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Statement of Need: Although respirable coal mine dust levels in this country are significantly lower than they were 25 years ago, there continues to be concern about the respirable coal-mine-dust sampling program and its effectiveness in presenting an accurate picture of exposure levels. In response to this concern, MSHA undertook an extensive review of the Agency's respirable coal-mine-dust program. The MSHA Coal Mine Respirable Dust Task Group Report, issued in June 1992, found that vulnerabilities exist which could impact miner health protection and made recommendations for improving the monitoring program. ^PThere are, however, significant differences of opinion among representatives of industry, labor, and government over the best approach to improving the effectiveness of the existing MSHA dust control program. These differences involve three primary areas: the current risk to miners of developing pneumoconiosis; the strategy for monitoring respirable coal mine dust; and the adequacy of existing control measures. MSHA has concluded that resolution of these critical issues requires a cooperative approach between the coal mining industry, labor, and the Federal Government. The ultimate objective of this cooperative undertaking is to devise a progressive occupational health protection strategy that focuses on control of the respirable dust hazard in coal mines to ensure elimination of pneumoconiosis.

Alternatives: MSHA's Dust Task Group Report identified a number of deficiencies in the existing dust control program. The report included recommendations for improving both MSHA's enforcement and the operator's sampling program, the majority of which would require regulatory change. MSHA initially planned to proceed to notice and comment rulemaking to implement these recommendations, but concluded that a Federal advisory committee would provide the best forum for considering the various views of the mining community. Consistent with this conclusion, in January 1995, the Secretary of Labor announced his intention to convene a Federal advisory committee to address these issues. Appropriate regulatory action will be initiated after the advisory committee delivers its recommendations.

Anticipated Costs and Benefits: While it is not yet known what changes the Committee will recommend, any modifications of the current program will seek a balance between anticipated benefits and associated costs. Benefits sought are reduced dust levels over a miner's working lifetime--the key to eliminating black lung and silicosis as a risk to coal miners. Enhanced protection to miners from these diseases will also reduce the cost of future black lung benefits and lead to lower operator insurance premiums.

Risks: Respirable coal mine dust is considered one of the most serious occupational hazards in the mining industry. Long-term exposure to excessive levels of respirable coal mine dust can cause black lung and silicosis, which are both potentially disabling and can cause death. There is concern about the adequacy of the respirable coal mine dust sampling program, an essential part of the overall strategy to protect miners' health. For these reasons, MSHA is seeking recommendations from a Federal advisory committee on how to eradicate pneumoconiosis through the control of coal mine respirable dust and the reduction of miners' exposure.