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January - February - United Mine Workers of America

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our<br />

health&safety<br />

Drug test diversion<br />

It remains unclear what will happen with a misguided<br />

drug and alcohol initiative launched during the waning<br />

months <strong>of</strong> the Bush administration.<br />

The rule would require all mine operators to establish<br />

a drug and alcohol program based on guidelines drawn<br />

from regulations governing the<br />

transportation industry. Yet the<br />

vast majority <strong>of</strong> coal miners<br />

already are tested for drugs and<br />

alcohol, and most coal companies<br />

have already implemented testing<br />

programs. According to MSHA’s<br />

own data, 80 percent <strong>of</strong> coal miners<br />

already have to pass pre-employment drug and alcohol<br />

screening tests. Seventy-five percent <strong>of</strong> miners are subject<br />

to random testing by their employers, and under current<br />

regulations, all miners who are working in a section <strong>of</strong> a<br />

mine where a safety incident occurs can automatically be<br />

tested for drugs and alcohol.<br />

Ironically, although much <strong>of</strong> the incentive to devise<br />

this new rule was prompted by recent major coal mine<br />

disasters, such as Sago, Aracoma, Darby and Crandall<br />

Canyon, there was no indication <strong>of</strong> drugs or alcohol being<br />

To push this rule, MSHA established<br />

a hearing format that effectively<br />

denied most UMWA members<br />

the opportunity to testify.<br />

contributing factors to those tragedies. In each <strong>of</strong> those<br />

cases, the actions or inactions <strong>of</strong> mine management and<br />

MSHA itself were to blame.<br />

To push this rule, MSHA established a hearing<br />

format that effectively denied most UMWA members<br />

the opportunity to testify. It<br />

devoted thousands <strong>of</strong> hours <strong>of</strong><br />

government employees’ time and<br />

millions <strong>of</strong> dollars <strong>of</strong> taxpayers’<br />

money on the rule instead <strong>of</strong><br />

focusing on more pressing safety<br />

and health issues.<br />

For example, data published<br />

by the National Institute for Occupational Safety and<br />

Health show that black lung disease is once again on the<br />

rise, afflicting thousands <strong>of</strong> miners, even younger miners<br />

who have been working in the industry only a short time.<br />

The UMWA has been aggressively seeking action from<br />

MSHA to protect miners from respirable coal and silica<br />

dust for many years, yet nothing has happened. Instead,<br />

Bush’s MSHA Assistant Secretary <strong>of</strong> Labor told a reporter<br />

that “there’s no way I’m going to get that done with what I<br />

have on my plate.”<br />

Shoemaker rescuers take honors<br />

The <strong>Mine</strong> Rescue Team at Consol’s Shoemaker <strong>Mine</strong> in Marshall County,<br />

W.Va., came in first place in competition with all Consol teams in 2008.<br />

UMWA members <strong>of</strong> the team include Carl Cochran, Jr., Ed Fisher, Bob<br />

Haines, Ted Hunt, Travis McNabb, Okey Rine, George Starkey, Ron Taylor<br />

and Cliff Ward.<br />

Belt air rule<br />

On the last day <strong>of</strong> the year,<br />

MSHA published the final rule<br />

for “Flame-Resistant Conveyor Belt,<br />

Fire Prevention and Detection and<br />

Use <strong>of</strong> Air from the Belt Entry.” The<br />

UMWA has consistently opposed<br />

the use <strong>of</strong> the belt entry to ventilate<br />

working sections because <strong>of</strong> fire<br />

hazards in that entry. Nonetheless,<br />

the final rule continues to permit the<br />

use <strong>of</strong> the belt entry for ventilation.<br />

In other provisions, the rule also<br />

requires better belt maintenance,<br />

standardized evacuation and<br />

emergency gear signs, installation<br />

<strong>of</strong> smoke sensors in underground<br />

working sections and reduction <strong>of</strong><br />

dust levels on the belt line.<br />

18 <strong>January</strong>/<strong>February</strong> 2009 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal

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