Trends in MSHA Surface Mobile Equipment Compliance

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Quick Hits

• MSHA enforcement data from July 2024 through April 2026 shows citations under the surface mobile equipment rule have generally declined as metal and nonmetal mine operators have moved toward compliance with written safety program requirements.
• Enforcement has been uneven across districts, with Dallas and Warrendale accounting for most citations under Section 56.23002(a), while many other districts issued few or none.
• Most citations have been treated as non-S&S paperwork violations, but future enforcement may focus more heavily on annual updates, miner input, program availability, and more severe citations after accidents or changing mine conditions.

Enforcement Snapshot

The data shows MSHA issued 863 citations under this regulation between July 2024 and April 2026. Of those citations, 432 were issued in 2024, 369 in 2025, and sixty-two in 2026 through April. This suggests operators have been coming into compliance over time, with the number of citations written for mines not having a program declining.

Enforcement of Section 56.23002(a) appears to be extremely uneven, with two districts in particular issuing a disproportionate number of citations. Indeed, those two districts (Dallas and Warrendale) issued 66 percent of the citations under Section 56.23002(a), 256 and 317, respectively.

In addition, five districts issued either one or zero citations under the provision. Another eight issued twenty or fewer citations under Section 56.23002(a).

About eleven of the 863 citations issued under Section 56.23002(a) resulted in 104(b) failure to abate orders, suggesting that around 1 percent of the mines cited may not have had a program of any kind—yet were unable to formulate one within the time for abatement.

Only thirteen of the 863 citations under Section 56.23002(a) were marked as significant and substantial (S&S). Further, only fifty-seven were issued as high negligence. The data suggests almost all citations issued under this provision so far have been treated like a typical paperwork violation.

Section 56.23002(b) requires that metal/nonmetal operators designate at least one person responsible for evaluating and updating the mobile equipment safety program. From July 2024 through April 2026, only thirty-two citations were issued under this provision. All of them were designated as non-S&S, and none were designated as high negligence.

The particular requirements within the surface mobile equipment safety program for metal/nonmetal operators are set forth in Section 56.23003(a). MSHA issued seventy citations under this provision from July 2024 through April 2026—eight of which were designated as S&S. Nine had high-negligence designations, with seven of those occurring in 2025. This suggests at least some operators may have been tardy in creating a compliant program.

In addition to the seventy citations under Section 56.23003(a), other citations were issued under subparts of that section. Eighteen were issued under subpart (a)(1), which sets forth the required components of a program. Ten of those were issued in 2024, with only two issued so far this year. All eighteen citations were non-S&S, and three were evaluated as high negligence.

An additional ten citations were issued under the components of 56.23003(a)(2) and (4), relating to other components of a program, half of which were marked as S&S. These appear to identify gaps or problems with components of safety programs.

MSHA issued ninety-two citations between July 2024 through April 2026 pursuant to Section 56.23003(b). That regulation requires the individual deemed to be a “responsible person” to update the written safety program annually—or as mining conditions change, accidents or injuries occur, or as changes to mobile equipmentare made. Fifty-three of those citations were issued by two district offices: Dallas and Vacaville.

Sixty-two of the ninety-two citations under Section 56.23003(b) were issued in 2026, with only thirty issued in 2025. This suggests many of the citations may have been issued for failing to update a program at least annually, as required by the regulations.

Section 56.23003(c) requires an operator to solicit input from miners and their representatives in developing and updating the program. MSHA issued twenty-four citations pursuant to this provision, with eighteen issued by the Dallas district office.

Finally, Section 56.23004 requires metal/nonmetal operators to make the written program available for review and inspection by MSHA personnel and miners’ representatives, as well as to provide a copy upon request. Eighteen citations were issued by MSHA at fifteen different mines over the last two years. All were non-S&S, and none were high negligence.

Looking Ahead

It will be interesting to monitor ongoing enforcement of the rule and consider whether MSHA increases the gravity of citations over time, whether operators are cited for failing to update their plans as conditions change, and whether operators are cited more severely under the rule following accidents or injuries relating to surface mobile equipment.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments and will post updates on the Mine Safety blog as additional information becomes available.

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A version of this article was previously published in Pit & Quarry magazine.