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July 17, 2026 - In April, 2024, after years of lobbying efforts by the UMWA, a landmark federal silica dust rule was put in place, significantly reducing respirable crystalline silica exposures and improving revisions to help with the early detection of related diseases. It also included updates to the respiratory protection standard, ensuring that miners would be adequately protected from the harmful effects of silica dust. 
The union hosted a Department of Labor Silica Rule Kickoff Event at the UMWA’s District 2 office in Uniontown, Pennsylvania to celebrate the finalization of the new Silica Dust Exposure Rule (silica rule, rule). The Acting Secretary of Labor at the time, Julie Su, was in attendance to celebrate this monumental new silica standard. “For too long, we accepted this as just the way things are for people who work in the mines. They’ve had to work without the same protections from silica dust that people in other industries have, even though we’ve known about the harms of silica dust. No job should be a death sentence,” Su said.
At the time of that event, President Emeritus Cecil E. Roberts, said, “The UMWA has been advocating for this rule for many years, so we are glad that the Agency has created a rule to address the rise in silica-related lung diseases in our nation’s miners, both coal and metal/non-metal.
“Young miners in their 30’s and 40’s are getting lung diseases that are being exacerbated by silica dust. What was thought to be a disease of the past is coming back with a vengeance because miners are cutting more rock than ever before.”
The celebration of the new silica rule was short lived. Just two months later, in June, 2024, a provision was passed by the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies in its annual budget report blocking all funding for the new rule.
“OUR MISSION HAS ALWAYS BEEN TO PROTECT THE SAFETY AND HEALTH OF MINERS, AND WE WILL CONTINUE TO DO SO BY ENSURING MSHA IS ENFORCING THE LAWS THAT WERE PUT IN PLACE TO DO JUST THAT.” –PRESIDENT BRIAN SANSON
“We were disappointed at the time we learned about blocking the funding for the silica rule and as time has moved on, to say we are frustrated would be putting it mildly,” said President Sanson.
“MSHA’s silica standard would have reduced the amount of deadly silica dust in mine atmospheres, which is crucial for combating the worsening epidemic of black lung disease. The union stands firm that the actions taken since 2024 are a direct attack on the health and safety of coal miners. The epidemic of black lung disease is a critical issue that demands immediate action.
“It is imperative that we protect those who risk their lives every day to provide the energy that powers our nation. Sacrificing the health of our nation’s miners for any reason is not only morally reprehensible, but it also undermines the principles of fairness and justice that our country stands for,” Sanson said.
On April 6, 2026, the Mine Safety Health Administration (MSHA) published a final rule in the Federal Register announcing that “Since a judicial stay is in effect, this notification delays the conforming amendments indefinitely,pending judicial review.”
UNDERSTANDING THE TIMELINE
For background purposes, immediately after the rule was published, it was challenged by the National Sand, Stone and Gravel Association. The challenge is pending before the United States Court of Appeals for the 8th Circuit, based in St. Louis, Missouri.
The challengers filed initial briefs supporting their respective positions and seeking various relief from the 8th Circuit. The UMWA filed with the court but was refused standing. This prevented the UMWA from arguing its opposition before the 8th Circuit. MSHA then filed a brief in support of the final rule. Amid those filings, the Trump Administration took over. With that, the Department of Labor (DOL) and MSHA’s political leadership shifted.
As the coal compliance deadline approached, MSHA announced a voluntary stay delaying enforcement for coal from April, 2025 until August, 2025, while the metal/nonmetal deadline remained unchanged.
Following MSHA’s voluntary stay of the coal rule, industry challengers moved the 8th Circuit to issue a nationwide judicial stay of its implementation. The judicial stay was granted on April 11, 2025, effectively preventing MSHA from enforcing the rule and requiring compliance with its new provisions until the case before the 8th Circuit is resolved or settled, or the parties move to lift the stay. That judicial stay remains in effect to date.
With the judicial stay in place, the 8th Circuit is not expected to rule anytime soon. The court granted the parties’ request to hold the litigation in abeyance while they attempt to resolve the legal challenge through negotiation. Instead, the parties have been filing regular status updates with the 8th Circuit to keep the court informed of developments and to ensure the case does not languish on the court’s docket.
In its November, 2025, update to the court, MSHA announced that the agency intended to engage in limited rulemaking to “reconsider and seek comments on portions of the silica rule impacted by the appeal.” MSHA reiterated that intention in its January, 2026, update to the court.
Once MSHA publicizes the Notice of Proposed Rulemaking (NPRM), it will provide another opportunity for stakeholders and the public to comment. After the notice and comment period, MSHA will develop a supported final rule and preamble. Afterward, interested parties may again challenge the rule.
On May 4, 2026, the Office of Management and Budget (OMB) received MSHA’s revised silica rule for review.
“While we still do no know what changes the Agency is planning on making to the rule, the union has requested a meeting with the Office of Information and Regulatory Affairs (OIRA) to express our opposition to the Agency making any changes to the rule that would in any way reduce the protections given to miners under the 2024 silica rule,” said President Sanson.
