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According to a report published in the September 2018, edition of the American Journal of Public Health, the National Institute for Occupational Safety and Health (NIOSH or Agency), one in every ten coal miners who have worked for at least 25 years in the industry has been identified as suffering from Pneumoconiosis or Black Lung disease. The situation in West Virginia, Kentucky and Virginia is much worse. NIOSH data has determined that one in five miners with two and a half decades mining experience in central Appalachia have contracted some level of the disease. The Agency also noted that the number of miners diagnosed with progressive massive fibrosis (PMF), the most severe form of the disease, will likely increase at the same rate in the coming years.

“The situation facing miners diagnosed with Black Lung disease has always been bleak,” stated President Roberts. “The fact is, there is no cure for Black Lung, so a miner diagnosed with the disease will see their health continue to slowly deteriorate until they can no longer walk across a room or lay flat in their bed. Eventually, they will die a cruel and hideous death by suffocation. It is becoming more and more apparent that despite all the progress we thought was made to control dust levels in the mines since the Coal Act was passed in 1969, the disease has not been eradicated. In fact, these studies show the disease is worse than ever before. Without aggressive and impartial enforcement, the scourge of Black Lung is destined to continue.” Roberts continued, “It is not a coincidence that the vast majority of these new cases of the disease have been diagnosed in miners working at non-Union operations across the country. The United Mine Workers of America has been fighting for the health and safety of mine workers for more than 129 years and we are certain our presence at these operations would dramatically reduce the occurrence of the disease. It is clear that with the number of new cases of Black Lung being diagnosed reaching historic levels, action must be taken to determine the root causes of this epidemic and correct this public health crisis. The UMWA is ready to fill that void and help reverse this horrific trend.”

Today, Black Lung rates in the United States are higher than the ones that forced Congress to pass the Coal Mine Safety and Health Act of 1969, that set maximum dust levels permitted in the Nation’s mines. To put this health crisis in perspective, the number of cases of Black Lung diagnosed through 2016 in West Virginia and Kentucky have increased over 16 percent compared to 1970. In Virginia, the same year comparison shows an increase of over 31 percent. Doctors from the National Institute for Occupational Safety and Health have described the incidence rates as nothing short of an epidemic.

Black Lung Disability Trust Fund Recipients Face Uncertain Future

December 18, 2018, was a significant day in the lives of coal miners who are already afflicted by Black Lung and current miners who may contract the disease. The date, which many miners may be unaware of, was actually established by Congress in 1981 as the day the excise tax placed on every ton of coal produced in the United States would be reduced by 55 percent. This tax is used by the federal government to provide the revenue necessary to operate the federal Black Lung Disability Trust Fund (Trust or Fund). Congress set this arbitrary deadline in 1985 believing that Black Lung would be eradicated before the coal excise tax expired in 2018. Prior to the expiration of the Coal Excise Tax, operators paid $1.10 on coal produced underground and $.55 on surface coal.

According to the Congressional Budget Office (CBO), had the Tax been extended, the Trust Fund’s current $6 billion debt would have been reduced to $4.5 billion by 2050. An increase of $.25 per ton of coal would have eliminated the debt altogether. The CBO has determined that allowing the tax to expire, as Congress did in December, will allow the debt to explode and require a multimillion-dollar taxpayer bailout to prop up the Trust Fund.

“No matter how far we seem to come in this Country, whether it is advances in science, technology, medicine or a host of other subjects, some things never seem to change,” said Secretary-Treasurer Allen. “I suppose many industries deny the problems they cause, but the people who own and operate coal mines seem to be the worst. They all argue that they should be allowed to make as much money as possible on their investment without government interference. Then when their actions cause major economic or health problems, they want the government to force taxpayers to bail them out. That is exactly what happened in the aftermath of the recession of2008 and that is what coal operators are asking for now. They want to keep their profits private but socialize their losses. It is time for Congress to tell these businesses they are responsible to pay, not the American taxpayer.”

With a Crisis on the Horizon, Kentucky Punishes Workers

On March 30, 2018, Kentucky’s Republican Governor signed House Bill-2 which was passed earlier in the year by the Republican controlled Legislature. The bill stops workers’ compensation payments, including Black Lung benefits, after 15 years from the time the sick or injured worker begins receiving compensation. But after learning about the alarming increase in the occurrences of Black Lung disease among current and much younger miners, the Legislature used HB-2 to further protect the industry. In response to industry lobbying, they barred radiologists and physicians who are certified B-readers from reading and making determinations on miners’ chest x-rays. Breaders are physicians certified by the National Institute for Occupational Safety and Health as demonstrating proficiency in classifying x-rays for pneumoconiosis. As a result of the new law, there are only four doctors in the state certified to read miners’ chest x-rays and determine if miners have Black Lung – three of these physicians are coal industry consultants.

