Ranking Members Scott, Adams Comment on Biden Proposal to Protect Miners from Hazardous Exposure to Silica Dust
WASHINGTON – On Monday, Education and the Workforce Committee Ranking Member Robert C. “Bobby” Scott (VA-03) and Workforce Protections Subcommittee Ranking Member Alma Adams (NC-12) sent a letter to the Department of Labor regarding the Mine Safety and Health Administration’s (MSHA) proposed rule to strengthen protections for miners against respirable crystalline silica, which can cause silicosis, lung cancer, chronic obstructive pulmonary disease (COPD), chronic kidney disease, and an array of autoimmune diseases.
While commending the proposal for lowering the allowable levels of silica exposure in mines and extending operator-covered respiratory screenings to metal/nonmetal miners, Ranking Members Scott and Adams urged MSHA to address shortcomings in the proposed rule that would prevent it from fully protecting the health and safety of miners.
“We are grateful to see MSHA, after decades of authoritative recommendations and broken promises, stepping forward to protect miners from silica,” the Ranking Members wrote. “In this Proposed Rule, MSHA has assembled most of the right ingredients; the main problem is the recipe that puts them all together. We look forward to supporting MSHA as it further improves the Proposed Rule in order to attain the maximum protection attainable for miner health.”
The letter outlines how the proposed rule—in its current form—falls short of the provisions necessary to (1) block mine operators from evading their responsibility to reduce and address silica exposure, (2) prevent operators from cheating their silica exposure monitoring, (3) guard against conflicts of interest with operator-funded science, (4) permit miners to monitor hazardous silica exposure and protect their health, and (5) require operators to report high silica exposure levels to miners, MSHA, and the public.
In the letter, the Ranking Members called for key improvements to the proposed rule to ensure it strengthens accountability for mine operators, improves the monitoring and reporting of silica exposure in mines, and allows miners to safeguard their health and safety.
“The Proposed Rule must remedy these shortcomings by demanding more from operators to keep mines safe; closing loopholes that unscrupulous operators and their hired experts can use to avoid meaningful compliance; empowering workers; and leveraging the power of information,” the Ranking Members wrote.
If finalized, the proposed rule would be the first action taken by any administration to update and strengthen protections against silica exposure for miners since the original exposure limit was set more than five decades ago. In June, Ranking Member Scott sent a letter urging the Biden administration to issue a proposed rule to improve workplace protections against hazardous exposure to silica for miners.
Read the full text of the letter here.
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