Q&A: Rule limiting silica exposure for miners ‘long time coming’
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Key takeaways:
- Many mining activities involve exposure to silica dust.
- The newly finalized limits now align with the Occupational Safety and Health Administration’s limits.
Under a recently finalized rule, the U.S. Department of Labor’s Mine Safety and Health Administration set a 50 μg/m3 full-shift exposure limit on respirable crystalline silica for miners, according to a press release.
Along with the silica limit, operators of metal and nonmetal mines are required to have free medical surveillance programs, which the release stated are already in place for coal miners.
In a previous article, Healio spoke with two pulmonologists about the impacts of this finalized ruling.
In this article, Healio spoke with Christopher J. Williamson, JD, assistant secretary of Labor for Mine Safety and Health, to learn more about why this ruling was a long time coming and how the department is striving to better protect miners.
Healio: Why is this ruling necessary to protect miners?
Williamson: The Mine Safety and Health Administration’s (MSHA’s) top priority is ensuring every worker comes home healthy and safe at the end of the workday. We estimate that this final rule will avoid more than 1,000 deaths and prevent severe illness for thousands more.
This administration is deeply committed to miners, their families and this community. MSHA’s final rule will better protect all miners, both coal and metal and nonmetal miners — it will reduce miners’ exposure limits to be in line with those protecting workers under Occupational Safety and Health Administration’s (OSHA) jurisdiction. If a miner’s exposure exceeds the limit, it will require mine operators take immediate corrective actions. Metal and nonmetal mining happens across the country with diverse commodities, including sand and gravel, dimension stone, granite and stone quarries; gold, silver, and copper mines; and taconite and trona mines.
Miners are exposed to respirable crystalline silica dust, a carcinogen, during most mining activities, including cutting, drilling, crushing, sawing, excavating and hauling rock, gravel and sand. Inhalation of silica dust puts miners at risk for developing entirely preventable, but debilitating and potentially deadly diseases, such as silicosis, lung cancer, chronic bronchitis and kidney disease.
The final rule establishes uniform standards for metal, nonmetal and coal mines. It lowers the permissible exposure limit (PEL) for respirable crystalline silica to 50 µg/m3 and establishes an action level of 25 µg/m3, for a full-shift exposure, calculated as an 8-hour time weighted average.
Additionally, the final rule requires mine operators to conduct sampling and periodic evaluations of the mining environment to assess miners’ silica dust exposure levels. When any sampling shows an overexposure of the PEL, mine operators must immediately report the overexposure to MSHA, take corrective actions and conduct additional sampling.
This rule also creates a medical surveillance program to provide periodic medical examinations at no cost to metal and nonmetal miners modeled after the longstanding program that has existed in coal. Coal miners have had a right to periodic pulmonary evaluations for decades. This new rule gives all miners the right to have their pulmonary health monitored at no cost. We hope that health care professionals who treat any miners for any reason will encourage the miners to participate in the lung health monitoring programs and in making sure that exposures are monitored and controlled in their workplaces.
There will be consequences for noncompliance, including citations, proposed penalties, immediate corrective actions, and if abatement does not occur in a reasonable period of time, withdrawal orders.
Healio: How has the lack of rules on silica dust exposure negatively impacted public health?
Williamson: An estimated one in five long tenured coal miners have black lung disease in Central Appalachia. Doctors are diagnosing and treating more miners with black lung and other respiratory diseases than ever before at younger and younger ages. Exposure to mixed coal mine dust containing respirable crystalline silica can lead to the development of black lung disease and progressive massive fibrosis.
We acknowledge this final rule is a long time coming. Our final rule brings the PEL for miners in line with the limit for workers in other industries. We will continue to unleash the full power of the Department of Labor to protect miners’ safety and health.
Healio: Why is this news important for clinicians who treat miners?
Williamson: Clinicians who treat miners need to be aware that coal miners and those miners doing any quarrying, mining, drilling or other work that involves dust exposure may be at risk for diseases or death if they are exposed to respirable crystalline silica. Silica dust remains in the body after inhalation and diseases can progress years after exposure stops.
The final rule requires metal and nonmetal mine operators to provide periodic medical examinations to miners, at no cost to the miner. Coal miners have had a right to periodic pulmonary evaluations for decades. This new rule gives all miners the right to have their pulmonary health monitored at no cost. This will improve early detection of disease, helping miners and their families make important health decisions. Mine operators must ensure that medical providers submit the results of miners’ chest X-rays to the National Institute for Occupational Safety and Health (NIOSH) to track respiratory diseases related to silica dust exposure, once NIOSH’s reporting system is established.
The final rule updated and improved respiratory protection for miners through incorporating by reference a voluntary consensus standard by the American Society of Testing and Materials (ASTM) that reflects the latest advances in respiratory protection technologies and practices — ASTM F3387-19 Standard Practice for Respiratory Protection. This will improve respiratory protection for miners against all airborne hazards, including silica dust, diesel particulate matter, asbestos and other contaminants.
In addition to the regulation, MSHA is making important information more available to miners and their health care providers. This includes the free Miner Safety and Health App so every miner can get real-time information right on their phones. We send out targeted safety and health alerts through the app. Additionally, the agency recently launched a new Health Resource Locator Tool that makes it easier for miners to locate healthcare facilities near them to be seen by clinicians and get the care they need to live happier, healthier lives.
References:
- Department of Labor issues final rule reducing silica dust exposure, better protecting miners’ health from irreversible workplace illnesses. https://www.dol.gov/newsroom/releases/msha/msha20240416. Published April 16, 2024. Accessed April 16, 2024.
- Respirable crystalline silica: Final rule. https://www.msha.gov/regulations/rulemaking/silica. Accessed April 16, 2024.