Announcement today at U. S. House of Representatives oversight hearing - over 41,000 respirable dust samples show mines can meet new dust rule
Today before a House of Representatives subcommittee, I shared with Congress that eight months after implementation of the final rule to prevent black lung disease by lowering miners’ exposure to harmful coal dust, sampling by mine operators and Mine Safety and Health Administration inspectors indicates that compliance with the rule’s tougher sampling requirements is highly achievable.
This is very good news for coal miners and validates the ability of mine operators to maintain the low dust levels to meet the new standard. It was among the highlights of my testimony at a hearing of the House Committee on Education and the Workforce’s Subcommittee on Workforce Protections.
Last April, MSHA published a final rule to lower miners’ exposure to respirable coal mine dust in all underground and surface coal mines. Data run by MSHA on April 17 show that from Aug. 1, 2014, through March 31, 2015, more than 41,000 dust samples were collected, and about 99 % were in compliance.
Of the total respirable dust samples collected in the 8-month period, 30,725 were taken from underground work areas with 30,286 of those samples (or 98.6 percent) meeting compliance levels used to determine if a violation has occurred. The remaining samples were taken at surface work areas. Of those, 10,596 samples, (or 99.7 percent) met compliance levels.
Furthermore, the yearly average of respirable dust levels of designated mining occupations in underground coal mines dropped to a historic low level in 2014. The average has dropped each year since MSHA launched its “End Back Lung – Act Now” campaign in 2009.
Better dust control systems are in place than ever before for our nation’s coal miners. This rule is working.
The final rule lowers the concentration of coal dust that miners breathe; improves sampling practices to better reflect actual working conditions to protect all miners from overexposures; makes use of cutting-edge technology developed to provide real-time information about dust levels, allowing miners and operators to identify problems and make necessary adjustments; requires immediate corrective action for excessive levels of dust; and has a phase-in over a two-year period to give the industry the time it needs to adjust to the new requirements, acquire monitoring equipment, and obtain compliance assistance from MSHA.
Prolonged exposure to respirable coal mine dust causes lung diseases, such as coal workers’ pneumoconiosis, emphysema and progressive massive fibrosis. These diseases, collectively referred to as black lung, can lead to permanent disability and death. According to NIOSH estimates, more than 76,000 miners have died since 1968 as the result of the disease, and more than $45 billion in federal compensation benefits have been paid out to coal miners disabled by black lung and their survivors. Evidence indicates that miners, including young miners, continue to be diagnosed with the disease.
To illustrate the devastating and irreversible effects of black lung disease, I shared with the committee today stories about two coal miners, Mike South and Chester Fike. Both of these men developed black lung disease and eventually received double lung transplants. However, due to complications, unfortunately, black lung still claimed their lives.
In testimony submitted to the subcommittee, I reflected on the safety achievements of record low fatal and injury rates with the recent historic low number of coal mining deaths and the challenges including the recent rise of deaths in the metal and nonmetal sector. I highlighted a number of other initiatives that we at MSHA set in motion starting in 2009 and 2010 that have improved mine safety and health. Among them:
- Strategic enforcement initiatives, including impact inspections of troubled mines and revised Pattern of Violation procedures to rein in chronic violators;
- Compliance initiatives including Rules to Live By to prevent common types of mining deaths and guarding guidance to improve compliance with the most frequently cited metal nonmetal standards;
- Extensive outreach to mine operators miners and other industry stakeholders, along with improved delivery of training and education to trainers and operators;
- Taking action, with the Solicitor’s Office, to protect miners’ rights to voice health and safety concerns without fear of retaliation;
- Strategic rulemaking to better protect miners’ health and safety; and,
- Major improvements to mine rescue systems and processes.
Although there is more work to be done, all the MSHA achievements and progress that I shared with the committee today was a reflection and testament to the hard work and dedication of all MSHA employees to our agency’s mission—to make sure that miners go home at the end of each shift safe and healthy. As noted, the industry has also contributed to the progress made in mine safety and health.
Subcommittee Ranking Member Representative Frederica Wilson applauded the work that MSHA has done and the reforms such as monthly impact inspections and finalizing rules to prevent black lung and crushing injuries that have been implemented. Representative Wilson said, “MSHA has taken substantial steps to better protect the safety of our miners and that is what our Committee is all about.”
In closing the 90-minute hearing, Subcommittee Chairman Representative Tim Walberg praised MSHA’s collaboration with stakeholders in the mining industry. “We have a record now of success,” the Chairman said. “The continued improvement we’ve seen in last seven years is something we ought to applaud and celebrate.”
4-23-2015