The U.S. agency overseeing mine safety is not pursuing an emergency standard for protecting mine workers during the coronavirus pandemic despite U.S. President Joe Biden asking for consideration of one, an agency spokesperson stated Aug. 5.
Since the initial months of the coronavirus pandemic, the United Mine Workers of America, a national miners' union, asked for an emergency temporary standard to protect workers from the U.S. Mine Safety and Health Administration. The agency rejected the request under the Trump administration.
The union sued officials to compel immediate action on COVID-19, but after that lawsuit failed, the union's hopes for an emergency standard rested on the presidential election of Joe Biden.
There was a reason for the union to be optimistic: One day after taking office, Biden asked MSHA to consider whether it should issue an emergency temporary standard and, therefore, set legally enforceable standards for mines operating during the pandemic.
But six months later, the union does not believe the emergency protections will come. The union is now considering whether it should appeal the lawsuit it lost under the Trump administration, Phil Smith, director of governmental affairs for the United Mine Workers of America, said in an Aug. 4 interview.
"Our impression is MSHA is not at a state of issuing an emergency standard, despite our best efforts," Smith said.
MSHA released coronavirus operation guidance for mines in March. However, the guidance is non-enforceable, and the union believes that it will not be enough to compel potential bad actors to avoid health missteps. The United Mine Workers of America is particularly worried about the impacts of COVID-19 in coal miners, a population that disproportionately suffers from cardiac and lung issues.
"The guidance MSHA issued is fine, but unfortunately, when you're dealing with any operator, especially coal operators, if you don't make them take safety precautions, they won't," Smith said.
MSHA is not pursuing an emergency temporary standard "at this time," U.S. Labor Department spokesperson Denisha Braxton confirmed in an Aug. 5 email.
"The state of the pandemic is in constant flux, and as the situation changes, MSHA will take appropriate efforts as necessary to protect miners. MSHA will continue to follow the science and use common sense in policymaking," Braxton wrote.
