The Mine Safety and Health Administration (MSHA) has proposed the Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance rule. [73 Fed. Reg. 52136 (September 8, 2008).]
Advocacy hosted a small business roundtable on October 30 to discuss the proposed rule and listen to the concerns of small mining operators.
Small business representatives were concerned that MSHA’s rule would disrupt their existing drug and alcohol programs, and many preferred that MSHA adopt a performance standard that establishes mandatory, minimum requirements for a drug and alcohol program and leaves it to the mine operator to implement. They also felt that MSHA has understated the cost of the proposed rule, and that MSHA lacked sufficient data about drug and alcohol use at mines or the degree to which drugs and alcohol have been contributing factors in mine fatalities and injuries.
We would be interested in any feedback you have about the proposed rule or our comments.
—Bruce Lundegren, Assistant Chief Counsel