03/19/2026
MSHA’s new respirable crystalline silica rule is currently paused for enforcement due to ongoing court litigation. On April 11, 2025, the U.S. Court of Appeals for the Eighth Circuit issued an order staying the rule’s compliance deadlines while it reviews the case. On March 9, 2026, MSHA issued a stakeholder notice stating it will continue to temporarily pause enforcement of the silica rule requirements for mine operators until the litigation is concluded.
Mine operators are not currently being cited or required to comply with the new silica rule deadlines while the legal challenge is pending.
This does not mean silica is no longer a hazard, and it does not mean all dust-related responsibilities have gone away. MSHA’s notice says it does not create or remove rights or duties and does not affect other MSHA or Department of Labor regulations.
On April 11, 2025, the United States Court of Appeals for the Eighth Circuit issued an order staying the Silica Rule’s compliance deadlines until the Court completes a substantive review of the petition. Accordingly, MSHA will continue to temporarily pause enforcement of the requirements in the Si...