On June 12th, the U.S. Department of the Interior’s Office of Surface Mining Reclamation and Enforcement announced a proposal to roll back federal guidelines to investigate reports of potential workplace dangers in mines.
Mining remains a dangerous occupation for American workers. In 2023, forty people died in mining-related workplace incidents in the United States. Nine of these fatalities were connected to coal mines. Even after a miner retires, he or she may struggle with chronic health issues like black lung, COPD, and lung cancer.
Last year, the Department of the Interior amended their policies to require prompt inspections of mining safety concerns are reported. In the past, many miners continued to work for weeks in dangerous conditions even after they had reported hazards or safety violations. Miners or environmentalists reported that some state officials seemed to shrug off reported workplace or pollution violations. Since mining safety investigations were largely left to the states to oversee, citizens who filed complaints were left with little recourse when reports stalled or went unaddressed.
In 2024, the Ten-Day Notice rule was amended. Currently, if a state authority fails to promptly address reported safety concerns, OSMRE can initiate a federal investigation. The Ten-Day Notice Rule requires the Office of Surface Mining Reclamation and Enforcement (OSMRE) to inform a state regulatory authority about violations of work permits, safety regulations, or other potentially dangerous issues in mining facilities. Then, the state regulatory authority has ten days to respond to the potential violation. The 2024 additions to the Ten-Day Notice Rule aim to hold state officials and mining companies accountable when they are expected to address potential workplace dangers.
Adam G. Suess, Acting Assistant Secretary for Land and Minerals Management, argued that the 2024 amendment created unnecessary restrictions for state officials. “We’re cutting red tape, restoring clarity and respecting states’ right to lead. Federal oversight doesn’t mean federal interference,” Suess said in the June 12th proposal to restrict the Ten-Day Notice Rule.
Suess is not the only person who has critiqued the addition of federal inspections to the Ten-Day Notice Rule. In 2024, fourteen attorneys general sued the OSMRE in an attempt to reign in the new safety and reporting guidelines.
However, advocates believe that the additions to the Ten-Day Notice Rule save lives and protect the environment. Bonnie Swinford is the Beyond Coal campaign strategist at the Sierra Club. “Without the Ten Day Notice Rule, toxic spills will fester, dangerous mines will go unrepaired, and at the end of the day, the coal companies responsible will get to wipe their hands and walk away from the messes they created,” Swinford said in a press release published in Appalachian Voices.
Appalachian coal miners encounter some of the highest levels of injuries and fatalities. Willie Dodson, the Appalachian Voices Coal Impacts Program Manager, echoed Swinford’s concerns. “This rule, in more or less its current form, has helped residents of coal mining communities ensure that their corporate neighbors do not pollute the air and water,” said Dodson. “The administration’s rewrite of this rule will do nothing but eliminate protections for everyday people in order to benefit those who profit from destructive, polluting, reckless coal mining practices.”
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