As Congressional Panel Focuses On Black Lung, UMW Urges Stronger Health Protections

As Congress hears testimony on the epidemic of black lung disease among Appalachian miners, two labor leaders are calling on Congress and regulators to do more to protect miners.

In a letter to the federal Mine Safety and Health Administration, or MSHA, the United Mine Workers of America and the United Steel Workers of America urged stricter standards on silica dust. A growing body of research indicates silica dust exposure contributes to the sharp rise in cases  of black lung disease, which now afflicts as many as one in five experienced central Appalachian coal miners.

A 2018 investigation from NPR, PBS Frontline and the ReSource found that far more miners had the most severe form of black lung disease, progressive massive fibrosis, than had been recognized in government reports, and that those cases were concentrated in central Appalachia. Silica dust can be 20 times as harmful as coal dust alone, and the quartz-rich rock that produces it is common in central Appalachian mines. But federal regulators have resisted regulating silica dust exposure.

In Wednesday’s letter, UMW president Cecil Roberts and USW president Leo Gerard asked regulators to lower respirable silica standards and require more frequent monitoring inside coal mines. “We anxiously await MSHA’s plan to address one of the worst occupational health crises of our time,” the union presidents wrote.

Roberts and MSHA administrator David Zatezalo are both scheduled to testify Thursday morning before the workforce protections subcommittee of the House Committee on Education and the Workforce.

Congressional Oversight

Committee chairman Rep. Bobby Scott (D-VA) pledged to hold hearings on the resurgence of the disease shortly after the release of the NPR investigation. “I will be calling hearings in the 116th Congress to forge legislative solutions so that we can prevent the physical, emotional, and financial toll of this completely preventable disease,” Scott said. 

MSHA chief Zatezelo will likely face tough questions at the hearing over his agency’s reluctance to regulate silica exposure.

In what was hailed as a long-overdue change, MSHA in 2014 implemented a rule further limiting coal dust exposure, but that rule did not specifically target silica. Under the rule, when a mine exceeds coal dust or silica limits, it is placed on a reduced standard for coal dust, but not silica. Regulators say silica is difficult and expensive to monitor, so coal dust is used as a proxy for silica exposure. But the 2018 NPR investigation found thousands of instances where lowering coal dust standards overall did not bring silica dust to a safe level.

MSHA head Zatezelo has agreed that silica is a problem, but speaking to the ReSource at a West Virginia black lung conference in early June, he declined to answer repeated questions on whether or not he believes silica dust is contributing to the surge in disease.

MSHA has put out a request for information to study whether or not the 2014 coal dust rule will make a difference in miners’ health. Because it can take 10-15 years for black lung to develop, any study of the 2014 rule will likely not be completed for decades.

Speaking at the same West Virginia conference, UMW president Cecil Roberts told an enthusiastic crowd, “Anyone who tells you, ‘We need more information.’ They’re lying.”

Robert Cohen directs the Mining Education and Research Center at the University of Illinois at Chicago. In an interview, Cohen said he’ll use his testimony to encourage Congress to force MSHA to adopt the silica exposure standards recently implemented by another worker safety agency, the Occupational Safety and Health Administration. That standard applies to construction workers and others exposed to silica, but not to miners.

“Those regulations are stricter, they call for a lower level of silica dust to be the permissible limit, and I think that’s something we should really strongly consider,” Cohen said.

Cohen called on Congress to step in and regulate silica if MSHA would not. Such a proposal will likely be on the table at this week’s hearing.

Trust Fund Concerns

Also discussed in the hearing will be the Black Lung Disability Trust Fund, which helps pay medical costs for many miners disabled by the disease.

After initially promising to support the fund, Senate Majority Leader Mitch McConnell of Kentucky allowed the tax on coal companies that supported the trust fund to lapse to a lower level at the end of last year.

As the black lung epidemic worsens, more miners and their families will likely rely on the trust fund, a federal program that provides benefits to about 25,600 miners and their dependents.

The Government Accountability Office has found that if funding for the trust fund is not restored to its pre-2019 level or higher, it may not have enough money to make its payments to disabled miners by 2020 and will have to begin using taxpayer money.

Committee Holding 4th Meeting on Coal Dust Exposure

 A committee looking at how decisions are reached on controlling coal miners’ exposure to coal dust will meet this week in West Virginia.

The National Academies of Sciences, Engineering and Medicine committee is assessing the effectiveness of monitoring and sampling approaches used to make the decisions.

The committee is holding its fourth public meeting Thursday in Morgantown. The open session of the meeting will be from 1 p.m. to 4:30 p.m. at the Morgantown Marriott. Anyone who can’t attend may join online .

The National Academies said in a news release that the committee will hear from representatives of the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health, followed by a public comment period.

Lower Coal Dust Limit Takes Effect Monday in Black Lung Push

Coal mines nationwide are facing a more stringent limit on dust samples in an effort to reduce miners’ exposure to particles that can cause deadly black lung disease.

On Monday, the U.S. Mine Safety and Health Administration is dropping the allowable respirable dust level from 2 milligrams per cubic meter to 1.5 milligrams per cubic meter of air.

The agency says almost 99 percent of recent coal dust samples are already meeting the new standard.

The coal industry had challenged the new limits, arguing that the monitors had a high failure rate. Federal mine safety officials said the results show the new rules are effective.

The National Institute for Occupational Safety and Health estimates black lung caused or contributed to deaths of more than 76,000 miners.

Regulators to Hold Outreach Meeting on New Coal Dust Rule

Federal regulators are holding a stakeholders meeting in Raleigh County on a new coal dust rule.

The outreach meeting for the mining industry is scheduled for 9 a.m. Tuesday at the National Mine Health and Safety Academy in Beaver.

The rule went into effect in August 2014. The U.S. Mine Safety and Health Administration says the rule is part of the Labor Department’s effort to end black lung disease caused by prolonged exposure to coal mine dust.

By February 1, 2016, continuous personal dust monitors must be used to monitor occupations exposed to the highest concentrations and all miners with evidence of black lung. Increased sampling frequency provisions are to go into effect at the same time.

UMWA Expresses Support for Coal Dust Rules

The United Mine Workers of America is giving “qualified support” to the Obama administration’s new rule aimed at cutting the amount of coal dust in coal mines.

The union said today that it approves of many parts of the rule, which was issued last month. Among them is a reduction in the overall dust standard from 2.0 to 1.5 milligrams per cubic meter of air.

But the union says it is concerned that dust monitors would be required only in coal-producing sections of mines.

Still, the union says on balance the rule should lead to a reduction of black lung disease.

The National Mining Association and others have challenged the new rule in court.

Meetings Underway to Discuss New Coal Dust Rules

Federal mine safety officials are holding the first of several meetings on the Obama administration’s new coal dust rule in Beaver, West Virginia.

The Labor Department’s Mine Safety and Health Administration meets with industry representatives Thursday morning at the National Mine Health and Safety Academy. 

Federal officials will highlight major provisions and effective dates of the rule and describe best practices for controlling dust and reducing exposure. They also will provide materials to help the industry comply.

The administration announced last month that it’s cutting the amount of coal dust allowed in coal mines in an effort to help reduce black lung disease. Officials say the disease has caused or contributed to the deaths of 76,000 miners since 1968.

 

Exit mobile version