Judge Reinstates NIOSH Workers to Protect Coal Miner Health After ‘Illegal’ Work Suspension

By Caity Coyne
West Virginia Watch, via Kentucky Lantern

This week, a federal judge made a crucial decision regarding the National Institute for Occupational Safety and Health (NIOSH). U.S. District Judge Irene Berger ordered the “full restoration” of services in the Respiratory Health Division. This means coal miners across the nation will now have access to vital health screenings and resources again. Before this ruling, a staff reduction left many miners without options to monitor and protect their health.

The judge’s order is part of ongoing legal battles initiated by coal miners against the federal government. They are concerned about the ongoing closure of the Coal Workers’ Health Surveillance Program, which falls under NIOSH. It’s essential for miners who need screenings for conditions like black lung disease.

Since April, many NIOSH workers had been on leave due to significant “reorganizations” at the federal level. Many positions were slated for termination as part of cost-cutting efforts. According to a report from AIHA, over 200 jobs were cut from NIOSH, raising alarms about inadequate support for miners.

Judge Berger stated that the Department of Health and Human Services (DHHS) could not legally end the CWHSP. She emphasized that this program exists due to a law passed by Congress. The judge directed DHHS to restore services immediately and present a compliance report within 20 days.

During a recent court hearing, miners articulated their struggles. Without the CWHSP, they pointed out they could not access rights guaranteed under the federal Mine Safety and Health Act. These rights have been in place for decades, ensuring that miners receive necessary health screenings to prevent serious illnesses like black lung.

Expert opinions shed light on the gravity of the situation. Dr. John Howard, director of NIOSH, notes that black lung disease is linked directly to dust exposure in mines. He stated, “Our data shows an increase in cases, and we need all hands on deck to combat this uprising health crisis.” Currently, the rate of severe black lung cases is at a 25-year high, highlighting the urgency for robust health protection for miners.

The implications of the judge’s order are profound. Without adequate resources, miners have been unable to secure necessary screenings or certify their health conditions. This directly impacts their ability to shift to safer work areas, exposing them to further health risks.

In her ruling, Berger highlighted how crucial it is to maintain the CWHSP. She remarked, “Canceling this program will cost lives.” Her statement rings true, as health officials observe a rising trend in black lung diagnoses. Experts agree that early detection and minimizing exposure are the most effective interventions available.

One miner, Harry Wiley, exemplifies the struggle faced by many. Diagnosed with black lung, he has been trying to secure a transfer to a less hazardous work environment. However, the lack of NIOSH support means he’s forced to work in dustier conditions, worsening his health. NIOSH’s disruptions have proven harmful, leading to a growing sense of desperation among miners.

Overall, the court’s decision is a vital step towards reinstating essential health services for coal miners. It shows that, even amidst reorganizations, the health and safety of workers remain paramount. As Dr. Howard stated, “The goal is to protect miners and ensure they can work in healthier conditions.”

This story is republished from West Virginia Watch, which is part of the nonprofit States Newsroom network.

Kentucky Lantern maintains editorial independence and relies on a coalition of donors and grants to operate as a 501(c)(3) public charity. For inquiries, contact Editor Jamie Lucke at info@kentuckylantern.com.

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Caity Coyne,coal miners,Kentucky Lantern,National Institute for Occupational Health and Safety,Respiratory Health Division,West Virginia Watch