Coal industry, unions critical of federal drug-testing plan

BEAVER, W.Va. — 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 said 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.

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.