‘A Gross And Frank Example Of Regulatory Failure’
In 1974, the National Institute for Occupational Safety and Health recommended an exposure limit for silica dust that would be twice as tough as the existing limit for coal miners and other workers. Federal regulators did not respond until the 1990s.
Bill Clinton administration
(1993-2001)
- Evidence presented Silica dust blamed for cluster of advanced lung disease among West Virginia coal miners
- Administration response Mine Safety and Health Administration warns industry about silica exposure and proposes new dust rules; NIOSH again recommends tougher limit plus separate regulation, as does Labor Department Advisory Committee
- Results Mining industry challenges proposed MSHA dust rules with lawsuit; silica control effort stalls and runs out of time
George W. Bush administration
(2001-2009)
- Evidence presented NIOSH identifies a cluster of advanced black lung disease in Southwest Virginia and calls for a “comprehensive assessment” of mine dust control measures
- Administration response Assistant Secretary of Labor for Mine Safety and Health Dave Lauriski halts work on proposed Clinton mine dust rules and proposes own dust changes, but not on silica
- Results Union and miner advocates block dust rule plan, claiming it wouldn’t provide enough protection
Barack Obama administration
(2009-2017)
- Evidence presented NIOSH documents the resurgence of black lung disease, including quadrupling of advanced stage; NPR identifies biggest cluster of advanced disease ever documented
- Administration response Assistant Secretary of Labor for Mine Safety and Health Joe Main proposes major overhaul of mine dust regulations but does not include any change in the way silica is regulated
- Results The Occupational Safety and Health Administration adopts a limit for silica that is twice as tough but doesn’t apply to coal mining; MSHA does not act on silica
Donald Trump administration
(2017-present)
- Evidence presented Researchers scramble to quantify an “epidemic” of advanced black lung disease; NPR counts 2,000 cases in Appalachia; NIOSH reports that the rate of “simple” black lung among veteran coal miners in central Appalachia is highest in 25 years
- Administration response MSHA lists silica exposure as a long-term action item on its regulatory agenda for metal non/nonmetal mines but not for coal mines
- Results So far, MSHA has no plan for separate and tougher regulation of silica in coal mines