HOUSE CONCURRENT RESOLUTION NO. 33

(By Delegates Hrutkay, Caputo, Marshall, Burdiss,

Hutchins, Kominar, Mahan, Moore, M. Poling,

Tucker, Duke, Hamilton and Porter)


Requesting that the Joint Committee on Government and Finance authorize the study of an increase in the prevalence of coal workers' pneumoconiosis.

Whereas, Coal workers' pneumoconiosis, also known as black lung, is a chronic lung disease caused by the inhalation of coal mine dust; and
Whereas, National Institute for Occupational Safety and Health (NIOSH) surveys conducted in 2006-07 revealed that eight to ten percent of West Virginia miners have X ray evidence of black lung; and
Whereas, Twenty-eight of West Virginia's fifty-five counties produce coal; and
Whereas, Nineteen of West Virginia's coal producing counties have cases of rapidly progressive black lung; and
Whereas, Black lung rates in the United States have doubled in the last ten years; and
Whereas, Longer shifts and extended work weeks result in increased exposure to coal dust; and
Whereas, Silicosis, a form of black lung, is a disabling and often fatal lung disease caused by breathing dust containing crystalline silica; and
Whereas, According to the United States Inspector General, MSHA did not perform fifteen percent of its required inspections in underground coal mines in Fiscal Year 2006; and
Whereas, The federal Mine Safety and Health Administration (MSHA) rule significantly lowers respirable dust standards when a mine's atmosphere contains more than five percent silica; and
Whereas, In states or counties where sampling is done yearly by MSHA, samples from "continuous miner machine" operators and "roof bolt" operators revealed that twenty percent of the samples exceeded the maximum allowed silica dust concentration; and
Whereas, Dr. Lee Petsonk of the National Institute of Occupational Safety and Health presented the House of Delegate's Mine Safety Committee with NIOSH's recent findings of coal workers' health surveillance program in West Virginia, informing the Committee that miners are contracting the deadly disease at a younger age; and
Whereas, Dr. Petsonk concluded that low coal seams in West Virginia put miners closer to silica, which is more toxic than coal, and suggested setting a standard for silica would help prevent coal workers' pneumoconiosis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact of coal workers' pneumoconiosis on West Virginia's miners, including, but not limited to, causes, preventions, treatment and long-term health implications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.