An estimated one in five tenured miners in Central Appalachia has black lung disease; one in 20 has the most disabling form of black lung.
The proposed federal rule, published in the Federal Register last month, cuts the permissible exposure limit for silica dust from 100 to 50 micrograms per cubic meter of air for an 8-hour shift in coal, metal and nonmetal mines such as sand and gravel.
In the 1940s and 1950s, roughly half of West Virginia workers were employed in heavy industries like coal, steel and glass, and the majority of those workers belonged to a union. By 2022, however, only 10% of West Virginia workers were represented by unions, according to the U.S. Department of Labor.
The rule also allows miners to work in higher-than-allowable levels of dust on a temporary basis if they wear respirators and companies are working on bringing exposure down to safer levels. Petsonk said respirators are ineffective while performing heavy labor in hot, confined spaces, and that inspectors are not present enough to ensure they don’t become a permanent solution.
Mine, Safety and Health Administration Deputy Secretary Patricia Silvey said if inspectors see evidence of overexposure, operators will have to take immediate “corrective action,” which could mean implementing engineering controls. The government makes a record of the infraction and ensures retesting to make sure the action is working, she said.
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