MSHA Issues Final Rule To Lower Silica Dust Exposure In Mines

As expected, the new MSHA rule lowers the maximum exposure to 50 micrograms per cubic meter of air during an eight-hour shift.

The Mine Safety and Health Administration issued its final rule lowering silica dust exposure for coal miners Tuesday, a long awaited change amid growing concern about black lung disease.

As expected, the new MSHA rule lowers the maximum exposure to 50 micrograms per cubic meter of air during an eight-hour shift. The current limit is 100 micrograms per cubic meter.

The rule will take effect on June 17. Coal producers will have 12 months to comply. Metal and nonmetal mine operators will have 24 months.

Respirable crystalline silica is a carcinogen. It can cause lung disease, silicosis, lung cancer, progressive massive fibrosis and kidney disease. Coal dust containing silica dust has been shown to increase the severity of black lung cases and affect miners in their 30s and 40s.

The silica dust problem is thought to be caused by the mechanization of mining, especially in central Appalachia. Large machines grind through larger volumes of rock to maximize coal production.

Mine operators are supposed to ventilate mine work areas to lower the concentration of coal and rock dust, as well as methane.

Studies have shown in recent years that 1 in 5 miners in central Appalachia has black lung.

An investigation of the 2010 Upper Big Branch mine disaster in Raleigh County found that 17 of the 24 miners whose lung tissue could be sampled showed signs of black lung disease. A total of 29 miners died in the explosion, caused by a mixture of methane and coal dust.

MSHA rolled out the silica dust rule at an event Tuesday morning in Uniontown, Pennsylvania.

U.S. senators from Ohio, Pennsylvania, Virginia and West Virginia, including Sen. Joe Manchin, praised the rule, though they had previously criticized the agency for delays to its implementation.

Read NPR’s coverage here.

U.S. Department Of Labor To Hold Black Lung Benefits Educational Events

West Virginians with black lung will have the opportunity to learn about eligibility for benefits at upcoming educational events.

West Virginians with black lung will have the opportunity to learn about eligibility for benefits at upcoming educational events. 

Events held in Fairmont and Madison from March 19-21 will allow current and former coal miners suffering from black lung to get assistance with filing or refiling claims and receive eligibility information.

According to the U.S. Department of Labor, there are currently 4,200 people receiving program benefits in West Virginia.

The events are hosted by the U.S. Department of Labor’s Federal Black Lung Program.

“The U.S. Department of Labor encourages current and former coal miners, and survivors in these areas to attend one of these events to learn more about eligibility for benefits under the Black Lung Benefits Act,” said Division of Coal Mine Workers’ Compensation Director Mike Chance. “Attendees can get assistance with filing or refiling claims and get information on eligibility and the adjudication process.”

The events are open to the public and do not require preregistration to attend.

The events will be held as follows:

  • March 19 – Marion County Public Library, 321 Monroe Street, Fairmont, W.Va. from 9:30 a.m. to 6:30 p.m.
  • March 20 – Boone Madison Public Library, 375 Main Street, Madison, W.Va. from 11 a.m. to 4:45 p.m.
  • March 21 – Boone Madison Public Library, 375 Main Street, Madison, W.Va. from 9 a.m. to 4:45 p.m.

For more information and assistance on submitting any bills for black lung related medical treatment, services or medical supplies, contact the Federal Black Lung Program at 1 (800) 347-2502.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

Black Lung Compensation Falling Behind Inflation

Advocates report the monthly benefit rate for miners with Black Lung has not kept up with inflation.

The federal black lung benefits program was created in 1969 to pay for health care and provide monthly compensation to miners who could no longer work due to the disease.

Advocates like Quenton King, federal legislative specialist at Appalachian Voices, say that the stipend has not kept up with rising inflation.

“Aside from trying to prevent black lung, this is the main concern that coal miners with black lung have, is getting a simple stipend increase,” King said. 

According to a new report from Appalachia Voices and Appalachia Citizens Law Center (ACLC), in 1969, a miner received $144.50 each month. Today, miners receive $773.00 a month, more than 30 percent less than the value of the original amount.

“Currently, the formula that they use to adjust the benefits annually is really silly,” King said. “It’s 37 percent of a level two federal employee’s monthly salary. We don’t know why that was chosen. But it doesn’t keep up with inflation.”

According to the ACLC, adjusting for inflation, the monthly stipend should equate to $1,172.61.

“The stipend is supposed to be able to help the family as a whole because it takes the whole family to take care of the coal miner, driving them to doctor’s appointments, and grocery shopping,” King said. “So the stipend is supposed to be a just way, better way to take care of families.”

In both the U.S. House and Senate, bills have been introduced called the Black Lung Improvement Act. House Resolution 6461 was introduced on Nov. 21, 2023.

“Coal miners broke their backs in the mines and power the nation,” King said. “Now they are unable to pay for groceries, or pay to live. This is getting some movement in Congress, and we’re really excited to see that.”

