At hearing on mine-dust rule, miner advocates and industry find fault; next one is Thursday morning in Beckley, W.Va.

Dr. Drew Harris demonstrates why temporary use of respirators
may not protect miners. (Photo by Justin Hicks, LPM)

The first of three hearings on a regulation proposed to cut in half "the amount of toxic silica dust all miners can legally be exposed to," and extend the first such protections to coal miners, elicited concerns from both sides of the issues, reports Justin Hicks of Louisville Public Media.

"Lung doctors and labor unions representing coal workers profusely thanked the agency for drafting the proposal," but objected to continued reliance on mining companies to record dust exposure, Hicks reports. Dr. Drew Harris, medical director of the Black Lung Program at Stone Mountain Health Services in Virginia, told U.S. Mine Safety and Health Administration officials, “Many of my patients were told by their supervisors to do things that are appalling to me, whether it’s covering their dust monitors in coffee filters or putting them in their lunch boxes or being told to hang them in clean air parts of the mine.”

"Miner unions and black lung advocates also chafed at part of the proposal that lets miners 'temporarily' continue work in known silica-laden environments as long as they use respirators," Hicks reports. "Advocates said no clear definition of the word 'temporary' in the rule could leave a loophole for companies to ignore hazards, and practically, they doubt miners will wear respirators faithfully during hot, strenuous work."

On the other hand, "Industry groups – most representing companies who deal in minerals like limestone, sand and gravel – had their own concerns,' Hicks reports. They wanted more than 45 days to submit comments, and asked that the rule acknowledge "that dust exposure at work varies by task, not by the specific job title. They cited an Occupational Safety and Health Administration table for non-mine jobs that involve silica dust.

"Several industry representatives characterized the proposed rule as 'onerous' and speculated that the costs to implement it would put smaller mining companies out of business," Hicks reports, noting that the rule "comes after years of clamoring for stricter measures to address a surge in the incurable lung disease commonly called black lung."

The hearing was held in Arlington, Va. Additional hearings will be held Thursday, Aug. 10 in Beckley, W.Va., and Aug. 21 in Denver. Details are here. The Beckley hearing will be held at the National Mine Health and Safety Academy auditorium, 1301 Airport Rd., starting at 9 a.m.