“Any meaningful changes to the silica rule will most likely be a violation of the “no less protection” rule in Section 101(a)(9) of the Mine Act. That section specifically provides that “no mandatory health or safety standard promulgated under this subchapter shall reduce the protection afforded miners by an existing mandatory health or safety standard.
“Simply put, by statue, MSHA cannot promulgate a standard that lessens existing protections for miners.,” Sanson continued.
“Every day the Agency delays enforcement of the new standard, miners are at risk of exposure to high levels of silica dust. This rule provides essential workplace protections against respirable silica dust, a significant hazard facing miners today.
“Without these protections, our members face increased exposure to this dangerous substance, which is the leading cause of serious respiratory illnesses among miners, particularly affecting young miners. In Appalachia, one in five miners gets black lung disease, the highest level ever recorded,” Sanson said.
“Our mission has always been to protect the safety and health of miners, and we will continue to do so by ensuring MSHA isenforcng the laws that were put in place to do just that.”
THE FIGHT CONTINUES
On October 14, 2025, coal miners, members of the National Black Lung Association and other advocates attended a rally in Washington, D.C. The rally was held in front of the Department of Labor headquarters. Black lung victims were seen carrying oxygen tanks and some were in wheelchairs.
Advocates were there to demand immediate enforcement of MSHA’s silica dust exposure rule. President Sanson and President of the National Black Lung Association Gary Hairston both attended and spoke at the rally.
Hairston, with tears running down his face, said, “I’ve been coming up here for 20 some years to get this silica rule and get it enforced. Congress, you all haven’t been doing anything for us. We need you all to stand up for us coal miners. You have us stand beside you when you run for election, and now we need your help. We need your help right now. We need the silica rule. We need it enforced.”
Several other speakers made their appeals to enforce the silica rule. President Sanson then spoke to those in attendance and to local media. “The head of MSHA put a complete stop to the rule back in April. Now, the issue is in court. When the union saw that the Mine Safety and Health Administration wasn’t willing to stand up for coal miners, we stepped in.
“We filed briefs with the court but were rejected. Worse, MSHA actively fought to keep us from participating in the legal battle. The agency that’s supposed to protect coal miners doesn’t have the will to do it, and even worse, it’s preventing the union from doing that job as well.
Every day this rule is delayed, the situation becomes more dangerous,” said Sanson.
The UMWA filed a motion in federal court to intervene in the ongoing administrative review proceeding concerning MSHA’s defense of the silica rule. The court denied that motion.
On March 3, 2026, President Sanson wrote to the Assistant Secretary of MSHA, Wayne Palmer, to request that the Agency enforce the silica rule. The letter stated, “I write to demand that the Mine Safety and Health Administration immediately end its unlawful and dangerous enforcement pause of the silica dust standard.”
On April 14, 2026, MSHA replied by essentially stating that it had no plans to enforce the silica rule, the very agency that is in place to protect the health and safety of miners.
“The union is currently exploring legal options because the issue is already before the 8th Circuit Court of Appeals, which has refused the UMWA’s request to intervene on two separate occasions,” Sanson said.
BLACK LUNG AFFECTING YOUNG MINERS AT RAPID PACE
Black lung disease was once thought by some to be a relic of the past—it’s not. Following federal reforms enacted after decades of labor activism, many believed the disease would gradually fade from the nation’s coalfields.
It did not. Instead, it has returned rapidly to coal-producing regions. Doctors began seeing alarming numbers of younger miners suffering from severe forms of black lung. Many have worked far fewer years underground than previous generations. Some require oxygen tanks in their 30’s and 40’s. Others need lung transplants. Many have died prematurely.
Researchers have increasingly identified respirable crystalline silica as a major factor in the resurgence. Silica is released when mining equipment cuts through rock formations surrounding coal seams. These microscopic particles can penetrate deep into the lungs, causing inflammation, scarring, silicosis, and contributing to the development of black lung disease. Medical experts have repeatedly warned that miners are encountering dangerous levels of silica dust.
For generations, our nation’s coal miners have understood a truth that could not always be seen but could certainly be felt. It floated in the air around them, settled on their clothes, and entered their lungs one breath at a time. Long after a shift ended and the machinery fell silent, the dust remained. And for thousands of miners across Appalachia and beyond, that dust became a death sentence.
The fight against black lung disease is one of the longest labor and public health battles in American history. It is a story of miners who sacrificed their bodies to power the nation, a story of families who watched loved ones struggle for every breath, and a story of the United Mine Workers of America who refused to accept that occupational disease is simply part of the job.
The United Mine Workers of America have been fighting for more than a decade to get a rule in place to protect miners from silica dust exposure, obtaining black lung disease and other debilitating respiratory illnesses. Anyone who has done their research would know that President Emeritus Cecil E. Roberts has testified before Congress on numerous occasions for more than a decade about the debilitating effects of black lung and how, in its most advanced stages, is ultimately a death sentence. MSHA, do your job!
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