A federal judge has ordered the reinstatement of nearly 200 health workers crucial to monitoring coal miners’ respiratory health after their termination left miners vulnerable to black lung disease without mandated protections.
At a Glance
- Judge Irene C. Berger ordered HHS to restore jobs in the Coal Workers Health Surveillance Program in West Virginia
- Nearly 200 specialists who screen for black lung disease were initially laid off as part of HHS restructuring
- The court ruled HHS lacked authority to cancel the program mandated by the Mine Act of 1977
- The ruling restores the Part 90 program allowing miners with black lung to transfer to less dusty jobs
- Health Secretary Robert F. Kennedy Jr. has 20 days to certify compliance with the court order
Court Reverses Health Department’s Decision to Cut Coal Miner Protections
Federal Judge Irene C. Berger of West Virginia has issued a preliminary injunction ordering the Department of Health and Human Services (HHS) to reverse its termination of nearly 200 workers from the Respiratory Health Division of the National Institute for Occupational Safety and Health (NIOSH) in Morgantown.
These specialists were responsible for conducting crucial screenings and reviewing medical exams to detect pneumoconiosis, commonly known as black lung disease, among coal miners in the region. The decision comes after Harry Wiley, a coal miner diagnosed with black lung disease, filed a lawsuit claiming the layoffs left miners without essential protections.
The court found that HHS had overstepped its authority by attempting to cancel the Coal Workers Health Surveillance Program, which is explicitly mandated by the Federal Mine Safety and Health Act of 1977. Judge Berger’s ruling emphasized the specialized nature of the work performed by these health professionals and determined that their absence would cause irreparable harm to miners and the public.
The decision also reinstates the Part 90 program, which allows miners diagnosed with pneumoconiosis to transfer to less dusty working environments without suffering a pay reduction.
Specialized Expertise Critical to Miner Safety
Judge Berger’s ruling highlighted the unique qualifications of the terminated workers and the impossibility of simply transferring their responsibilities to others within the department. The judgment noted that HHS failed to provide evidence that qualified employees could be found elsewhere or that the terminations would not impact NIOSH’s ability to fulfill its statutory obligations to protect miners’ health. The court specified that all affected employees must be reinstated to ensure continuity of these vital health services.
The court specifically addressed the human impact of the department’s decision, noting that Wiley’s application for federally mandated protections had been delayed due to the layoffs. Senator Shelley Moore Capito has been actively involved in discussions regarding the situation, and reports indicate that over 100 employees are expected to return to work permanently following Judge Berger’s decision. This represents a significant win for coal miners who depend on these protective health services.
Legal Basis and Implementation Timeline
The court’s decision was unequivocal in determining that HHS officials “lack the authority to unilaterally cancel” the Coal Workers Health Surveillance Program. Judge Berger insisted that there be “no pause, stoppage or gap in the protections and services” mandated by federal law, emphasizing that any interruption could potentially “cost lives” among the vulnerable mining population. The ruling represents a strong affirmation of the government’s responsibility to maintain established worker safety programs.
Health Secretary Robert F. Kennedy Jr. has been given 20 days to certify compliance with the court’s order. The department must now work to restore the workforce and resume all activities related to monitoring coal miners’ respiratory health. This includes resuming regular screenings, processing applications for workplace transfers under the Part 90 program, and continuing research into prevention and treatment of black lung disease. The court’s decision ensures these essential health services will continue without interruption for miners across West Virginia.
