Biden administration finalizes long-delayed rule on silica dust exposure

The Department of Labor on Tuesday released a long-awaited rule specifying acceptable levels of exposure to silica dust, a compound linked to terminal breathing problems in miners.

The final rule lowers the exposure limit to 50 micrograms per cubic foot of air for an eight-hour shift. It also requires metal and non-metal mine operators to develop medical surveillance programs similar to those in place for coal miners.

Silica dust is associated with a number of serious respiratory diseases that particularly affect miners, including silicosis, lung cancer, black lung disease, emphysema, and chronic obstructive pulmonary disease. Many of these conditions, especially silicosis, cannot be detected until years of exposure.

The department’s Mine Safety and Health Administration (MHSA) estimates the final rule will avert up to 1,067 deaths and 3,746 silica-related illnesses.

“Our nation’s miners have been working without adequate protection from silica dust, even though silica dust has been known as a health hazard for decades,” Acting Labor Secretary Julie Su said in a statement. is unconscionable.” “Today, the Department of Labor took important steps to finally reduce miners’ exposure to toxic silica dust and protect them from preventable illnesses.”

The rule finalizes an initial proposal submitted by the department last June, about eight months after five Democratic lawmakers whose states include parts of Appalachia asked about a delay. In a November 2022 letter, Sen. Joe Manchin (D-Va.), Sen. Tim Kaine (D-Va.), Sen. Mark Warner (D-Va.), and Sen. Sherrod Brown (D-Ohio) and Sen. Bob Casey (D-Pennsylvania). .) We have written to Office of Management and Budget (OMB) Secretary Shalanda Young requesting more information about the updated rules.

The final rule was expected to be developed after the White House announced in late March that OMB’s Office of Information and Regulatory Affairs had completed consideration of the proposed final rule.