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Advocates Say New Silica Dust Rule Won't Curb Black Lung; Affected Miners Are Younger, Sicker

By Nadia RamlaganPublic News Service

After the Biden administration released a new rule setting standards to limit exposure to silica dust, Appalachian advocates argued it is not enough to stem the region's black lung epidemic.

The new rule shrinks in half the allowed exposure limit for crystalline silica during an eight-hour shift.

Rebecca Shelton, director of policy for the Appalachian Citizens' Law Center, who represents miners in federal black lung disability claims, said while the rule is beneficial since silica dust exposure standards have not been updated in decades, miners are cutting through increasing amounts of rock to get to coal seams, breathing in more and more toxic dust.

Research from the Centers for Disease Control and Prevention showed modern-day coal miners are at greater risk of respiratory disease than their predecessors, likely driven by inhalation of silica coal mine dust. (NKyTribune file photo by Jeff Swensen for The Guardian)

"In the last decade or so, we have seen miners who are younger than ever before, and also sicker, coming through our doors because of this exposure to silica," Shelton observed. "Silica dust itself is more toxic than just coal dust alone."

The Centers for Disease Control and Prevention said modern-day coal miners are at greater risk of developing respiratory disease than their predecessors, likely driven by increasing silica coal mine dust inhalation.

Shelton pointed out the new rule also requires quarterly sampling and stronger record-keeping requirements by coal operators, with little oversight for compliance and a heavy reliance on the coal industry's willingness to participate.

"Mine operators are going to be responsible for kind of self-auditing, and periodically evaluating the conditions in the mine to assess whether silica dust levels may be increasing, whether they may need to conduct more sampling," Shelton explained.

According to the group Appalachian Voices, one in five tenured miners in Central Appalachia has black lung disease and one in twenty lives with the most severe and disabling form of black lung.

U.S. Limits Deadly Mining Dust As Black Lung Resurges

Federal regulators on Tuesday issued new protections for miners against a type of dust long known to cause deadly lung ailments — changes recommended by government researchers a half-century ago.

Mining companies will have to limit concentrations of airborne silica, a mineral commonly found in rock that can be lethal when ground up and inhaled. The new requirements affect more than 250,000 miners extracting coal, a variety of metals, and minerals used in products like cement and smartphones. Tuesday's announcement is the culmination of a tortuous regulatory process that has spanned four presidential administrations.

Miners have paid dearly for the delay. As progress on the rule stalled, government researchers documented with growing alarm a resurgence of severe black lung afflicting younger coal miners, and studies implicated poorly controlled silica as the likely cause.

"It should shock the conscience to know that there's people in this country that do incredibly hard work that we all benefit from that are already disabled before they reach the age of 40," said Chris Williamson, head of the Mine Safety and Health Administration, which issued the rule. "We knew that the existing standard was not protective enough."

The new requirements were announced by Acting Secretary of Labor Julie Su at an event in Pennsylvania Tuesday morning. They come eight years after a sister agency, the Occupational Safety and Health Administration, issued similar protections for workers in other industries, such as construction, countertop manufacturing and fracking.

Both mine safety advocates and industry groups generally support the rule's central change: halving the allowed concentration of silica dust. But their views on the rule, proposed last July, diverge sharply over enforcement, with mining trade groups arguing that the requirements are unnecessarily broad and costly, and miners' advocates cautioning that companies are largely left to police themselves.

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Coal Miners Have Long Faced Risk Of Black Lung Disease. Now They're Getting New Protections

WASHINGTON — Coal miners will be better protected from poisonous silica dust that has contributed to the premature deaths of thousands of mine workers from a respiratory ailment commonly known as black lung disease, the Labor Department said Tuesday as it issued a new federal rule on miners' safety.

The final rule, announced by Acting Labor Secretary Julie Su, cuts by half the permissible exposure limit for crystalline silica for an eight-hour shift.

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