“The inaction by the United States Congress and the action by the state of Kentucky is absolutely unbelievable,” stated President Roberts. “It is a failure of courage for Congress to refuse to take the action necessary to help sustain the Federal Black Lung Disability Trust Fund by changing a date set over three decades ago. As for the Kentucky Legislature, it is obvious that they have determined who they are beholden to, and it is not the workers or voters of the state. It is impossible to look at these two decisions and not see that some of our elected representatives have clearly chosen sides in this matter. Unfortunately, they have chosen to stand with their wealthy donors and cast sick and injured workers aside. I don’t know how they can look at themselves in the mirror or sleep at night. They must be held accountable for the human suffering they are causing. This is unconscionable.”

Senator Joe Manchin (D-WV) has introduced Senate Bill 27 that would restore funding to 2018 levels.

“Before we get started with our discussion, I would like to note that December 22, 2018, marked the start of a new term for the Line Officers, members of the International Executive Board (IEB) and District Representatives of the United Mine Workers of America. Many of the members of the IEB were re-elected to a five-year term and a few others were elected for the first time. I  am pleased to say every member of the International Executive Board ran for office as part of the Roberts – Allen Slate. It is extremely gratifying for me and the members of the Executive Board to have received the overwhelming support of the members of the Union. I am extremely humbled by your faith and dedication to the United Mine Workers of America. Secretary-Treasurer Allen and I, along with the entire Executive Board, will do all we can to continue to earn your trust and support.”

Journal: Are you optimistic about the challenges facing the Union in the coming year?

President Roberts: Certainly! Anyone who has been a Member of the United Mine Workers of America for any length of time and understands our history should feel confident about the Union’s ability to meet the challenges ahead. The bottom line is that the UMWA has always faced adversity head-on. It has never mattered how large the obstacle or how many say the problems cannot be solved, the UMWA never stops fighting and it never backs down. The challenges we face as a Union and as workers are significant and the solutions may not come easy, but there is no doubt in my mind we will be successful.

Journal: You are extremely confident. How do you maintain that outlook?

President Roberts: There are many reasons I remain certain we will prevail in our struggles. First, I am fortunate to work side-by-side with Secretary-Treasurer Allen and members of the International Executive Board whose sole purpose is  to protect and enhance the lives of UMWA Members and their families and lift up all working women and men across this Nation. The Union’s accomplishments over the years have been the direct result of the actions of the IEB and the support of the Membership. The victory at Pittston and the ‘93 nationwide strike helped set the stage for the Union to negotiate every successor agreement to the 1993 National Bituminous Wage Agreement without a strike. The Union’s effort to protect and preserve retiree health care, from the passage of the 1992 Coal Act through the signing of the House Resolution 244, the Consolidated Appropriations Act of 2017, which guaranteed the health care of 22,600 UMWA Members and their families, is unprecedented. We also need to remember that in 2006 the Union successfully opened the 1977 federal Mine Safety and Health Act to add additional protections for active miners. We have been in lockstep in our decisions to build on the Union’s past successes, secure the retirement our Members have earned and ensure the Union’s future for generations to come. However, the most important reason that I am convinced the UMWA’s future is bright is because of the Membership. They have been so supportive of the decisions we have made to deal with the problems facing the Union. But it is so much more than that. The resolve and solidarity of the Membership has been on display in every struggle. Since the first demonstrations against Peabody, Arch and Patriot, they have rallied, lobbied and been arrested to protect what they have earned. That commitment continues to move the Union forward today. They have always answered the call to engage in the fight. They board the buses and drive halfway across the Country to attend rallies. They continuously travel to Washington, DC to lobby Congress, and when they aren’t in D.C, they visit Congressional field offices in their state. They are everywhere they are needed, any time they are needed. The Membership of the UMWA and their families are the greatest Union Members in the greatest Union in the world. They are the reason we will win the battles ahead, and I am so proud to be President of the shock troops of the American Labor Movement.

