A U.S. District Judge, Irene Berger, has ordered the reinstatement of a health monitoring program for coal miners in West Virginia and reversed recent layoffs within the National Institute for Occupational Safety and Health (NIOSH). This decision came after a lawsuit was filed by Harry Wiley, a coal miner diagnosed with black lung disease, against Health Secretary Robert F. Kennedy Jr. and the U.S. Department of Health and Human Services.
The layoffs, impacting nearly 200 workers in Morgantown, were part of a restructuring at the Department of Health and Human Services. Judge Berger’s ruling emphasized that federal law requires regular health screenings for miners and safeguards for those diagnosed with black lung, including job transfers to reduce exposure to harmful dust. She stated that the defendants lacked the authority to cancel the Coal Workers Health Surveillance Program and directed that services and protections be fully restored without interruption.
Berger highlighted the severe repercussions of the program cancellation, noting that it could lead to loss of life for miners like Wiley, who have already been affected by the disease. The judge underscored the critical importance of the program, indicating that remaining in hazardous job conditions would jeopardize the health and longevity of affected miners.
Wiley’s attorney, Sam Brown Petsonk, asserted the essential nature of the program for coal miners, reinforcing public support for its continuation. The ruling mandates compliance within 20 days, and an inquiry seeking comment from Health and Human Services was not immediately answered.
NIOSH was established in 1970 and has played a crucial role in worker safety across various locations in the United States.
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