The miners' union is demanding that a federal court "force the U.S. Department of Labor to issue emergency rules to implement a government-run dust sampling program in mines across the country," according to a news report in the Charleston Gazette.

Black lung is a preventable lung disease caused by breathing coal dust. Despite federal legislation enacted to prevent the disease, it still remains the number one killer of coal miners in the country.

In response to mass street protests and strikes by thousands of UMWA coal miners, Congress passed the federal Coal Mine Health and Safety Act in 1969. Since that time, the union has waged a seesaw battle against the coal bosses and U.S. government over deteriorating working conditions in the mines and continued foot-dragging, and denial of black lung compensation to coal miners and their families.

One aspect of MSHA's responsibilities is dust control. The government agency has come under sharp criticism for failing to enforce the 1969 act. The law also has serious pitfalls because it made the coal bosses responsible for taking dust samples.

As a rule, the coal bosses rarely reported excessive dust levels. For at least a decade, this has been exposed as a total fraud.

In 1991, under the Bush administration, then U.S. Labor Secretary Lynn Martin "accused mine operators of 'widespread cheating' on their samples," reported the Gazette.

In suing the government, the union's lawyers argue that MSHA has ignored two reports that recommended that MSHA take full responsibility for all coal dust sampling. For example, the 1996 Labor Department's Advisory Committee to Eliminate Pneumoconiosis Among Coal Mine Workers issued a report with the conclusion that MSHA take over all dust samples. However, since then the federal agency has been sitting on its hands.

The UMWA's lawyers said, "To date, the secretary of labor has failed to promulgate regulations for MSHA to assume full responsibility for respirable coal dust compliance sampling, to require continuous monitoring for respirable coal dust, to ensure that miners have full rights to participate in the dust sampling program, and to ensure that dust sampling contemplates miners' full exposure."

McAteer, who defended the government's track record, said he was "disappointed" that the UMWA is taking the government to court. "Unfortunately, the method of developing regulations in today's government is a slow and difficult process." he said.

In response, UMWA president Cecil Roberts said in a statement, "It is about time the federal government heeds the long-standing advice of miners and implements regulations needed to help end this black plague that kills almost 1,500 miners each year."

In related news, 34 coal miners were killed in fatal accidents in 1999, a 7 percent increase over 1998 when 29 coal miners were killed. In Kentucky and West Virginia each had nine deaths, the highest number of any state.  
 
 
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