MSHA Holds Panel Discussion As Silica Dust Rule Implementation Draws Closer

A new federal silica dust rule is about to take effect. Monday, a panel of Black Lung experts expressed hope for the future of young miners — if they’re educated about their rights.

Experts in black lung, mine safety, labor and employment law and physicians gathered at the Mine Health and Safety Administration’s (MSHA) office in Beaver on Monday to discuss a new silica dust rule that will take effect on June 17.

Coal producers will have 12 months to comply. Metal and nonmetal mine operators will have 24 months.

The panel discussion, moderated by Assistant Secretary for Mine Safety and Health Chris Williamson focused on the prevention of black lung in young miners and how the administration’s new silica dust rule can help if used by the miners.

“Everybody’s in this room because we care about this issue and we don’t want others to suffer from entirely preventable occupational lung diseases,” Williamson said.

MSHA issued its final rule lowering silica dust exposure for coal miners on April 16. This rule is a long-awaited change amid growing concern about black lung disease.

“When this rule finally comes into play and is implemented, it’ll be exciting to watch it unfold and see everyone’s health improve, but I don’t think that that’s going to happen right away,” Black Lung Clinic Director and respiratory therapist Lisa Emery said. “I hope that with … the dangers of silica coming out and being more publicized, that the miners will come in more often and get screened more often.”

The new 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.

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.

“I don’t want to see our younger miners going through what we are going through,” said National Black Lung Association President Gary Harrison, who also suffers from black lung. “And I know this silica dust rule is gonna help eventually. I know it will take a while for it to come in.”

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.

Under the Part 90 regulation, coal miners who have already developed a pneumoconiosis can exercise rights that allow them to continue working in healthier parts of the mine. 

“I’d like for the younger miners to start feeling more confident about speaking up, more confident about exercising their Part 90 rights,” Emery said. “That’s huge for me and our clinic, and I think that miners need to understand that the rights afforded to them under the mine act will protect them even if they’re not a Part 90 miner to make a safety complaint to talk about what’s going on in their mine and that MSHA is going to protect them. But what we’re seeing in the clinics is very scary.”

Grant Money

On Tuesday morning, Sen. Joe Manchin, I-W.Va., announced that the state will receive $2,172,386 million from the U.S. Department of Health and Human Services (HHS) to support health services and treatment programs for West Virginians suffering from Black Lung Disease.

“After their enormous sacrifices, West Virginia’s brave coal miners are entitled to the vital medical care and treatment they need,” Manchin said. “I’m pleased HHS is investing more than $2.1 million to support Black Lung clinics across West Virginia, and I look forward to seeing the positive impacts of the funding. As a member of the Senate Appropriations Committee, I will continue to advocate for resources to ensure all West Virginia miners can access the health care they deserve.”

The West Virginia Black Lung Clinics program is under the West Virginia Division of Primary Care, one of four divisions within the Office of Community Health Systems and Health Promotion, under the West Virginia Department of Health, Bureau for Public Health.

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

First Extraordinary Legislative Session Of 2024 Began Sunday

The West Virginia Legislature met Sunday evening in response to a call from Gov. Jim Justice to address issues with the state budget passed during the regular session, among others.

The West Virginia Legislature met Sunday evening in response to a call from Gov. Jim Justice to address issues with the state budget passed during the regular session, among others.

The House of Delegates met first and completed the first reading of 16 bills. The body then sent three bills to the House Finance Committee for further discussion. 

One of those, House Bill 101, if passed, sends more than $9 million to the West Virginia Department of Health and the Department of Human Services.

Bills must be read over three successive days unless a chamber suspends rules and allows it to be read three times on one day. 

The Senate did just that with about half of the introduced bills. But first, Senate Finance Chairman Eric Tarr, R-Putnam, offered a strike and insert amendment on Senate Bill 1001. His amendment replaced the original bill, changing how some funding is allocated for state hospitals. 

The Senate passed eight bills and sent them to the House for consideration and advanced six other bills to second reading, or the amendment stage. 

The Senate did not take up the 16th bill introduced in the House regarding having the Public Employees Insurance Agency (PEIA) pay for certain weight loss medications. That bill was not on the call from the governor. 

The Senate also entered two resolutions to encourage the U.S. Department of Education to expedite processing of Free Application for Federal Student Aid (FAFSA) applications and extended the governor’s state of emergency regarding student aid. 

State Awards Company $5 Million To Test Medicines With Artificial Intelligence

GATC West Virginia, a health tech hub, was awarded $5 million to hire new staff. The company uses artificial intelligence to test the efficacy of new medications.

As overdose rates continue to rise nationally, a health company with West Virginia ties will soon receive $5 million in state funds to further research on substance use disorders.

GATC West Virginia — an in-state hub of the health technology company GATC Health — will use the new investment to develop medical treatments through artificial intelligence.

The company uses artificial intelligence and machine learning to predict how effective and safe new medicines will be, and to preemptively identify side effects.

New treatments must still be tested using clinical trials. But GATC claims using simulations can increase the likelihood of a medication’s success and expedite the development process.

Provided by the West Virginia Economic Development Authority and West Virginia Jobs Investment Trust, the new funding will allow GATC to hire tens of new employees at their location in Morgantown.

In a Friday press release, Gov. Jim Justice said the collaboration would put West Virginia at the forefront of developing health technology.

“West Virginia is leading the way in revolutionizing the pharmaceutical industry and making a huge difference in medicine discovery,” Justice said. “This initiative places West Virginia on the map as a leader of innovation as we bring cutting-edge technology right to our backyard to find effective medicines.”

Constitutional Protection From Euthanasia Could Appear On Ballots This Fall

Republicans in the West Virginia House of Delegates have backed a resolution allowing residents to vote to add protection from euthanasia to the state constitution during this fall’s general election.

