Fuming Over Mining Rule

An article recently published in an academic journal pointed out that some mines have significantly reduced miners' exposures using alternative fuels and technologies.

The prospect of the mining industry not having to comply with the reduction has distressed the United Steelworkers and some mine-safety experts, many of whom were involved in creating the original rule.

"Our friends have come up with suggestions to delay the rule for further study or have petitioned the agency for a series of delays," said J. Davitt McAteer , a former head of MSHA leading the state investigation into the Sago, W.Va., mine disaster. "It's most unfortunate. It exposes individuals to exhaust from diesels that are carcinogenic."

Michael Wright , director of safety and environment for the steelworkers union, said the effects of diesel particulate matter are not as immediate or stunning as the 12 Sago fatalities. He said it's easier to overlook deaths "from terrible, lingering diseases."

"We don't think there is any reason for a lengthy delay. The standard is feasible and necessary," he said.

Several members of Congress also object to a delay .

"It is disgraceful for the Bush administration to delay this rule when there is significant evidence that diesel fumes can sicken and kill mine workers. Once again, the administration is putting the interests of its corporate allies ahead of the wellbeing of workers. This rule should not be delayed for another day," said Rep. George Miller (D-Calif.) , ranking minority member of the Education and Workforce Committee , which oversees the Department of Labor , of which MSHA is a part.

Reps. Miller, Major R. Owens (D-N.Y.) and Dennis J. Kucinich (D-Ohio) wrote to Labor Secretary Elaine L. Chao last month asking that the rule be put into effect without further delay. "There has been an intensive campaign by the non-metal mining industry to delay and weaken this rule. It is unfortunate that the Department's actions since 2001 have been guided by the unsubstantiated assertions of the industry rather than the extensive rulemaking record."