UMWA attacks Rep. Aderholt over silica dust regulations

 

Source: Alabama Politcal Reporter

July 4, 2024

A subcommittee that Aderholt chairs supported cutting funding for a regulation meant to prevent coal miners from developing black lung.

On June 28, the United Mine Workers of America released a statement harshly criticizing Alabama Representative Robert Aderholt and a subcommittee he chairs for a proposed amendment to the 2025 Department of Labor Appropriations Act.

The section at issue reads: “None of the funds made available by this Act may be used to administer, implement, or enforce the proposed rule entitled ‘Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection.’”

Proposed by the Mine Safety and Health Administration in 2023, the rule would set new limits on the amount of silica dust in the air that miners breathe.

The MSHA lists that breathing silica dust has been linked to “silicosis (i.e., acute silicosis, accelerated silicosis, chronic silicosis, and progressive massive fibrosis), nonmalignant respiratory diseases (e.g., emphysema and chronic bronchitis), lung cancer, and kidney disease.”

UMWA president Cecil Roberts called the rule “crucial for combating the worsening epidemic of black lung disease.”

“It is difficult for me to understand how certain members of Congress could possibly be supportive of more miners dying a suffocating death as a result of being forced to breathe this dust,” Roberts continued.

A summary of the bill released by the Republicans on the committee described their bill as “[prohibiting] funding to implement the [Department of Labor’s] destructive and anti-worker regulatory agenda.”

Rep. Aderholt’s office has not responded to APR’s request for comment or made a public statement on the subcommittee the Congressman chairs attempting to cut funding for the regulation.

Roberts blasted Aderholt for “prioritizing industry profits over the health and safety of the very workers he was elected to represent.”

“The miners in his district, many of whom already suffer from black lung disease, deserve better than this,” Roberts said. “I can only conclude that Aderholt is telling his constituents that their lives and health are of no concern to him.”

In addition to cutting funding for the new regulation on silica dust, the proposed bill would also prevent the Department of Labor from implementing:

  • New protections for nonimmigrant temporary agricultural workers
  • A change making it harder for employers to classify workers as independent contractors
  • Improvements to labor standards for apprenticeships
  • A clarification allowing retirement funds to incorporate environmental, social, and governance considerations
  • And a rule expanding who employees can use as a representative during OSHA workplace inspections

While it’s unclear if these restrictions will survive votes on the House floor, much less get passed by the Senate, it may be for naught.

Following the Supreme Court overturning Chevron deference in its ruling on Loper Bright Enterprises v. Raimondo, federal courts have begun to rule against more and more proposed federal rules changes.

A Texas judge issued an preliminary injunction on Wednesday against the Federal Trade Commission’s pending ban on non-compete agreements. A Kansas judge issued a similar injunction against anti-discrimination protections the Department of Education had proposed.

Even if the Department of Labor is not prevented from enforcing the MSHA’s new silica dust regulations by Congress withholding funding, it could still fall victim to this new legal status quo.

 

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UMWA condemns U.S. House subcommittee move to defund enforcement of new MSHA black lung silica dust rule

 

Source: The Dominion Post

June 28, 2024

UMWA Condemns U.S. House subcommittee move to defund enforcement of new MSHA black lung silica dust rule

MORGANTOWN – In April, miners and mining labor leaders met with U.S. Department of Labor Acting Secretary Julie Su in Uniontown, Pa., to celebrate DOL’s final rule to protect miners from silica dust – exposure to which can lead to black lung disease.

On Friday, the miners and mine labor leaders criticized a move by a U.S. House of Representatives Appropriations subcommittee to not fund enforcement of the rule. The subcommittee advanced the bill providing funds for DOL and its Mine Safety and Health Administration.

The markup specifies, “None of the funds made available by this Act may be used to administer, implement, or enforce the proposed rule entitled ‘Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory 18 Protection.’”

In April, United Mine Workers of America President Cecil Roberts celebrated. “What does this rule do? It’s not overly complicated. More people will be alive 10 years from now than there would have been if it wasn’t for what we’ve done fighting for this rule. We were on the right side of this. We were doing the Lord’s work here.”

On Friday, Roberts said, “MSHA’s silica standard aims to reduce the amount of deadly silica dust in mine atmospheres, which is crucial for combating the worsening epidemic of black lung disease. It is difficult for me to understand how certain members of Congress could possibly be supportive of more miners dying a suffocating death as a result of being forced to breathe this dust.”

