The rule—titled “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection”—will require mine operators to update their respiratory protection programs and aims to protect miners from crystalline silica dust exposure which is directly related to black lung disease. According to the Mine Safety and Health Administration, the enforcement date was pushed back to Aug. 18 due to the “unforeseen NIOSH restructuring” earlier this year.
Now, the UMWA says the enforcement has been pushed back again due to a decision in the U.S. Court of Appeals. A press release said that the delay is from a lawsuit filed by National Stone, Sand and Gravel Association (NSSGA).
“This delay is simply a death sentence for more miners,” UMWA International President Cecil E. Roberts said in the release. “The fact that an industry association with no stake in coal mining can hold up lifesaving protections for coal miners is outrageous. The Department of Labor and MSHA should be fighting to implement this rule immediately, not kicking enforcement down the road yet again. Every day they delay, more miners get sick, and more miners die. That’s the truth.”
Roberts called the decision “bureaucratic cowardice.”
As of Friday morning, MSHA has not updated the guidance about the rule’s status on its website.
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