Advisory Committee; Establishment

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Advisory Committee; Establishment

AGENCY: Mine Safety and Health Administration, Labor Department.

ACTION: Notice of establishment of advisory committee.

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SUMMARY: The Secretary of Labor has determined that it is in the public

interest to establish an advisory committee to make recommendations for

the elimination of pneumoconiosis among coal miners. The committee will

provide a collective expertise not otherwise available to the Secretary

to [[Page 5948]] address the complex and sensitive issues involved.

DATES: Comments must be received on or before February 15, 1995.

ADDRESSES: Send written comments to the Office of Standards,

Regulations and Variances, MSHA, Room 631, Ballston Tower No. 3, 4015

Wilson Boulevard, Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of Standards, Regulations and

Variances, MSHA, (703) 235-1910.

SUPPLEMENTARY INFORMATION: Since enactment of the Federal Coal Mine

Health and Safety Act of 1969 (Coal Act), efforts by government, labor,

and industry have resulted in significantly lower levels of respirable

dust in coal mines. As a result, the prevalence of pneumoconiosis,

commonly referred to as ``Black Lung'' and silicosis, has been reduced.

Despite this progress, the most recent medical evidence indicates that

miners continue to be at risk of developing occupational lung disease.

The annual cost to the federal government in ``Black Lung'' disability

benefits currently exceeds $1.3 billion. Therefore, additional steps

need to be undertaken if this disease is to be eliminated.

Background

The 1969 Coal Act established the first comprehensive dust

standards for coal mines in the United States. Those standards were

intended to protect the health of miners by imposing strict limits on

the amount of respirable coal mine dust allowed in the air that miners

breathe. Under current Mine Safety and Health Administration (MSHA)

regulations, mine operators are required to implement measures to

control the amount of dust in the mine atmosphere, to obtain MSHA

approval of these measures, and to monitor through sampling the amount

of coal mine respirable dust in the mine atmosphere where miners work

or travel. Citations are issued and abatement is required whenever

respirable dust samples collected either by a mine operator or by a

Federal mine inspector show noncompliance with the dust standard.

In the 25 years since enactment of the Coal Act, there has been a

significant reduction in coal mine respirable dust levels. MSHA data

shows that average dust levels in most mines have been reduced from 8.0

mg/m\3\ to below the current standard of 2.0 mg/m\3\. During this

period, considerable knowledge and experience have been gained in

controlling exposure to coal mine dust and new technology has been

introduced to minimize dust generation.

Despite this progress, the National Institute for Occupational

Safety and Health (NIOSH) issued a draft criteria document in June 1993

which concludes that the risk to miners of developing coal workers'

pneumoconiosis (CWP) is greater than had been predicted at the current

standard level. Also, to reduce the risk of silicosis, the document

proposed lowering the existing standard by 50 percent.

The cost to the Federal government in ``Black Lung'' disability

benefits also dictates that we take action to eliminate these diseases.

In fiscal year 1993, over 75,000 former miners were receiving black

lung benefits at an annual cost of $1.3 billion. In the 25 years since

passage of legislation to compensate miners and their dependents for

black lung, the Departments of Labor and Health and Human Services have

paid benefits totaling over $30 billion.

Recent events also have raised serious concerns about the

respirable coal mine dust sampling program and have resulted in all

segments of the mining community recognizing that improvements must be

made in the program. However, there are significant differences of

opinion among representatives of government, labor and industry over

the specific action needed to be taken. These differences involve three

primary issues.

They are:

The Current Risk to Miners of Coal Workers Pneumoconiosis (CWP)

Recent studies by British scientists and by NIOSH indicate that the

risk of developing the most serious form of CWP at the present standard

is higher than had been previously believed. However, the Australians

have reported that they have no evidence of CWP at levels greater than

our present 2.0 mg/m3 standard. Additionally, although most

reports indicate that levels of respirable coal mine dust are generally

below 2.0 mg/m3, the recent evidence of tampering with respirable

dust samples raises questions about the dust exposure levels of miners

in United States coal mines.

The Strategy for Monitoring Respirable Coal Mine Dust

There are significant differences of opinion concerning the role of

MSHA, the mine operator and the miners' representative in the

monitoring process. Also, the future potential to continuously monitor

respirable coal mine dust with new equipment would require a revised

approach to sampling which may raise differences in opinion.

The Adequacy of Existing Control Measures

There needs to be a review of the engineering controls to maintain

exposures at or below the standard for all methods of mining and how

those controls can be improved.

In accordance with the provisions of the Federal Mine Safety and

Health Act of 1977 (Mine Act) and the Federal Advisory Committee Act

(FAC), and after consultation with the General Services Administration,

I have determined that the establishment of a short-term advisory

committee to address the elimination of pneumoconiosis among coal

miners is in the public interest. I am establishing the committee under

Sections 101(a) and 102(c) of the Mine Act and the FAC Act to address

this issue at surface and underground coal mines.

The committee shall make recommendations to me for improved

standards, or other appropriate actions, on permissible exposure limits

to eliminate black lung disease and silicosis; the means to control

respirable coal mine dust levels; improved monitoring of respirable

coal mine dust levels and the role of the miner in that monitoring; and

the adequacy of the operator's current sampling program to determine

the actual levels of dust concentrations to which miners are exposed.

As required by Section 102(c) of the Mine Act, the majority of the

committee will be composed of individuals who have no economic interest

in the mining industry and who are not operators, miners, or officers

or employees of the Federal, state, or local government. There will be

seven committee members: one representing labor, one representing

industry, and five persons who have no economic interest in the

industry.

The committee will function solely as an advisory body and in

compliance with the provisions of the FAC Act. In accordance with FAC

Act, its charter will be filed 15 days from the date of this

publication.

Interested persons are invited to submit comments regarding the

establishment of the committee, within the allowable time, to Patricia

W. Silvey, Director, Office of Standards, Regulations and Variances,

MSHA, at the address listed above.

Dated: December 2, 1994.

Robert B. Reich,

Secretary of Labor.

[FR Doc. 95-2287 Filed 1-26-95; 10:59 am]

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