‘Moving full steam ahead:’ On Labor Day, MSHA official hopes for a safer future for miners • West Virginia Watch

This Labor Day, as a new federal rule is being rolled out to prevent deadly black lung disease in miners, Christopher Williamson is remembering the coal miners who fought for the creation of his agency and who weren’t afforded the protections that current and future workers hopefully will.

Williamson, assistant secretary for the Mine Safety and Health Administration, is a Mingo County native. Since he entered his federal position about two years ago, he’s focused heavily on developing and now  implementing the new silica rule that was finalized earlier this year.

“I come from the southern coalfields. I know mining. This issue is not one that needed to be explained to me … it was a priority for me from the moment I got confirmed and walked in the door at MSHA,” Williamson said. “Looking and reflecting on it in the context of Labor Day — especially in the context of all the labor history in West Virginia that I’m very familiar with and happened in my backyard — all these miners in West Virginia fought for my agency to be created, fought for these regulations that are in place, fought for the Mine Act to be put in place.”

When the Federal Mine Safety & Health Act of 1977 was passed, Williamson said, it’s main goal was made clear in the first sentence on its first page: “the first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource — the miner,” the act reads.

Today, Williamson said, the new silica rule will, hopefully, do just that.

The new rule — initially proposed in July 2023 — implements for the first time ever a separate exposure limit for silica dust in mines, cuts the maximum exposure limit to 50 micrograms per cubic meter for a full-shift and creates an “action level” for when exposure comes at 25 micrograms per cubic meter for a full shift. It also establishes uniform exposure monitoring and control requirements for mine operators to follow as well as increasing sampling requirements. It was finalized in April and most of it began to go into effect in June.

The rule’s implementation comes more than five decades after the federal government first recommended limiting silica exposure among workers based on a wide body of evidence and years after other industries adopted similar standards to enforce the exposure limits of silica.

It also comes as younger coal miners in the region are being diagnosed with the disease at rates unseen by their predecessors due to a lack of easily accessible coal and an increase in the amount of silica-rich sandstone they have to dig through to reach what remains.

According to the Centers for Disease Control and Prevention, about 20% of coal miners in central Appalachia are suffering from black lung — the highest rate detected for the disease in more than 25 years. One in 20 of those coal miners are living with the most severe form of the condition, and fatalities tied to black lung are steadily increasing in central Appalachia faster than the rest of the country.

“Unfortunately, there’s been too many generations of miners in West Virginia and other places that have had to sacrifice their lungs just to support their families,” Wiliamson said. “This rule is a huge step forward to try to prevent those types of things from happening.”

The rule grants MSHA, for the first time, the authority to issue citations at mines that report elevated levels of silica dust without efforts to remediate. When levels are too high, the agency can issue a withdrawal order, meaning workers must leave the mine until the levels drop and corrective actions are taken. Williamson said this alone is an improvement that will change how the agency is able to perform its oversight responsibilities.

“We have all these enforcement tools that we can’t use,” Williamson said. “For the first time, we’re going to be able to use the full suite of MSHA’s enforcement authority to protect miners from exposure to silica, and that’s huge. We hope we don’t have to use those things, but we will if we have to.”

The rule isn’t without its challenges, no matter how unlikely they may be to take hold.

In Congress, an appropriations bill for the federal Department of Labor is awaiting consideration by the U.S. House of Representatives. It contains a rider that, if adopted, would halt the use of any Department of Labor funding for the implementation of the rule. That bill previously passed a House subcommittee and the appropriations committee. The Senate’s version of the same appropriations bill, however, does not contain the same language.

Coal mining advocates have decried the efforts to stop the funding, which would complicate enforcement of the rule. Even if it’s not adopted — which is likely — they’ve said efforts by Rep. Robert Aderholt, R-Ala., to include the language is “unconscionable, indefensible and frankly insulting” to the nation’s miners.

For Williamson, until something affecting the rule is actually passed, the efforts in congress are little more than background noise. Officials at MSHA, he said, are staying busy educating those in the mining community about the new policies and ensuring resources are available to become compliant before enforcement starts next year.

“I appreciate the process and I appreciate that [congress goes] through it, but we’re full steam ahead. We’re implementing this thing,” Williamson said. “We’ve got a mission to complete, we’ve got miners to protect, and unfortunately, there are too many that are out there that need this rule and need these health protections. We’re not going to sit around and wait. We’re moving full steam ahead.”