MSHA to Hold Hearing About Proposed Rule on PAPRs in Underground Mines
MSHA has reopened the rulemaking record and will hold a virtual public hearing about a proposed rule regarding powered air-purifying respirators (PAPRs) in underground mines. The proposed rule, which was published in July 2025, would codify certain technical specifications and working conditions to allow the use of “non-permissible PAPRs” in underground gassy mines. Non-permissible PAPRs are those that have not been evaluated and approved by MSHA using requirements outlined in the 30 CFR part 18. These requirements are intended to ensure that electric motor-driven mine equipment and accessories “are designed and manufactured so that they will not emit a spark strong enough, or temperature sufficient to cause a fire or explosion” in gassy mines or tunnels, as explained in the Federal Register notice announcing the proposed rule. Under the current requirements, MSHA must approve PAPRs before they can be used in gassy mines.
“Currently, there are no permissible PAPRs commercially available in the U.S. market,” the agency’s Federal Register notice states. “Mine operators must seek MSHA approval for the use of PAPRs in underground mines by filing petitions for modification under 30 CFR part 44,” which outlines the rules of practice for petitions for modification of mandatory safety standards.
MSHA’s proposed rule is intended to make it so that mine operators will no longer need to file petitions for modification as it would allow the use of PAPRs in specified underground areas of gassy mines. The proposal “would also establish requirements for the features and maintenance of non-permissible PAPRs,” according to the Federal Register notice about the reopening of the rulemaking record.
MSHA received a request for a public hearing during the previous public comment period for the proposed rule, which prompted the agency to schedule the upcoming hearing. The virtual public hearing will begin at 9 a.m. ET on Nov. 17, and stakeholders from industry, labor, and other interested parties will have the opportunity to make oral statements. Registration is not required to attend the hearing, but MSHA encourages individuals who wish to speak to register in advance. Further details about the hearing can be found on the agency’s website.
MSHA will also accept new written comments until Dec. 8. Information about participating in the comment period is available in the Federal Register.