(December 2020)
The Federal Coal Mine Health and Safety Act of 1969 (usually referred to as the Coal Act) was enacted as United States Public Law 91-173. It created the Mining Enforcement and Safety Administration (MESA) that later was renamed the Mine Safety and Health Administration (MSHA), controlled by the Department of the Interior. Its responsibilities are similar to those of the Occupational Health and Safety Administration (OSHA) but specifically address surface and underground coal mining operations and activities. This legislation was more comprehensive and stricter than any previous federal laws that applied to this industry at the time it was enacted.
The Coal Act required two inspections of every surface mine and four inspections of every underground mine each year. It also dramatically increased federal enforcement powers in coal mines. It required financial penalties for all violations and established criminal penalties for violations mine operators did knowingly and willfully. Safety standards for all mines were increased and strengthened, and health standards were developed and implemented.
The Coal Act also included specific procedures to develop improved and mandatory health and safety standards. Most importantly, it developed a program to provide compensation to miners totally and permanently disabled by Black Lung Disease. The Federal Mine Safety and Health Act of 1977 updated it (enacted as Public Law 95-164).
Advances in safety technology and mining methods have resulted in significant improvements in coal miners' working conditions. This Act was one impetus for such safety advancements. While it does not play the role it once did, its opening words acknowledge the physical dangers that mine workers face and states that its purpose is to cover them and their survivors.
The Coal Act responded to the plight of miners in the United States but the same conditions apply to exist around the world. Underground mining dangers include collapse of mine walls, ceilings, and shafts that can bury miners or cut off escape routes. These incidents can also cut off air supplies. Sub-surface flooding and rising waters can be equally devastating. These are only two common dangers underground miners face every day in addition to Black Lung Disease.
Pneumoconiosis (more commonly known as Black Lung Disease) is a respiratory disease caused by inhaling coal dust over prolonged periods. The simple form is usually not disabling. The complicated form (also known as progressive massive fibrosis) leads to total and permanent disability.
Cigarette smoking does not contribute to or increase the actual disease itself but does have a detrimental effect on lung function. The most common symptoms are shortness of breath and chronic cough. Two serious side effects or complications of the disease are corpulmonale (failure of the right side of the heart) and pulmonary tuberculosis.
This disease does not have a specific treatment or cure at the present time. All that can be done is to treat the symptoms and complications that develop as a result of the disease.
This endorsement amends Part One–Workers Compensation Insurance to cover exposures subject to the Federal Coal Mine Health and Safety Act as follows:
The state(s) where this coverage applies must be entered on the endorsement schedule. This can include monopolistic states.
Note: If this endorsement is used with a policy that does not provide state workers compensation insurance coverage, the insurance company may enter the words "no coverage," "none," or equivalent language in Item 3.A. on the Information Page.