Journal: The pension problem facing millions of American workers is reaching a crisis point. What is the UMWA’s plan for the coming year?

President Roberts: The Union’s approach will remain the same, tactics may be adjusted from time-to-time as particular situations arise, but the overall strategy has never changed. The UMWA negotiated an agreement with the President of the United States in 1946 that promised miners pensions and health care for life. We intend to continue to fight on many fronts until Congress fulfills its commitment to these miners. Miners and their families have fulfilled their obligation to this Country and now the Country must “Keep the Promise.” We are not asking for anything the Membership did not already earn. I do want to point out that the effort to secure these pensions has been continuous since this process started. We all know that the Joint Select Committee on the Solvency of Multi-Employer Pension Plans (Committee) formed by Congress in February of 2018 was supposed to find a solution to the problem and propose a legislative fix in November of last year. We also know that did not happen. But the Union did not stop applying pressure in the weeks and months following the Committee’s failure. UMWA Members arrived on Capitol Hill and in Congressional field offices the following week to push Members of the Committee to continue working on a solution and to lobby other members of Congress to support a legislative fix to the problem. So, the Union’s efforts to preserve the pensions of current and future retirees and their families continues uninterrupted. The International Executive Board has adopted a plan and provided the resources to carry that plan forward. The members, as is always the case, have been doing everything possible to push Congress to deal with the problem and secure the pension miners and their families have earned. I will be traveling to the coalfields soon to meet with the membership and discuss our future plans.

Journal: You mentioned the Joint Committee. What role does it play in finding a solution since it missed the November 30, 2018 deadline?

President Roberts: Well, I should start by saying some of the leaders in Congress did their best to try and create a Committee  that was knowledgeable about the situation and find a solution. For others, I can’t be too sure what their motivation was. It is also difficult to understand how Senators and members of the House of Representatives from key coalfield states were not part of the Committee process. The make-up of the Committee was one obstacle we must acknowledge, but there are others. I would suggest that the field hearing conducted by the Committee in Columbus, Ohio was very telling, and by the way, it was the only field hearing the Committee held. On the day of the hearing, only one Republican member of the Committee even showed up in Columbus to participate in the proceeding. Further, no Republican spoke to the thousands of members of the UMWA, Teamsters, Bakery Workers or other Union members who held rallies at the Ohio Statehouse during the hearing. That, I think, says a lot about the commitment of some Committee members to the process. Finally, the undemocratic mandate for voting on possible legislation to present to the U.S. Senate was not helpful. I believe if a simple majority of lawmakers sitting on the Committee was all that was required to move the legislation forward, there may have been a chance to reach a solution. That is the way the democratic process normally works, but not in this case. The rules for the 16-member Committee were different. With the Committee evenly divided between Democrats and Republicans, the rules required 5 members from each party to vote yes to move any legislation to the Senate floor for a vote. That is a pretty tall order if you think about it. In reality, you could have 12 members agreeing on a solution, but if only four of them are from one party or the other, the process fails. That makes no sense. Without dwelling too much on this matter, let me just say this; there are some members of the Committee who are still trying very hard to find a solution to the pension crisis, and I give them credit for their efforts. However, as I said from the time the Committee members were named, the UMWA had very little faith in its ability to actually fix the problem. So, it is time to move forward and continue to work with our friends in Congress until we succeed in preserving our pensions. It is not if we will win, it is when we will win.

Journal: Since October of 2018, two more coal operators have filed for bankruptcy. How is the Union planning to deal with the situation?

President Roberts: Pretty much the same way we have dealt with the rash of coal company bankruptcies we have been involved  with since Patriot first filed in 2012. Unfortunately, UMWA Members have become all too familiar with the bankruptcy process in the past several years. Mission and Westmoreland Coal are simply the latest to utilize the roadmap laid out by Patriot to get the company executives big bonuses while they destroy the lives of the men and women who worked for years to make the company millions of dollars. I have got to believe there is nowhere else in the world, except a third world country, where a company can get away with doing this to workers. Just think about how the bankruptcy laws in the United States really work. An owner or operator of a company in this Country makes certain commitments and obligations to hard working employees for their lifetime of service, then they run the company into the ground. They go to court and tell the judge the company is broke and ask if they can dump their obligations to the workers, then ask for a bonus for themselves and their friends to continue to live the lifestyle they are accustomed to while they go through the bankruptcy process. These laws are so unjust, it is hard to believe we are in America. In the end, the Union will be deeply involved in the court process, filing legal briefs and paperwork necessary to stake our position and protect the Members and families adversely affected by the actions of these two companies. Members of the Union are already involved in actions at the various mine sites and corporate offices. They have written letters to the Judges in the cases and we will use whatever leverage and tactics necessary to preserve the benefits these miners and their families have earned. I believe we have made it clear over the years that the coal operators and the courts can take the actions they feel necessary, but none of this will be over until the Union says it is. As I stated previously, we are all too familiar with the bankruptcy process and how it destroys the lives of working people. However, it must be pointed out that no UMWA retiree or family member has lost their health care or pension, and no active worker has been replaced, since the first coal company bankruptcy was filed in 2012.