He continued, “These actions are a direct attack on the health and safety of coal miners. The epidemic of black lung disease is a critical issue that demands immediate action. I call on all members of Congress to reject this dangerous provision and stand up for the rights and health of miners.”

MSHA proposed the rule last June. Its current standard for metal/nonmetal (MNM) mines is 100 micrograms per cubic meter of air for a full-shift exposure – meaning an eight-hour time weighted average. For coal mines, there is no separate standard for silica dust.

MSHA’s new standard would match the Occupational Safety and Health Administration standard adopted in 2016: for both MNM and coal mines, 50 micrograms per cubic meter for a full-shift exposure. If a miner’s exposure exceeds the limit, the final rule requires mine operators to take immediate corrective actions to come into compliance.

The rule also establishes an action level matching OSHA’s: 25 micrograms per cubic meter across a full shift. When miners’ exposures is above the proposed action level but below the permitted exposure limit of 50 micrograms, the proposed rule would require mine operators to conduct periodic sampling until miners’ exposures are below the action level.

The proposed rule also includes medical surveillance requirements for MNM miners, modeled on existing medical surveillance requirements for coal miners, and requiring companies to establish medical surveillance programs to provide periodic health examinations at no cost to miners.

Roberts noted that subcommittee chair Rep. Robert Aderholt, R-Ala., represents a district with a significant number of coal mines and thousands of coal miners.

“This would indicate that he is prioritizing industry profits over the health and safety of the very workers he was elected to represent,” Roberts said. “The miners in his district, many of whom already suffer from black lung disease, deserve better than this. I can only conclude that Aderholt is telling his constituents that their lives and health are of no concern to him.”

The Dominion Post contacted Rep. Alex Mooney, who represents West Virginia’s 2nd District – the northern half of the state – noting that he represents coal miners, many who have black lung. His office did not respond.

At some point, in whatever its final form, the bill will cross over to the Senate, so we also contacted Sens. Shelley Moore Capito and Joe Manchin.

Capito did not wish to comment at this time. Manchin’s office said he opposes the defunding measure.

 

Written By: David Beard

US miners’ union head calls House Republican effort to block silica dust rule an ‘attack’ on workers

Source: The Washington Post

June 28, 2024

 

The head of the national mine workers’ union is condemning an effort by House Republicans to block enforcement of a long-awaited federal rule directed at curbing workers’ exposure to deadly rock dust.

CHARLESTON, W.Va. — The head of the national mine workers’ union on Friday condemned what he characterized as an effort by House Republicans to block enforcement of a long-awaited federal rule directed at curbing workers’ exposure to poisonous, deadly rock dust, calling it “a direct attack on the health and safety of coal miners.”

United Mine Workers of America International President Cecil E. Roberts said a budget provision — approved by a U.S. House subcommittee Thursday — prohibiting the Department of Labor from using funding to enforce a silica dust rule operators must be in compliance with next year is “morally reprehensible” and that the action “undermines the principles of fairness and justice that our country stands for.”

“It is difficult for me to understand how certain members of Congress could be supportive of more miners dying a suffocating death as a result of being forced to breathe this dust,” Roberts said in a statement. Silicosis, commonly referred to as black lung, is an occupational pneumoconiosis caused by the inhalation of crystalline silica dust present in minerals like sandstone. Finalized in April by Acting Labor Secretary Julie Su, the U.S. Mine Safety and Health Administration, or MSHA, rule cuts by half the permissible exposure limit for crystalline silica for an eight-hour shift.

The regulation is in line with exposure levels imposed by the Occupational Safety and Health Administration on construction and other non-mining industries. And it’s the standard the Centers for Disease Control and Prevention recommended since 1974. The U.S. Department of Labor began studying silica and its impact on workers’ health in the 1930s, but the focus on stopping exposure in the workplace largely bypassed coal miners.

Su said in April that it is “unconscionable” that America’s miners have been forced to work without the protections for so long: “We’re making it clear that no job should be a death sentence.”

The black lung problem has only grown in recent years as miners dig through more rock layers to get to less accessible coal, generating deadly silica dust in the process. Silica dust is 20 times more toxic than coal dust and causes severe forms of black lung disease even after a few years of exposure.

