Court Ruling Protects Mine Workers against Diesel Pollution

[Omaha Steve]

http://www.uswa.org/uswa/program/content/3794.php

Court Ruling Protects Mine Workers against Diesel Pollution


For Immediate Release February 12, 2007


Pittsburgh - An appeals court has ruled that standards set by the U.S. Mine Safety and Health Administration for reducing diesel particulate pollution were reasonable in a case that the United Steelworkers joined to protect its mineworker members.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia rejected every argument against the pollution standards made by the National Mine Association, the National Stone, Sand & Gravel Association and several mine operators.

“It’s a hands down victory for the safety of our members and thousands of other miners,” said Michael Wright, USW Director of Health, Safety and Environment. “This decision was a rebuff of the mining companies and the mining associations,” he added.

The regulations will limit miners’ exposure to the tiny particles in the diesel fuel emissions from trucks and heavy equipment that operate underground in metal mines, such as those for gold, and non-metal mines, such as those for limestone. The rules do not affect coal mines, which are subject to a different regulation. The USW represents more metal and non-metal miners in North America than any other union.

MSHA issued the standards because the tiny particles have been linked to lung cancer, respiratory problems and eye irritation.

The court decision, written by Judge David B. Sentelle, and joined by Chief Judge Douglas H. Ginsburg and Senior Judge Harry T. Edwards, affects 16,000 workers at 256 mines across the country. Before the regulations took effect on an interim basis, miners toiled in conditions that Wright said were “like working inside the tailpipe of a city bus.”

The mine operators and industry groups filed suit to prevent implementation of the regulations, contending MSHA did not have sufficient evidence that the tiny particles endangered workers’ health, that MSHA shouldn’t have used a substitute substance to measure the particles and that it simply was infeasible for mines to meet the MSHA limit deadlines.

The USW filed a brief seeking enforcement of the regulations, which put the union in the unusual position of supporting a Bush Administration agency, Wright noted.

The court found that all of the mine industry arguments were without merit, which means the regulations will take effect over the next 15 months.

MSHA proposed the first set of rules on Jan. 19, 2001 after conducting a risk assessment that determined miners were exposed to very high levels of diesel particles that jeopardized their health.

Because diesel exhaust contains many different substances, MSHA based its limitation on a measure of carbon. The court said that was reasonable because carbon accounts for the bulk of the tiny particles.


FULL story at link.

[B Calm]

1. Good news. Labor could use a lot more good news..