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Federal Judge Orders Restoration of Services at National Institute for Occupational Safety and Health's Respiratory Health Division

Strategic Insights

— 2 min read

U.S. District Judge Irene Berger issued a preliminary injunction on Tuesday, directing the federal Department of Health and Human Services to restore services at the National Institute for Occupational Safety and Health's (NIOSH) Respiratory Health Division. The move comes as part of an ongoing class action lawsuit filed by coal miners against the federal government over the closure of the Coal Workers' Health Surveillance Program, a department within NIOSH's Respiratory Health Division.

Key Takeaways:

  • The preliminary injunction, issued by Judge Irene Berger, requires the federal Department of Health and Human Services to restore services at NIOSH's Respiratory Health Division, including the Coal Workers' Health Surveillance Program.
  • The program has been on administrative leave since April, affecting over 200 jobs, and permanent terminations were scheduled to occur in June and July.
  • The injunction also directs the Department of Health and Human Services to continue all work mandated by the federal Mine Safety and Health Act without pause, stoppage, or gap.
  • Attorneys for the miners argued that the rights afforded to coal miners to access free black lung screenings and secure transfers once diagnosed, among other services, cannot be stopped just because the federal government is going through a reorganization.
  • Berger agreed, saying that the Department of Health and Human Services "lack the authority to unilaterally cancel the CWHSP" since it exists to serve a responsibility mandated by Congress.
  • The judge noted that the federal government repeatedly failed to show evidence outlining how CWHSP's services would be resumed, when that would happen, or in what manner.
  • The shutdown of CWHSP presented clear harm as miners with black lung were being continually exposed to dangerous coal dust despite congressional actions existing that are meant to shield them from such.

Statistics:

  • Over 200 jobs were affected by the administrative leave of staff at the CWHSP and numerous other NIOSH departments and divisions.
  • Permanent terminations for most employees were scheduled to occur in June and July.
  • Coal miners have been unable to have black lung screening results certified by NIOSH since the CWHSP's shutdown, which is necessary for miners with black lung to qualify for a Part 90 transfer.
  • The federal government alleged that services ending at NIOSH and specifically the CWHSP were temporary and couldn't be construed as being a final agency action.

Sources:

  • A May 13 preliminary injunction order issued by Judge Irene Berger (https://westvirginiawatch.com/wp-content/uploads/2025/05/injunction-order-5-13.pdf)
  • A class action lawsuit filed by coal miners against the federal government (https://westvirginiawatch.com/wp-content/uploads/2025/05/Wiley-V.-Kennedy.pdf)
  • A report on the closure of the Coal Workers' Health Surveillance Program (https://westvirginiawatch.com/2025/04/09/as-trump-calls-for-more-coal-wv-miners-remain-vulnerable-due-to-delay-of-silica-rule-niosh-cuts/)
  • A report on the impact of NIOSH cuts on coal miner health screenings in WV (https://westvirginiawatch.com/2025/04/01/more-than-200-jobs-eliminated-during-doge-cuts-at-morgantowns-niosh-facility/)
  • A report on the planned cuts at NIOSH (https://www.aiha.org/news/250410-niosh-allies-call-for-reversal-of-agency-cuts#:~:text=The%20planned%20cuts%2C%20which%20are,and%20divisions%20will%20be%20eliminated.)

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