April 16th, 2024 saw the announcement of the final rule from the Department of Labor on silica dust exposure, stating that the “The final rule lowers the permissible exposure limit of respirable crystalline silica to 50 micrograms per cubic meter of air for a full-shift exposure, calculated as an 8-hour time-weighted average”. It is estimated that one in five Appalachian coal miners has black lung, a disease that is brought on by long term exposure to coal dust resulting in scarring, inflammation and other breathing problems in the lungs. Black lung is estimated to have killed over 75,000 workers since 1968 while approximately 700,000 have filed for compensation since 1973.
Silica dust is also known as crystalline silica which is present when chipping, drilling, or grinding concrete, rocks, sand, and other minerals. The MSHA was created to set standards for miners and other industries that may be exposed to silica dust.
“Congress gave MSHA the authority to regulate toxic substances to protect miners from health hazards and made clear in the Mine Act that miners’ health and safety must always be our first priority and concern. To further advance this directive, MSHA is committed to working together with everyone in the mining community to implement this rule successfully. No miner should ever have to sacrifice their health or lungs to provide for their family.”
- Chris Williamson, Mine Safety and Health Administration Assistant Secretary wants
Since the final rule in April, the U.S. House Representatives Appropriations Subcommittee has attempted to block enforcement of the silica dust rule by stating “None of the funds made available by this Act may be used to administer, implement, or enforce the proposed rule entitled ‘Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory 18 Protection.’” The MSHA has also been working to propose new rules on preventing buildup of micrograms, including matching OSHA’s coal mine regulation standards of periodic sampling if miners exposure is above 25 micrograms and immediate action if over 50 micrograms.
“These actions are a direct attack on the health and safety of coal miners. The epidemic of black lung disease is a critical issue that demands immediate action. I call on all members of Congress to reject this dangerous provision and stand up for the rights and health of miners.”
Cecil Roberts, United Mine Workers of America President
On Wednesday, July 10th, the bill passed the Appropriations Committee 31-25 with no amendments on the attempt to defund the final rule. The bill will now go to the House with a final chance for lawmakers to make changes before passing into law.