Journal: What other issues will the Union be dealing with this year?

President Roberts: The Union has several other objectives we must meet in 2019. The 2016 National Bituminous Coal Wage Agreement could be reopened by either side and “operate to increase or decrease wages” in the contract. Certainly, we will be assessing that possibility and working with the membership to determine the best action to take. I plan to meet with all the Local Union officers from Murray operations to discuss the reopener in the near future. There are other contracts that the Union has been working to complete in the past several months. The bus drivers at Denver International Airport are in the middle of some difficult negotiations. The Members of Local Union 8431 transport the airport staff from the various parking facilities to the terminals where they work. We will continue talks between the Union and the company until we reach an agreement. There are also ongoing talks about the collective agreements on the Navajo Nation. Some of the previous contracts with the Navajo government have expired so we need to work with the officials from the Navajo Nation to reach new agreements. The recent election on the Nation brought new leadership to the reservation and that brings new ideas and sometimes differences that were not present in the past. We are working through those issues and hope to have an agreement soon. The Union continues to be deeply engaged in the efforts to build a new prison in Fayette County, Pennsylvania. We are confident that is finally going to happen, thanks to the dedicated efforts of the Members and elected official in District 2 and Region I. The current facility was built over 100 years ago and is no longer a safe place to house prisoners or for the members of Local Union 9113 to work. This has been an ongoing struggle for the Union and the County, however, we are very optimistic a new prison will be built.

**Since the Journal’s publication, Local Union 8431 was able to successfully negotiate a contract.**

Journal: This appears to be shaping up as another busy year for the UMWA and the membership.

President Roberts: I think that is pretty much the case every year. The fact is, we must not only continue to pursue the long term issues we have been dealing with like pensions and health care, but the Union must address the matters that are coming up this year. This is nothing new. In fact, it would be shocking if we were not dealing with dozens of issues all at once. It is important to remember that all of these issues will be managed in the most efficient and effective way possible. The Officers and staff are well prepared for the challenges ahead. Finally, I think we also need to look at the current political climate in this country. More and more politicians and people either talk past one another, or worse yet, simply want to yell at each other. This inability of politicians to work together has a very detrimental impact on all working people. As we sit here and discuss the Union’s 2019 agenda, there are over 800,000 federal workers who were willing to work, but were either laidoff or were working and not getting paid. Shutting down nearly onequarter of the federal government is really ridiculous. It demonstrates how dysfunctional our political system has become. To have a budget impasse that holds hundreds of thousands of workers hostage is unacceptable. For our part, the UMWA assisted the Union’s that represent these workers by pressuring elected officials to pass measures to reopen the government and by attending rallies to support these workers. The International Executive Board unanimously adopted a resolution in support of our Union Brothers and Sisters who work for the government.

Journal: Is there anything else you would like to say as we conclude this interview?

President Roberts: There are many challenges facing the Union that we are all fully aware of at this time. There will also be issues that arise during the year that we will need to respond to and deal with. That is simply the way things work. However, no matter what we encounter there is no doubt in my mind the Members of this Union, their families and our supporters will meet those challenges. We will persevere because of the dedication and hard work of the Members of the United Mine Workers of America. I am planning to hold coalfield conferences during the first half of 2019 to discuss the pension issue and other pressing matters. In conclusion, let me say that we all know the UMWA has a very rich history. While we do not seek to dwell on the past, it is important to remember those events that shaped the values and chartered the course of our great Union. In 2019, we will mark the 35th Anniversary of the Wilberg Disaster that claimed the lives of 27 miners. We will also celebrate the 30th Anniversary of the Pittston strike. A strike that lasted 10 ½ months and resulted in the greatest labor victory in nearly half a century. Finally, on May 19, 2019, we will commemorate the 99th Anniversary of the Matewan Massacre. The gun battle that ensued after Baldwin-Felts thugs evicted striking miners from their homes resulted in the death of two miners, seven thugs and the town’s mayor Cabell Testerman.

