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MSHA won’t mandate COVID-19 vaccines, testing, acting administrator says

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Arlington, VA — The Mine Safety and Health Administration will not require COVID-19 vaccination or weekly negative testing at the nation’s mines, Jeanette Galanis, MSHA deputy assistant secretary for policy and acting administrator, said during a Sept. 29 stakeholder conference call.

Galanis called the Federal Mine Safety and Health Act of 1977 “one of the strongest worker protection acts in the world.” Under the act, MSHA can issue hygiene citations and temporarily shut down mine operations at facilities in which the coronavirus is found to be spreading, a provision “very different” than the Occupational Safety and Health Act of 1970, under which OSHA operates. An emergency rule under development by OSHA will require employers with at least 100 workers to ensure full vaccination or weekly negative testing of their workforce.

Galanis and other agency officials on the call pointed to updated guidance, issued by MSHA in March, that advises mine operators at coal, metal and nonmetal mines to establish a virus protection program or augment an existing one. Best practices include:

  • Conduct a hazard assessment of the mine site.
  • Identify various measures that help limit the spread of COVID-19 in mines.
  • Adopt measures to ensure miners who are infected or potentially infected are separated and sent home.
  • Implement anti-retaliation measures for miners who raise concerns related to COVID-19.
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The guidance also includes recommendations on the use of personal protective equipment, physical distancing strategies, improving ventilation, effective hygiene and routine cleaning.

“We must be able to inspect mines during COVID,” Galanis said, “and so our mine inspectors are doing their jobs and getting out there and trying to be as careful as possible.”

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James E Shaw
October 21, 2021
This type of mandatory vaccines (use that word loosely) and pre testing weekly before an employee is allowed to come to work is discriminative in my belief. You cant and should not force and human being to take a vaccine against their will. But relating to work it is going to be a nightmare and extremely costly procedure to test those employees before allowing then to come on property and begin work. The test now require a minimum of 15 minutes to get results. You would have to start testing several hours before scheduled start time. A nightmare to administrate and a very costly program. Employees are going to want to get compensated for their time away from their family. I think the programs we can in place now works just fine. Social distancing, mask requirements , good hygiene and sanitation, spraying down of offices and equipment with a good product that kills germs and bacteria are working well if company's would just do it. A good program can go a long way if you have buy in from the top management. Sincerely, James Shaw

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Mark C
October 22, 2021
I guess I dont understand how they want there inspectors (and workers to be safe if there isnt and vaccine mandate OR testing? I guess it is the audience they mean to placate.