Republicans in the West Virginia House of Delegates are calling on their colleagues in the West Virginia Senate to place constitutional protections from euthanasia on voters’ ballots this fall.

Euthanasia, or medically assisted suicide, is already illegal in the state.

With both chambers’ support, House Joint Resolution 28 would allow residents to vote on adding protections against euthanasia to the state constitution during this fall’s general election.

But lawmakers held conflicting views on the measure at a Senate Judiciary Committee meeting Monday.

Resolution sponsor Del. Pat McGeehan, R-Hancock, was invited to speak to senators in committee, stating that the state’s stance against euthanasia is important.

“There’s this phenomenon of nihilism that’s sort of spreading across the country, and I think it’s an important issue we need to address,” McGeehan said. “To the best of my knowledge, we’ll be the first to place this and take a stand in the state constitution.”

While euthanasia prevention received some bipartisan support, pushback on aspects of the bill fell along party lines.

Republican lawmakers wanted to add language to the amendment so it could not affect capital punishment policies.

But Democratic lawmakers like Sen. Mike Woelfel, D-Cabell, said that contradicts the purported pro-life nature of the resolution.

Woelfel said he supported the resolution generally, but that protecting capital punishment gave him pause. Other lawmakers expressed concern over outright condemning euthanasia.

Sen. Mike Caputo, D-Marion, said he became more sympathetic to legalizing euthanasia after watching his father-in-law suffer through hospice care at the end of his life.

“We was praying for him to die, that’s how much he was suffering. We was literally praying for him to die,” Caputo said. “I know that, if he could have made this decision to end it earlier, he would have done that.”

Caputo also expressed concern that the resolution would hold legal implications for medical professionals, but McGeehan said the measure would not hold legal weight beyond what is already in place in state law.

Ultimately, members of the committee voted in favor of the resolution, sending it to the Senate floor with the recommendation that it pass.

If members of the Senate approve the resolution, West Virginia voters will be able to vote on constitutional protections from euthanasia in the state general election this November.

W.Va. Ranks Among Best At Connecting Residents With Substance Use Treatment

In 2023, West Virginia ranked fourth highest in the United States for initiating and treating substance use disorder in residents with the condition. The data was collected by the Centers for Medicare & Medicaid Services.

In 2023, West Virginia was one of the most effective states at connecting residents with substance or alcohol use disorders to treatment, according to federal health officials.

At 52.1 percent, West Virginia had the fourth highest percentage of individuals with substance or alcohol dependencies who began and received treatment last year out of 45 participating states and U.S. territories.

This data was compiled by the Centers for Medicare & Medicaid Services (CMS), the agency that oversees federal healthcare systems. Each year, the agency aggregates data on a variety of state-level health resources and outcomes.

Treatments for substance use disorders include medication, counseling, rehabilitation services and behavioral health resources, according to a Wednesday press release from the West Virginia Department of Human Services (DoHS).

“Our commitment to providing diverse and effective treatment options is reflected in the improved outcomes we have achieved,” said Cindy Beane, commissioner of the DoHS Bureau for Medical Services, in the press release.

“West Virginia’s commitment to providing evidence-based practices is being recognized nationally and modeled in other states,” she said.

The DoHS credits the state’s strong CMS score to an increase in substance use disorder treatments offered to West Virginia Medicaid members.

This followed the 2017 implementation of substance use disorder waivers for Medicaid users with substance dependencies, which allowed them to access free treatments.

“Overcoming a substance use disorder is not as simple as resisting the temptation to take drugs,” said Christina Mullins, DoHS deputy secretary of mental health and substance use disorders, said in the press release.

“Like many other chronic conditions, effective treatment options are available for SUD,” she said. “While no single treatment method is right for everyone, recovery is possible, and help is available.”

As of November 2023, 34 states and the District of Columbia offered similar waivers for residents with substance use disorders.

At a press briefing Wednesday, Gov. Jim Justice thanked DoHS staff for supporting substance use disorder treatments across the state. He also emphasized his ongoing investment in programs addressing substance use disorders in West Virginia.

“We’re making a dent. We’ve got a long way to go,” he said. “There are a lot of folks that are taking advantage and getting some real help, and getting their lives turned and going in the right direction.”

“We’re making a difference,” Justice continued.

Reporter Roundtable Talks Rolling Coal, Reproductive Rights, Jails, Health And More

On this episode of The Legislature Today, we have our weekly reporter roundtable. Randy Yohe is joined by WVPB reporter Briana Heaney and Ogden Newspapers’ State Government Reporter Steven Allen Adams to recap the week’s action.

On this episode of The Legislature Today, we have our weekly reporter roundtable. Randy Yohe is joined by WVPB reporter Briana Heaney and Ogden Newspapers’ State Government Reporter Steven Allen Adams to recap the week’s action.

In the House, there was a lengthy, heated and partisan debate over border security in a resolution to support the state of Texas. On the flipside, there was full bipartisan support for the House Speaker’s bill to help with groundbreaking, disease curing medical efforts at West Virginia University (WVU).

In the Senate, the chamber passed two rules bills – one is headed to the House for consideration, and the other is off to the governor’s desk. Another bill was held over for a day that deals with air quality. Briana Heaney has more.

Also, community and environmental groups testified Friday morning in a public hearing against House Bill 5018. The bill would limit how community air monitoring data could be used in court cases or to affect regulations. West Virginia’s industrial and mining trade groups support the bill, but most people spoke in opposition.

It was also Homeschool Day at the Capitol. With Hope Scholarship funding and a legislature and administration advocating more school choice, homeschooling is a growing endeavor – but not without some basic education and safety concerns.

Finally, for our weekly report from our high school journalists, they look at a couple bills that were of particular interest to them and to other high school and college-aged students around the state.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

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