Captain Richard Palmer, a Member of Local Union 1473 in sub 6 District 31, has been maneuvering the waters of the Ohio River since he was nine-years-old when his father, Captain Richard “Dick” Palmer, captained a ferry boat down the Ohio River, between Dilles Bottom, Ohio and Moundsville, West Virginia.

Brother Palmer, a Navy Veteran who has received awards in battle efficiency, humanitarianism and good conduct during his service, is Captain of the Donna Lee, a tugboat owned by the Ohio County Coal Company. It was on the Donna Lee that Palmer was able to prevent a catastrophic collision between barges which were uncontrollably moving toward the dock where Members of Local Union 1473 were working. High waters had caused several barges to break loose and sail directly toward the men working on the coal dock the night of January 13, 2018. His quick action and experience is credited with saving several lives during the event.

“What I saw was nothing less than miraculous,” L.U. 1473 Vice President George Starkey said. “Captain Palmer maneuvered the Donna Lee to keep not only himself safe, but his deck hand and others as well. It was automatic. He saw the problem and immediately reacted. He never hesitated. He took action and saved lives.”

“The main priority for me was to prevent anyone from getting hurt and to save the dock,” Captain Palmer said. “I can’t and won’t take all the credit for what happened. I thank God, my Dad and the Donna Lee that I am still alive and that I have a job that gives me the chance to do what I love.”

“Brother Palmer has been a member of the UMWA since 2009. He is a very skilled river boat captain and a strong supporter of the Union. He risked himself and his boat in order to save the lives of his fellow Brothers and Sisters,” said President Cecil Roberts. “This is commendable and something we should recognize. Watching out for one another is what being a part of a Union is all about. It is about unity and solidarity. He was willing to sacrifice his own personal safety to protect his fellow Union Brothers and Sisters.”

“I am proud to say that Brother Palmer is one of our Members. He loves his job, loves his Union and loves his Brothers and Sisters,” International District 31 Vice President Mike Caputo said. “He has demonstrated his skills as a Captain and his dedication as a Union man.”

Captain Palmer received his Masters Licensure in 1987 and has captained various haul boats for more than thirty years. He started at the Ohio County Coal Company in 2009 and has been the pilot of the Donna Lee ever since.

Recent studies show that the occurrence of Pneumoconiosis, or Black Lung disease, among coal miners across the Nation has skyrocketed beyond anything ever seen before in the industry. Younger, less experienced miners are contracting the disease at an earlier age, subjecting them to a shortened and debilitating existence until they ultimately succumb to the ravages of the illness.

As Miners are Contracting Black Lung at Historic Rates Mine Operators and the Government Act Surprised

Data from Black Lung Clinics across Appalachia, reported by National Public Radio (NPR) and studies by the National Institute for Occupational Safety and Health (NIOSH) have all come to the same conclusion. The occurrence of Pneumoconiosis and Complicated Massive Pulmonary Fibrosis is being diagnosed in unprecedented numbers across the region. Perhaps even more alarming, is that many of the individuals contracting the disease are younger miners with less than 20 years of mining experience. The information obtained from eleven Black Lung Clinics in Pennsylvania, West Virginia, Virginia and Ohio discovered 962 cases of the disease from 2010 to 2015. This is nearly ten times the number of cases reported by NIOSH during those five years. NPR also stressed that the frequency rate could be even higher because some clinics had incomplete records and other clinics refused to provide information. “The government can claim they are doing all they can to reduce miners’ exposure to coal mine dust and operators can argue the industry isn’t at fault, but there is clearly a problem here,” stated President Roberts. “There is only one way miners get Black Lung disease. They are breathing air that contains excessive amounts of respirable coal dust. Having stated the obvious, it becomes clear that the law is not being properly enforced or mine operators are not following mandatory health and safety standards or both. There is no other explanation. When enforcement does not exist and operators are permitted to police themselves, miners die. This is not hype and it is not overreaction, I am simply stating the facts. Now, we need to stop talking about how we got here or why we are here and find the solution. Miners are dying.”

