Retired West Virginia coal miner Terry Lilly, who has black lung, speaks throughout a public listening to hosted by the federal Mine Safety and Health Administration about its draft rule to restrict employee publicity on Thursday, Aug. 10, 2023. (AP Photo/Leah Willingham)
Leah Willingham/AP
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Leah Willingham/AP
Retired West Virginia coal miner Terry Lilly, who has black lung, speaks throughout a public listening to hosted by the federal Mine Safety and Health Administration about its draft rule to restrict employee publicity on Thursday, Aug. 10, 2023. (AP Photo/Leah Willingham)
Leah Willingham/AP
Former coal miner Terry Lilly sat down in entrance of a panel of federal regulators and struggled to talk.
“Excuse me, I’ve hassle respiration. I’m at 40 p.c of my lung capability,” he stated.
Lilly, who suffers from the lethal illness black ling, confirmed up on the listening to Thursday close to Beckley, W.Va., within the coronary heart of Appalachian coal nation, to help a proposed rule that might restrict the quantity of lethal silica mud within the air in coal mines.
The downside of extreme lung illness from silica mud has been getting worse in recent times, and has been affecting youthful miners.
With his phrases punctuated by gulps of air, Lilly talked in regards to the deception he had seen over 30 years within the trade, together with tampering with mud samples.
“I’m as responsible as any of them for hiding mud samples,” stated Lilly. “Cheating on samples is what we have to cease. If we might cease this, we might avoid wasting lives.”
Lilly and others confirmed up on the listening to to inform the federal authorities to place mine operators on a tighter leash.
“The solely factor that mining corporations perceive is cash,” stated labor lawyer Sam Petsonk. “They do not perceive or respect the blood and the lives of miners, as a result of in the event that they did, they might have protected miners willingly during the last a number of many years.”
The listening to earlier than a Department of Labor panel was referred to as to debate a proposed new rule that might restrict the quantity of harmful silica mud within the air in coal mines and different mines.
In coal mines, silica mud will get into the air when machines minimize into rock layers that encompass coal deposits.
As the coal deposits have been mined out over many years, extra rock is minimize and extra silica mud will get into the air. Those tiny particles can lodge within the lungs completely and trigger a extreme type of black lung illness.
A 2018 investigation by NPR and the PBS program FRONTLINE discovered that superior black lung illness was extra prevalent than federal displays had thought, and that miners had been uncovered to harmful ranges of silica hundreds of instances over a 30-year interval.
The proposed new rule would straight regulate silica within the air for the primary time.
Petsonk, who represents miners in black lung and different instances, informed regulators he thinks the rule ought to require extra air monitoring and may include specifics about citations and fines.
“A rule with out penalties is not any rule in any respect,” he stated.
But the panel’s moderator, Deputy Assistant Secretary for Operations Patricia Silvey, pushed again. While the proposed rule itself “doesn’t cope with penalties,” she stated penalties might observe nonetheless if a mine operator is cited for violating the brand new silica customary.
Plus, Silvey stated, “If an overexposure happens, an operator completely should do three issues immediately: Take rapid corrective motion, make a file of that overexposure, after which resample to see if that corrective motion is working.”
One controversial a part of the proposed regulation would permit mine operators who’ve an excessive amount of silica within the air to proceed having their staff work within the hazardous areas, whereas carrying a respirator masks. Researchers have challenged the effectiveness of masks to stop harmful silica publicity.
“Respirators are successfully a Band Aid within the state of affairs however they’re an ineffective and impractical resolution when mud ranges are excessive,” stated Dr. Leonard Go, a University of Illinois pulmonologist.
As he testified, Go seemed across the room and noticed numerous coal miners, and their beards.
Those beards get in the best way of respirators. So does a sizzling, loud and strenuous work surroundings the place miners are inclined to take off their respirators to speak or to take a breath.
“Reliance on respirators in the actual world is a mistake, offering a false sense of safety {that a} miner is protected against silica publicity,” Go stated.
As for Lilly, he says he usually talks to youthful miners and warns them in regards to the risks they face.
“It’s too late for me. But I’d like these younger individuals to appreciate, they should get up. One of lately, you may be like me – you may’t stroll throughout the car parking zone.”
A public remark interval on the proposed rule ends on September 11. Regulators rebuffed calls by trade pursuits to increase the remark interval for 2 months and as an alternative prolonged it by 15 days.
The Labor division will maintain a 3rd and last listening to in regards to the proposed silica rule in Denver later this month.
Justin Hicks of Louisville Public Media contributed to this report.