Labor Department proposes silica exposure rule sought by Appalachian Democrats

The Labor Department on Friday issued a proposed rule on exposure to silica dust, a compound linked to incurable respiratory issues and particularly affecting miners.

The proposed rule, announced by the department’s Mine Safety and Health Administration (MHSA), will provide to miners protections other industries already have against silica. Long-term exposure to the compound has been linked to conditions ranging from silicosis to emphysema, lung cancer and kidney disease.

Mine operators, under the proposed rule, would be required to keep miners’ exposure to silica no higher than 50 micrograms per cubic meter of air over an eight-hour shift.

“The purpose of this proposed rule is simple: prevent more miners from suffering from debilitating and deadly occupational illnesses by reducing their exposure to silica dust. Silica overexposures have a real-life impact on a miner’s health,” Assistant Secretary for Mine Safety and Health Chris Williamson said in a statement.

“Miners like a crusher operator at a California sand and gravel mine or a roof bolter in a West Virginia coal mine should never be forced to choose between preserving their health and providing for themselves and their families. This proposed rule furthers the Mine Act’s clear instruction to prioritize miners’ health,” he added.

The announcement follows strident lobbying by a coalition of lawmakers representing states where the mining industry is a major employer.

In November, Democratic Sens. Tim Kaine (Va.), Mark Warner (Va.), Sherrod Brown (Ohio), Joe Manchin (W.Va.) and Bob Casey (Pa.) wrote to the MSHA seeking answers on delays in the release of the rule. Last week, the coalition, joined by Sen. John Fetterman (D-Pa.) wrote to Office of Management and Budget Director Shalanda Young asking for further information on the delay.

In a statement Friday following the release of the proposal, Kaine expressed satisfaction with the rule and praised acting Labor Secretary Julie Su, whom President Biden has nominated to assume the office permanently.

“This is a very positive step forward for the health of our miners,” Kaine said in a statement. “Between Su’s responsiveness on this request and her recent work to reach a labor agreement at West Coast ports, Su continues to be a strong Acting Labor Secretary and I know she’ll make a great Secretary.”

In a separate statement, the full coalition said: “After decades of declining rates of black lung deaths, we have seen the number of reported cases rapidly increase over the last 20 years – especially in Appalachia. America’s coal miners have risked their lives to power our great nation for generations, and we are committed to using every tool possible to protect miners from developing debilitating diseases that are entirely preventable.”

This story was updated at 2:04 p.m.