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

Encore: The Rise of Black Lung, Inside Appalachia

This week on Inside Appalachia, black lung disease is back. In fact, it never went away. Now, younger and younger miners are living with a particularly nasty form of black lung disease. Regulators and the coal industry have known about the problem for decades — but they’ve been slow to respond. One reporter asks, “What would happen if thousands of workers in any other industry got sick and died just because of where they worked?”

Black lung disease is back. In fact, it never went away. Now, younger and younger miners are living with a particularly nasty form of black lung disease. 

Regulators and the coal industry have known about the problem for decades — but they’ve been slow to respond. 

One reporter asks, “What would happen if thousands of workers in any other industry got sick and died just because of where they worked?” 

This week, we’re talking about the black lung epidemic, Inside Appalachia.

In This Episode:


Advanced Black Lung Cases Rising

The blackened lungs of a coal miner who received a transplant at age 60.

Credit: Mine Safety and Health Administration

Advanced black lung is rampant across the coal-producing regions of central Appalachia, in West Virginia, eastern Kentucky and southwestern Virginia. 

This is different from simple black lung, which is debilitating, but advanced black lung is known as progressive massive fibrosis. It’s the result of miners digging at increasingly thin coal seams. To get at the coal, they cut into quartz, which creates silica dust. 

Breathing the mix of silica and coal dust is much more destructive and like simple black lung, there is no cure. 

Advanced black lung has been documented for decades, but it’s getting new attention from federal officials. 

As part of our special program, we aired a 2018 NPR segment with Howard Berkes, where he met with dozens of Appalachian miners with advanced black lung disease.

Federal Regulators Are Crafting New Rules

Most coal production has been declining for years, but the metallurgical coal industry has been ramping up production to meet global demand. With increased demand, experts predict more cases of black lung. After years of inaction, though, federal officials are addressing the issue.

Over the summer, the Mine Safety and Health Administration proposed a rule intended to protect coal miners from exposure to silica dust. By the time the comment period closed in September, the draft rule had attracted 157 comments.

WVPB’s Emily Rice reports.

Recent Investigations Into Black Lung

Howard Berkes has continued to report on advanced black lung, even after retiring from NPR. Recently, he helped lead a new investigation into advanced black lung cases, co-published by Public Health Watch, Louisville Public Media and Mountain State Spotlight.

Mason Adams spoke with Berkes about what they found. 

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Our theme music is by Matt Jackfert. Other music this week was provided by John Hurlbut and Jorma Kaukonen, Tim Bing, June Carter Cash and Steve Earle.

Bill Lynch is our producer. Zander Aloi is our associate producer. Our executive producer is Eric Douglas. Kelley Libby is our editor. Our audio mixer is Patrick Stephens.

You can send us an email: InsideAppalachia@wvpublic.org.

You can find us on Instagram, Threads and Twitter @InAppalachia. Or here on Facebook.

Sign-up for the Inside Appalachia Newsletter!

Inside Appalachia is a production of West Virginia Public Broadcasting.

Reducing Black Lung Risk And WVU Graduate Talks EYES Shelter, This West Virginia Morning

On this West Virginia Morning, fewer coal miners are killed on the job than in years past, but black lung remains a persistent problem. A big reason for that is silica dust.

On this West Virginia Morning, fewer coal miners are killed on the job than in years past, but black lung remains a persistent problem. Curtis Tate and Emily Rice spoke with Chris Williamson, the assistant secretary for Mine Safety and Health at the U.S. Department of Labor (MSHA), about MSHA’s efforts to reduce the safety and health risks in coal mines.

Also, in this show, Katelyn Aluise is a graduate of West Virginia University (WVU) and spent her final semester working on a multimedia piece about the EYES shelter and outcomes for children with intellectual disabilities in the state. She spoke with Appalachia Health News Reporter Emily Rice about what she found through her reporting.

And, as part of the The Legislature Today, our reporters on Friday discussed what happened during the week and gave updates on the bills they’re following. Host Randy Yohe spoke with reporters Curtis Tate, Briana Heaney and Emily Rice.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Eric Douglas produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

MSHA Rule Aims At Leading Causes Of Fatal Injuries To Mine Workers

The Mine Safety and Health Administration will require mine operators to have written safety programs for mobile equipment used in surface and underground operations.

Federal mine safety regulators have announced a new rule aimed at cutting down the leading causes of fatal injuries to workers.

The Mine Safety and Health Administration will require mine operators to have written safety programs for mobile equipment used in surface and underground operations.

Machinery and powered haulage have become the leading cause of serious and fatal accidents in all types of mining.

According to MSHA statistics, 26 workers have sustained fatal injuries industry wide this year from mobile equipment. In the coal sector, six were killed this year, including two in West Virginia.

In one instance, a worker was thrown off a bulldozer. In another case, a worker was pinned by a personnel carrier that rolled backward and overturned.

Chris Williamson, the assistant secretary for Mine Safety and Health, says he’d like to see mine operators make training a priority and eliminate hazards that can put worker safety at risk.

The final rule will be published in the Federal Register on Wednesday.

A separate MSHA rule to lower miners’ exposure to silica dust is due to roll out in April. Silica dust has worsened black lung cases and caused the disease to affect younger miners.

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