a judicial stay delaying the rule’s enforcement. The rule originally was meant to go into effect this past April for the coal industry, and in April 2026 for all remaining mines. The litigation has stayed enforcement of the rule for the time, but MSHA inspectors continue to push operators to move towards compliance.
Historically, in the first year of an administration, little of significance happens at MSHA. The agency continues its mission, but little else. This year, the agency has continued its enforcement mission. Still, it has also experienced significant personnel changes and is already actively working on its deregulatory agenda.
Operators should remain optimistic that practical modifications will occur at MSHA, along with further guidance and interpretations from the national office. It remains to be seen how significant these changes will be. In the meantime, keep in mind that MSHA will continue to conduct inspections.
Nick Scala is an MSHA/OSHA workplace safety partner at Conn Maciel Carey LLP, and chair of the firm’s National MSHA Practice Group. He can be reached nscala@connmaciel.com.
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