The increased drilling has meant that severe forms of the disease are being identified even among younger Appalachian miners, some in their 30s and 40s. An estimated one in five tenured miners in Central Appalachia has black lung disease; one in 20 has the most disabling form of black lung.

On Thursday, the House subcommittee did not debate the bill containing the silica dust rule enforcement block before advancing it. A spokesperson for Labor, Health and Human Services and Education Subcommittee Chair U.S. Rep. Robert Aderholt, a Republican representing Alabama, did not return an email request for comment Friday. National Mining Association spokesperson Conor Bernstein said in an email Friday that officials at the organization, which represents operators, haven’t been “involved in this legislation and, therefore, are not in a position to comment.”

Mine safety advocates are scrambling to meet with lawmakers before the bill is scheduled to go before the full House Appropriations Committee on July 10. It would have to be greenlit by that committee before going to the full chamber.

Quenton King, federal legislative specialist for Appalachian Voices, a nonprofit that advocated for the silica dust rule, said the protection is essential to protecting not only coal miners in central Appalachia but metal and nonmetal miners across the country. He said that if allowed to be enforced, it will help save thousands of lives.

“To willfully prevent MSHA from doing that would be killing miners,” he said.

West Virginia Attorney Sam Petsonk, who has represented coal miners who were diagnosed with black lung after companies violated safety violations, said he sees workers every day who have fewer than 10 years of mining experience diagnosed with end-stage, fatal silicosis.

“This is a policy decision by the entire Republican party leadership to throw America’s miners to the dogs,” he said. “It’s insulting and unfair to our communities for them to do this to us. And it’s certainly inconsistent with the idea that the Republicans are trying to help coal miners and coal mining communities.”

 

Written By: Leah Willingham | AP

110th Ludlow memorial service held at site of massacre

Source: Fight Back! News

June 27, 2024

 

Denver, CO – On Sunday, June 23, a group of Teamsters from Denver attended the Ludlow, Colorado memorial service in Las Animas County, almost 200 miles south of Denver. Ludlow is the site of the Ludlow Massacre, a horrific 1914 attack by the National Guard and a mine owners’ militia that resulted in approximately 21 deaths. Victims included wives and children of striking miners.

The Ludlow Massacre was the height of action of the 1913-14 United Mine Workers of America (UMWA) strike in Colorado, and, as historian Howard Zinn describes, it was “the culminating act of perhaps the most violent struggle between corporate power and laboring men in American history.” Tensions were building far before the day of the massacre, however, and these tensions were rooted deeply in the struggle of the coal miners against John D. Rockefeller Jr.’s Colorado Fuel and Iron company.

Miners at the time were demanding better wages, an eight-hour day, less company control, and the right to organize. They also demanded a safer workplace – coal mines at the time were up to ten times as dangerous as other workplaces in the country and Colorado’s fatality rate for miners was double the national average.

Many of the families at Ludlow were European immigrants or local Chicano workers, and there were at least 24 languages spoken at the site. This diverse group was able to maintain solidarity throughout the entirety of the strike. At the memorial service, UMWA President Cecil Roberts spoke on this, noting that in the coal mines, “we are all the same.”

The strike came after a series of mining accidents where dozens of miners were killed. When their basic demands were not met, and they went on strike. At the time, miners were living in company towns outside the mine, but strikers were evicted after the strike was announced. Approximately 200 tents, housing about 1200 miners and their families, were built outside the town in response, and this became the site of the massacre. There were several incidents of violence throughout the strike leading up to the massacre, mostly perpetrated by the company and National Guard.

Mother Jones, notably, was present through the strike and was arrested at least twice in Colorado, serving prison time there. Throughout the strike, according to UMWA President Roberts, machine guns were placed along the camp and occasionally shot into the camp seemingly at random. At times, tents were destroyed through such actions, and injuries and fatalities followed.

The tensions became untenable the day after Orthodox Easter on April 19, 1914. That Sunday was spent in celebration among the miners, and a baseball game was held where even National Guardsmen participated. The day after, however, was bloody and brutal; shots rang out from both sides and company men set part of the camp on fire. Gunfire was exchanged throughout the morning. In an act of solidarity, a train conductor in a passing train stopped on the tracks separating the machine guns from the miners, blocking the bullets. By the end, however, 21 had been killed, many of whom were suffocated by smoke from the fire. After the massacre, miners engaged in armed resistance during the “Ten Days War,” where at least 50 more people died. The strike continued until December and was eventually lost by the miners.