Ignoring History does have Consequences

The history of Black Lung disease, like many industrial illnesses workers have faced throughout their careers, is rooted in the mischaracterization, denials and lies of the powerful corporate barons who own and operate the mines, mills and factories. For victims of Pneumoconiosis, the story started with the denials that
the disease even existed. For over one hundred years, as miners died from their exposure to coal mine dust, the operator refused to acknowledge the problem. When it became apparent to the public that miners were suffering from abnormally high numbers of chronic lung conditions, mine operators attempted to extoll the virtues of the symptoms, claiming that the choking and coughing would actually clear the miners’ lungs and keep them healthy. Company doctors, hired and paid for by the operators, even claimed it was healthy for miners to breath coal dust. Finally, when there was no recourse but to accept the medical reality that miners were dying because of the dusty environment they were forced to work in, mine operators laid the blame at the feet of the miners. In the eyes of the coal barons, the miners who are slowly suffocating from this insidious disease are lying about their condition to collect benefits they do not deserve. In a shameful twist, the coal operators have put all their energy into playing the victim. They have spent almost 200 years blaming everyone else for the conditions that miners suffer. The resurgence of the disease in recent years has not changed the operators or their trade associations’ misinformation campaign.

From Mine Operators to the NMA, it’s the Miners Fault or Miners are Liars

The most recent tact by mine operators and the National Mining Association (NMA) ring ominously familiar to the past. The latest iteration of the miners’ lung problems is a rare and debilitating disease known as Idiopathic Pulmonary Fibrosis (IPF). Despite the fact that the cause of IPF is unknown and that it effects people over the age of 55 almost exclusively, it is the latest attempt by the industry to distance itself from exposing miners to excessive coal dust. The fact that almost every one of the estimated 42,000 individuals who will be diagnosed with IPF this year will be over the age of 65 and have no connection to coal mining does not stop the industry propaganda machine. The industry also relies on the decades-old idea that smoking is the culprit. But according to Dr. David Blackley, head of Respiratory Disease Studies at the National Institute for Occupational Safety and Health, [Black Lung] is “…an incurable disease caused by inhalation of coal dust…it is not caused by smoking” and “…is easy to distinguish with x-rays.” However, industry apologists still use the old familiar tactics despite medical evidence to the contrary. Bruce Watzman, head of Regulatory Affairs for the NMA, reiterated the tired old lie about the disease. He noted that based on, “… discussions with those who administer this program for [coal] companies… more often than not, we are called to provide compensation for previous or current smokers.” “Miners have been mining coal to power this Country for more than 200 years, which is just as long as mine operators have been lying about Black Lung disease,” said Secretary-Treasurer Allen. “No matter what the circumstance; inadequate ventilation, excessive dust, a mine explosion or in this case miners suffering from Black Lung disease, mine operators never accept any responsibility for their actions. The excuses never seem to end. More than 100,000 miners have been killed in this industry and over 100,000 more have suffocated to death from Pneumoconiosis, but I have never met a coal operator who has offered anything but excuses and used tainted evidence by company paid physicians to place blame elsewhere. The stories never change; a miner dies in an accident or succumbs to black lung, the coal operator blames the miner or claims it was an act of God and forgets the miner ever lived, let alone worked for the company. It’s a sad situation that just keeps playing over and over.”

You can find the remainder of this story in your copy of the July/August UMW Journal. 

To subscribe  to the UMW Journal call the Journal Department at 703-291-2405.

From the early days of the 20th Century, until the passage of the 1969 Coal Act in the wake of the Farmington #9 Disaster, over 100,000 miners died in the United States from Black Lung Disease. In 1978, the federal Mine Safety and Health Act set limits on miner’s exposure to respirable dust, and the incidents of Black Lung slowly decreased across the industry. By the mid-1990’s, many in the industry were touting the eradication of the disease all together.

In 2016, that notion was shattered when National Public Radio (NPR) announced it had uncovered an alarming increase in the worst kind of Black Lung cases known as Progressive Massive Fibrosis (PMF) or complicated Black Lung in Pennsylvania, West Virginia, Virginia and Ohio. The report showed that from 2010, until its release in December of 2016, eleven Black Lung clinics in these four states identified 962 cases of the disease. NIOSH reported a small clinic in Kentucky had diagnosed 60 cases of PMF in a twenty month period.

