A federal judge has ordered the restoration of a vital health monitoring program for coal miners in West Virginia, reversing layoffs that affected nearly 200 workers at a health agency. U.S. District Judge Irene Berger issued a preliminary injunction on Tuesday in response to a lawsuit filed by a coal miner diagnosed with black lung disease.
The lawsuit targeted Health Secretary Robert F. Kennedy Jr. and the U.S. Department of Health and Human Services. The case arose after the government announced layoffs in the National Institute for Occupational Safety and Health (NIOSH) facility in Morgantown, which is responsible for monitoring the health of coal miners. The layoffs were part of a restructuring plan within the department.
Judge Berger’s ruling mandates that jobs in NIOSH’s respiratory health division must be restored. This division plays a crucial role in screening and reviewing medical exams for miners to identify cases of black lung disease. While the judge did not specify how many jobs should be reinstated, her ruling emphasizes that the health surveillance program cannot be canceled.
Federal law requires regular health screenings for coal miners, and those diagnosed with black lung have the option to transfer to less hazardous positions without losing pay. Berger stated that the defendants do not have the authority to cancel the Coal Workers Health Surveillance Program. She insisted that there should be no interruption in the protections and services provided under the federal Mine Safety and Health Act.
The dangers of coal mining, particularly exposure to harmful silica dust, have led to thousands of premature deaths from black lung disease. The plaintiff, Harry Wiley, a mine electrician with 38 years of experience, was diagnosed with early-stage black lung last November. Judge Berger noted that canceling the health program could "cost lives" and significantly impact miners’ health.
Wiley’s attorney, Sam Brown Petsonk, expressed relief at the ruling, emphasizing the program’s essential role in protecting the health of miners. He stated that the public understands the necessity of maintaining this program.
The judge has given the federal government 20 days to comply with her order. An email seeking comment from the Department of Health and Human Services went unanswered as of Tuesday night.
NIOSH was established in 1970 under a law signed by President Richard Nixon and has since expanded to include offices in several cities, including Morgantown, Pittsburgh, and Cincinnati. The recent ruling highlights the ongoing challenges faced by coal miners and the importance of health monitoring in the industry.