A West Virginia federal judge has reinstated nearly 200 jobs to protect coal miners from black lung disease.
At a Glance
- Federal judge orders reinstatement of health surveillance workers.
- The Coal Workers Health Surveillance Program vital to miners’ health.
- Judge Berger found layoffs unauthorized under the Mine Act of 1977.
- The decision restores crucial protections for miners at risk.
Court Orders Reinstatement of Health Program Jobs
A federal judge in West Virginia directed the Department of Health and Human Services to reinstate nearly 200 staff members from the National Institute for Occupational Safety and Health’s Respiratory Health Division. These workers play a critical role in monitoring and preventing pneumoconiosis, commonly known as black lung disease, impacting coal miners. Judge Irene C. Berger highlighted the program’s essential nature and cited the Federal Mine Safety and Health Act of 1977 to invalidate the layoffs. This decision ensures the continuation of health protections for miners.
The workers’ responsibilities include screening and reviewing examinations to detect traces of pneumoconiosis in miners. The recent layoffs raised concerns about miners’ health, prompting a lawsuit by miner Harry Wiley, diagnosed with black lung disease, arguing the job cuts left a significant gap in essential health protections. Judge Berger pointed out that HHS lacked the authority to eliminate the Coal Workers Health Surveillance Program, leading to her order to continue it.
Specialized Expertise is Crucial
Judge Berger noted the importance of specialized expertise in testing, diagnosing, and researching black lung. The elimination of experienced workers could inflict irreparable harm on miners and the public. Without adequate training and transition, transferring RHD employees’ responsibilities was deemed impossible. The judge emphasized that the statutory duties could not be upheld without reframing the job cuts to maintain mandated protections and services.
“Testing for, diagnosing, preventing, and researching black lung is a highly specialized field—it simply is not possible to transfer the duties of the RHD employees to others without a period of transition and training,” – Judge Irene C. Berger.
HHS struggled to prove that the department had the capacity to find other qualified employees to fulfill NIOSH’s duties. Judge Berger condemned any pause or gap in protection and services related to the program, reflecting the decision’s urgency to immediately restore the positions and halt any negative impacts on the division’s functioning.
Repercussions on Miners’ Health
Harry Wiley’s case highlighted the severe repercussions of terminating the program workers. As a miner diagnosed with black lung disease, he argued that delays in processing his federally-mandated program application resulted directly from the layoffs. With her ruling, Judge Berger reinstated the positions, ensuring critical protections remain intact for miners like Wiley who depend on these services for their well-being.
“Losing the services of these experienced and dedicated employees is an aspect of the irreparable harm to the miners and the public that cannot and should not be ignored.” – Judge Irene C. Berger.
The ruling also revives the Part 90 program, which allows coal miners diagnosed with black lung disease to transfer to less dusty jobs without a pay cut. Health Secretary Robert F. Kennedy Jr. was given 20 days to verify compliance with the court order. Meanwhile, Senator Shelley Moore Capito and other officials engage in discussions to ensure miners’ ongoing protection.
