Coal industry, unions criticize fed drug test plan

Labor unions and mine operators on Tuesday criticized proposed federal rules to expand drug testing to include more than 116,000 coal miners, asking for sweeping changes to the proposal or for it to be dropped. Mine operators praised the federal Mine Safety and Health Administration for tackling what they consider a major safety problem across the country. But they told agency representatives during a hearing that the rules are less stringent than drug testing already in place throughout much of the industry. Labor representatives, on the other hand, blasted MSHA, saying it failed to make the case that drugs are a problem in the industry or that their use has contributed to deaths and injuries. "MSHA has not shown that the proposed rule is necessary," United Steelworkers official Mike Wright said during public testimony. "In this rule, MSHA is relying on limited anecdotal and sometimes irrelevant information." The proposed rules would prohibit the possession and use of drugs and alcohol at coal, copper, gold or any other type of mine, would test all job applicants and randomly test existing miners. Coal companies that don't already have drug-testing programs would have one year to comply with the regulation. MSHA estimates the initiative would cost the mining industry about $16 million the first year and $13 million a year thereafter. Wright labeled the proposed rules unconstitutional. Federal courts have held mandatory drug testing for workers is an illegal search except to protect national security, Wright said. He added that MSHA has not demonstrated a threat to the public or national security. "This proposal is unconstitutional and unnecessary. It's a distraction from real worker safety and it should be withdrawn," Wright said. United Mine Workers officials likewise urged MSHA to drop the proposal. So, too, did the National Mining Association, the National Stone, Sand & Gravel Association, the West Virginia Coal Association and major coal producers Arch Coal and Consol Energy. They urged MSHA to modify the rules to eliminate protections for employees who fail drug tests and give mine operators more latitude to examine hair, saliva and blood samples for drugs rather than limiting testing to urine samples. "Adoption of the proposed rule as published will actually diminish the level of workplace safety," said Mining Association lobbyist Bruce Watzman. Mine operators said that provisions to protect jobs of workers who fail drug and alcohol tests be stripped. Consol, Arch and other large operators already have drug-testing programs, often negotiated with labor unions, that allow them to immediately fire anyone who tests positive. A decision is not expected for awhile; MSHA typically takes several months to publish a final rule following the close of a public comment period. Patricia Silvey, MSHA director of Standards, Regulations and Variances, asked a few questions, but she and an agency review panel listened to the complaints, and that they would be taken under advisement. MSHA held one hearing, taking testimony via teleconference from Beaver, Washington, D.C., Pittsburgh, Englewood, Colo., Birmingham, Ala., Madisonville, Ky., and Price, Utah. The United Mine Workers protested that procedure, saying holding hearings in big mining states would have better included miners.