Those who died for justice in the massacre are remembered at the memorial, while the National Guardsmen and company men who murdered them are forgotten. Of the 21 on the plaque at the memorial, 11 were children, ranging from three months old to 11 years. Many who died as a result of the brutal repression from Rockefeller’s men are nameless, forgotten to the history books, yet their example and their determination to fight for their fellow workers needs to be remembered.

The memorial service was not somber; Roberts and UMWA International District 22 Vice President Michael Dalpiaz gave rousing speeches full of righteous anger and statements of solidarity. Dalpiaz states, “We didn’t do it for any reason other than justice for coal miners and working class people.” Roberts notes that Ludlow is not in the history books in schools, but you open any book and “Rockefeller’s name is in there.”

An estimated 15 to 20 unions were represented at the memorial service, and several attendees were descendants of miners who worked at Ludlow. All were there in solidarity with the honorable fight that the Ludlow miners put up that continues to this day. As we are reminded by Mother Jones, “Above all, you must fight!” While many workers today are not living in company towns or tent colonies, all workers share so much with the brave fighters at Ludlow, and to not carry on their struggle is a betrayal of their memory. As one plaque at the memorial says, “We remember the Ludlow martyrs for the courageous stand they took so many years ago on our behalf. We forget their struggle and sacrifice at our peril.”

Ludlow may remain outside the realm of popular history books, but their fight was done for us. Let us continue the struggle, and fight on the behalf of those living 100 and more years from now, just as the Ludlow miners did. Forward with the struggle!

 

Written By: Fight Back! News Staff

Associate Membership Spotlight

Linda Waugh

The next Associate Membership Spotlight shines on Sister Linda Waugh! Linda Waugh dedicated her career as a secretary in the District 17 office in Logan, West Virginia, from 1973 to 2006. Even after her official retirement, she continues to serve as a temporary secretary in District 17 whenever her expertise is needed. As an Associate Member, Sister Linda remains proactive by ensuring her dues are paid monthly, directly from her UMWA pension check.

“Linda is a wonderful person,” said International District 17 Vice President Brian Lacy. “She helps complete pension and health care applications and promotes the UMWA both in the office and throughout her community.”

Linda’s dedication to the union is deeply rooted in her family history. Her father was a retired UMWA member who instilled in her the value of union membership from an early age. Reflecting on her family’s legacy, Linda shared, “I am so thankful for my union benefits that took care of my father and mother for their entire life.”

In 2024, Linda will celebrate 50 years of dedicated service to the UMWA. Beyond her union work, she is actively involved with the youth program at her church and cherishes spending time with her children and grandchildren. Sister Linda Waugh’s unwavering commitment and contributions to the UMWA and her community are truly commendable.

 

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UMWA officials call for meeting with Monongalia County commissioners

Source: W.V. MetroNews

June 12, 2024

 

MORGANTOWN, W.Va. — Members of the United Mine Workers of America want to continue their dialog with the Monongalia County Commission on behalf of employees in the county assessor’s office.

UMWA Director of Communications Erin Bates said in recent weeks the back and forth has included questions about pay, benefits, and a perception of favoritism in the assessor’s office. Bates said union representation would allow each side to negotiate a contract that could be implemented to address the issues concerning the employees.

“There’s a lot of he said, she said with the commissioner’s office,” Bates said Wednesday on WAJR’s “Talk of the Town.” “The employees are saying you’re doing this, and the commissioners are saying we’re doing that, and at the end of the day, a contract is going to rectify a lot of those issues.”

According to commissioners, one assessor’s office employee has approached them about questions and clarifications about the wage and benefit system, and they believe those answers have been provided. Based on the information available, beyond favoritism claims, there were no other direct issues that were identified that workers were having a problem with.

“They want someone to come in and help create a fair, just atmosphere in their workplace,” Bates said. “So, for each little gritty issue that the employee might have, they took the time to come to the union to ask for help, and then they obviously believe they need help.”

Bates said union representation would ensure that all workers in the office are treated the same. The negotiations and contract would provide the framework for expectations and a means to litigate disputes for commissioners and workers in the assessor’s office.

