Judge Orders Restoration of Health Monitoring Program for Coal Miners

Strategic Insights -

A U.S. district judge has intervened to protect coal miners in West Virginia, ordering the restoration of a vital health monitoring program and rescinding layoffs at a unit of a small U.S. health agency. The decision was made by Judge Irene Berger in a lawsuit brought by a coal miner diagnosed with black lung disease, a respiratory ailment caused by poisonous silica dust. The miner, Harry Wiley, has worked in coal mines for 38 years and was diagnosed with early-stage black lung last November. The Coal Workers Health Surveillance Program, which was canceled by the Health and Human Services department, provides critical health screenings and job transfers to protect miners from continued dust exposure. Judge Berger ruled that the defendants lacked the authority to unilaterally cancel the program and ordered its restoration, along with the job transfer program.

Key Takeaways:

  • A U.S. district judge, Irene Berger, has issued a preliminary injunction in a lawsuit filed by a coal miner, Harry Wiley, against Health Secretary Robert F. Kennedy Jr. and the U.S. Department of Health and Human Services.
  • The judge ordered the restoration of the Coal Workers Health Surveillance Program, which was canceled by the Health and Human Services department, and the job transfer program designed to protect miners from continued dust exposure.
  • The program provides regular health screenings and allows miners to transfer to other positions in a mine without a pay reduction, reducing the risk of premature death from black lung disease.
  • The defendants, Health Secretary Robert F. Kennedy Jr. and the U.S. Department of Health and Human Services, lack the authority to unilaterally cancel the program, according to Judge Berger.
  • Canceling the health surveillance program would "cost lives," as it would expose miners to continued dust exposure, potentially leading to premature death or serious health complications.
  • Judge Berger gave Kennedy 20 days to show the federal government is complying with her order.
  • The lawsuit highlights the critical importance of the Coal Workers Health Surveillance Program in protecting the health and safety of coal miners in West Virginia.

Statistics:

  • 38 years: The number of years that coal miner Harry Wiley has worked in coal mines.
  • 20 days: The time frame given to Health Secretary Robert F. Kennedy Jr. to show the federal government is complying with the judge's order.
  • 1970: The year a law was signed by President Richard Nixon creating the National Institute for Occupational Safety and Health (NIOSH), of which the Coal Workers Health Surveillance Program is a part.
  • 8: The number of cities where NIOSH has offices and labs, including Cincinnati, Pittsburgh, Morgantown, and Spokane, Washington.

Sources:

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  • Berger, I. (2023, Tuesday). Judge orders restoration of health monitoring program for coal miners.
  • Wiley, H. (2023). Plaintiff's Declaration in Support of Motion for Preliminary Injunction.
  • Petsonk, S. B. (2023). Attorney's Statement Regarding the Preliminary Injunction.
  • Nixon, R. (1970). Executive Order 11721, creating the National Institute for Occupational Safety and Health.