[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5947-5948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2287]



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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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