As Black Lung Rates Increase, Government Tries to Back Away

“This is an extremely disturbing situation,” said Secretary-Treasurer Allen. “In December of 2016, we hear that NPR is breaking a story about a huge increase in Black Lung cases among younger, less experienced miners. Then, just a month later, in January of 2017, the U.S Department. of Labor issued a notice of Proposed Rule making for the sole purpose of reducing medical benefit payments from the Black Lung Trust Fund. Now we are learning that the incidence of the disease is far worse than first reported and is considered by some experts to be an epidemic. This is absolutely unacceptable. We must determine the reason for the spike in Black Lung cases and take action to address the problem. At the same time, we need to ensure miners who have contracted the disease receive the medical treatment they deserve.” The latest report issued by NIOSH in February of 2018, confirms 416 cases of PMF in three clinics in central Appalachia from 2013 to 2017. According to news reports, NIOSH epidemiologist Scott Laney noted, “This is the largest cluster of progressive massive fibrosis ever reported in scientific literature.

This is a Compliance Problem

“The resurgence of this horrible disease is the result of many factors that are impacting the coal industry today,” stated President Roberts. “Many experts and industry officials have cited a litany of reasons for the increase, but in the end, none of those things matter. The fact is, Black Lung is a preventable occupational illness. With the knowledge we have about how this disease is contracted and the technology currently available to mitigate respirable coal mine dust, there is no reason for a miner to contract Black Lung. This is not a dust problem, it is an enforcement and compliance problem. It is about mine operators putting production above miners’ health and safety while state and federal agencies worry more about compliance assistance programs than they do about enforcing the law. Steps must be taken immediately to correct this situation.” Stone Mountain Health Services, which operates clinics and services miners primarily from Virginia, Kentucky and West Virginia, generally diagnoses five to seven cases of PMF annually. In recent years, that number has skyrocketed. Since NIOSH concluded its fieldwork just over a year ago, Stone Mountain Clinics have diagnosed 154 new cases of PMF. “It is absolutely outrageous to be in this situation in 2018,” said President Roberts. “We know how to prevent this disease, but given these numbers, it is clear preventative measures are being ignored. We also know that once a miner contracts Black Lung, there is no cure. They will be subjected to the slow and painful death by suffocation that is the end result of this insidious disease. Miners and their families deserve better, and the UMWA will do all it can to see this problem is properly addressed.”

For more information about the recent Black Lung reports click here.

In the wake of the deaths of 54 coal miners, 29 at the Upper Big Branch mine alone, while running Massey Energy, being convicted by a jury of his peers of conspiring to violate federal safety standards and serving a year in a California correctional facility, Don Blankenship is opting for a new career.

Blankenship, like other individuals who have money they want to translate to power, has decided to use his fortune to run for the U.S. Senate. According to Blankenship’s official filing with the West Virginia Secretary of State and the Federal Election Commission (FEC), he has listed his address as a post office box in Williamson, West Virginia. The filing appears to contradict statements made by Blankenship and his criminal defense lawyers who have repeatedly told the federal courts that Blankenship’s “home” is in Las Vegas.

Article 1, Section 3 of the U.S. Constitution states, “No person shall be a Senator … who shall not, when elected, be an inhabitant of that state from which he shall be chosen.” Technically, he still has time to establish residency in the State of West Virginia prior to election day. However, his actions since being released from prison and comments by a law enforcement official in Nevada, raise questions about how he intends to adhere to the Constitutional requirements. The convicted coal baron’s one year of supervised release ends May 9, which is one day after West Virginia’s primary election. At Blankenship’s request, his supervised release recently was transferred to a federal court in Nevada. According to press reports, a probation officer in Las Vegas also told the court that Blankenship has purchased a home in Nevada and plans to make that “his primary domicile.”

“The idea that Blankenship is running for the U.S. Senate should be enough to keep the citizens of West Virginia, and the rest of the country for that matter, up at night,” said Secretary-Treasurer Allen. “On the surface, some people might think this situation is laughable, but we need to take this very seriously. His track record, while operating Massey Energy, was horrendous. We cannot take the chance of him becoming a Senator.” “I would suggest that the Constitutional questions that have been raised about Blankenship’s ability to run for a Senate seat in West Virginia while living in Nevada are legitimate concerns. However, let’s not forget who we are discussing here,” said President Roberts. “He had absolutely no respect for the law while operating Massey Energy, so I have no doubt that he isn’t too concerned about the requirements contained in the United States Constitution. His contempt for anything that is not about him, is just who Don is.”