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Washington — Two House Democrats are calling on the Department of Labor to confirm whether it’s enforcing a rule that requires self-insured coal mine operators to “post adequate security for their benefit liabilities.”
In a Nov. 24 letter addressed to Labor Secretary Lori Chavez-DeRemer, Reps. Bobby Scott (D-VA), ranking member of the House Education and Workforce Committee, and Ilhan Omar (D-MN), ranking member of the House Workforce Protections Subcommittee, cite reports from multiple stakeholders that DOL has “informed operators it will not enforce the rule.”
The Black Lung Self-Insurance Rule went into effect Jan. 13, after the DOL Office of Workers’ Compensation Programs revised the Black Lung Benefits Act.
The Black Lung Benefits Program is intended to provide compensation to coal miners who have been disabled by black lung – a deadly condition caused by exposure to respirable coal mine dust – and their dependent survivors. Although mine operators generally are responsible for paying black lung benefits, the taxpayer-supported Black Lung Disability Trust Fund helps finance benefits when no responsible mine operator is identifiable or an operator is unable to pay.
“Beginning in 2014, three large self-insured operators filed for bankruptcy,” the final rule states. “Because these operators had insufficient securities to cover the full amount of expected benefits, an estimated $865 million in liabilities will ultimately transfer to the Trust Fund.”
A press release from the committee claims the rule “improved oversight of the program to hold bad actors accountable and protect taxpayers from bearing the cost that should be borne by coal operators.” Scott and Omar say the possibility that DOL isn’t enforcing the rule is “mind-boggling.”
They’re asking for responses to the following requests:
- Has DOL informed operators that it will not enforce the Black Lung Self-Insurance Rule?
- Please provide all documents, correspondence, meeting notes, calendars of any meetings with persons outside of DOL, and lists of persons inside and outside of DOL who have participated in such meetings on the Black Lung Self-Insurance Rule since Jan. 20.
- With respect to whatever policy DOL is implementing regarding self-insurance in the black lung program, please provide the following:
- A description of the policies for approving operators to self-insure, reauthorizing operators to self-insure and identifying the amount of security required for any self-insured operators.
- An explanation of the legal justification for any policy described in (a), if it is not the Black Lung Self-Insurance Rule.
- Any documents about such policy, including the text of such policy.
In a Dec. 2 post to X, the environmental advocacy organization Appalachian Voices thanked Scott and Omar for their efforts, writing that the rule ensures “coal companies are paying for benefits for miners who get black lung disease.”
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Original article published by Safety+Health an NSC publication