“If I’m doing the exact same job as my co-worker and that person and I are working the same amount of hours and doing the same amount of work, there’s no reason that person should be making substantially more than me.”

Commissioners have said verbally and in writing that there is no resolution needed to allow the employees to hold an election for union representation. The commission has continued to tell the workers they have the right to vote and organize.

“But in the exact same breath, they’re saying they won’t recognize the union if the vote is yes,” Bates said. “So at the end of the day, it’s worse than a broken promise because if you aren’t going to recognize the union if they vote “yes,” what’s the point of voting “yes” for a union?”

Commissioner Tom Bloom was a counselor and coach in the Monongalia County Schools system for 32 years and echoed their position during the regular meeting on Wednesday, June 12.

“We’ve made it very clear; the law is clear, and being part of a union, I’m very knowledgeable about this,” Bloom said. “An election can happen at any time; there is no need for any input from the county commissioners.”

UMWA officials are calling for a meeting with commissioners to work on the details of a vote and who employees would actually bargain with if the union is approved by the workers.

Written By: Mike Nolting 

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MSHA silica dust rule takes effect

Source: TimesNews

June 17, 2024

 

LOUISVILLE, Kentucky– Monday marked the start of tighter silica dust exposure limits for miners across the U.S.

Assistant Secretary for Mine Safety and Health Administration Christopher Williamson joined a roundtable meeting with Kentucky Congressman Morgan McGarvey, D-3rd, federal mine health experts and activists from Kentucky and Southwest Virginia to announce the first day of the rule’s implementation.

The rule applies to all metal and non-metal mining operations in the U.S.

The U.S. Department of Labor finalized the rule in April in response to several years of miner health data that showed rising incidences of black lung disease and silicosis among miners in their 30s and 40s.

“Mine safety rules are written in blood,” McGarvey said at the start of Monday’s meeting. “Miners have worked in dangerous conditions, and they’ve done it to power America.”

Williamson said the rule cuts allowable eight-hour shift exposure to silica from 100 micrograms to 50 micrograms while placing increased responsibility on mine operators to ensure compliance with the new standards.

“The expectation is that miners should have a safe work environment,” said Williamson. “This rule has been a long time coming.”

Data gathered from black lung clinics in the central Appalachian region has shown that black lung incidences among miners had been on a decline since passage of the federal Coal Act in the 1970s and increased safety standards.

As coal seams became harder to reach and required cutting through increasing amounts of rock, miners’ exposure to the resulting silica dust meant growing incidences of lung damage in miners at younger ages.

Respiratory specialist Dr. Brandon Crum told meeting participants that silica – more damaging to lung tissue that coal dust – also is a known carcinogen in addition to accumulating in miners’ lungs.

 

“We’ve seen a 400% increase in lung transplants across (U.S.) miners,” said Crum, adding that even lung transplants may offer only about five years of life to miners receiving transplants.

“It’s a dismal prognosis, said Crum. “There’s no cure for black lung. We can treat is symptomatically, but the disease will continue to progress after they leave the mines.”

Nickelsville resident and retired miner John Robinson said he developed silica exposure from two years of cutting 3,000 feet into a rock slope at one operation before the company reached its first coal seam.

“There’s so much rock in it,” said Robinson, “and that’s what’s killing us.”

Robinson’s wife, National Black Lung Association Vice President Vonda Robinson, credited McGarvey, Williamson, Virginia U.S. Senators Mark Warner and Tim Kaine for their cooperation with other Congressional leaders in advocating for the new dust rule.

“Miners sacrifice their whole body and lungs, said Vonda Robinson. “We need now to help get more money to enforce the rule.”

Dr. Scott Laney of the National Institute for Occupational Safety and Health said the higher silica concentrations in miners’ lungs were not seen in the 1960s and 1970s.

“If you live in the central Appalachian region, you don’t need a government epidemiologist to tell you something’s been wrong for the last 20 years,” said Laney. “Black lung is as bad as it’s ever been.”

While MSHA will be increasing enforcement efforts under the new dust rule, Williamson said miners will be key in helping the agency know about violations.

“But (miners) need to know that they have an agency that’s got their back,” Williamson added. “There’s a generation of miners that have exchanged their health to provide for their families, and we should not accept that as a cost of doing business. The rule is effective today, but there’s a lot of work to do.”

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