Union calls continued delay of silica dust rule a ‘death sentence' for coal miners in Pa. and beyond

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Gary Hairston (from left to right), Judy Riffe, Dianna Perdue and Roosevelt Neal, stand outside of an office building for the U.S. House of Representatives last year. The advocates for people with black lung were in the U.S. Capitol encouraging lawmakers to support coal miners with the incurable disease. (Quenton King | Courtesy photo)
Representatives with the United Coal Workers of America have condemned a federal court's decision to continue delaying the implementation of a federal rule to lower coal miners' exposure to dangerous silica dust, calling the pushback 'bureaucratic cowardice.'
The silica dust rule — finalized under the U.S. Department of Labor and the Mine Safety and Health Administration last year — should have gone into effect on Monday after being delayed for the first time in April.
But now the rule has yet again been pushed back to at least October due to a previous temporary injunction issued by the U.S. Court of Appeals for the Eighth Circuit in response to a request from the National Sand, Stone and Gravel Association to block the rule's implementation completely.
The rule would have gone into effect on Monday only for coal mines; the NSSGA — along with several other industry groups who joined the organization in its request — would not have been impacted by the new regulations until 2027, per the rule.
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Meanwhile, as the rule is delayed, more and more coal miners are working in dusty conditions known to cause and exacerbate black lung disease.
'This is bureaucratic cowardice, plain and simple,' said UMWA International Secretary-Treasurer Brian Sanson. 'We've buried too many friends, too many fathers, and too many sons because of black lung. Bowing to corporate interests doesn't solve the problem; it puts more miners at risk. The science is clear, the rule is needed, and the delay is shameful.'
Other industries have had similar protections in place for their workers for years due to settled science showing the dangers posed by constant exposure to silica dust.
'This delay is simply a death sentence for more miners,' said UMWA International President Cecil E. Roberts. 'The fact that an industry association with no stake in coal mining can hold up lifesaving protections for coal miners is outrageous. The Department of Labor and MSHA should be fighting to implement this rule immediately, not kicking enforcement down the road yet again. Every day they delay, more miners get sick, and more miners die. That's the truth.'
Black lung has no cure. Experts say the most effective way to stop the disease from forming or from evolving into a more complicated case is to limit exposure to silica dust.
The finalized silica dust rule, if implemented, would cut the exposure limits for coal miners in half for the first time ever. It would also impose new penalties for mines that operate out of compliance and require companies to offer free medical monitoring for their workers with the hope of detecting black lung and other respiratory diseases earlier.
Coal miners and advocates for people with black lung have been directly fighting since at least 2009 for industry protections against the disease.
Rebecca Shelton, director of policy for the Appalachian Citizens' Law Center, said the continued delay of the rule shows that 'the Trump Administration and the coal companies are seemingly working hand-in-hand to slow down the process and weaken future protections.'
'These delays and efforts to weaken the rule are a disgrace, and undermine the claims of anyone in the Trump Administration who claims to be on the side of coal miners,' Shelton said.
While the rule is being continuously delayed, President Donald Trump has called for the country to increase coal production.
But coal miners in Central Appalachia and beyond are already seeing higher rates of black lung than any time in the previous 25 years, according to the Centers for Disease Control and Prevention.
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The disease is also hitting coal miners at younger ages than ever before due to a lack of easily accessible coal. Today, miners must cut through more layers of silica-rich sandstone to reach the coal that remains in existing seams, creating dustier conditions that increases their risk of developing black lung.
'Every American worker deserves to come home from work with their lungs intact, miners included,' Roberts said. 'It's as simple as that.'
West Virginia Watch is a sister outlet of the Pennsylvania Capital-Star and part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity.