A preliminary injunction to prevent job cuts at the Morgantown National Institute for Occupational Safety and Health (NIOSH) coal-focused programs has been secured by a federal judge. Despite this, the U.S. Department of Health and Human Services is pushing for full dismissal of the case. The department’s legal representatives recently submitted a response lending justification of their motion to dismiss this lawsuit initiated in April. The suit aims to ensure full resumption and continuation of the Coal Workers’ Health Surveillance Program (CWHSP) within Morgantown’s NIOSH Respiratory Health Division.
The Southern District of West Virginia’s U.S. District Court had previously issued a preliminary injunction on May 13. This injunction was in favor of a retired coal miner hailing from Kanawha County. The Court ruled that force reductions at the NIOSH Respiratory Health Division needed to cease and employees should be reinstated. But, the legal counsel opposes this, stating that the miner’s claims should be dismissed on the grounds of lack of standing and mootness of his case.
The legal representatives contend that since the CWHSP is now operational and the plaintiff has been able to supplement his medical evidences, his initial alleged injury no longer persists. They elucidated the situation by stating that the Morgantown-based NIOSH facility’s Respiratory Health Division (RHD) has resumed its work. Furthermore, the CWHSP is accepting medical examinations for assessment.
To prove their point, lawyers drew attention to the fact that the retired miner has submitted fresh medical evidence since the aforementioned changes took place. They expect this fresh medical evidence to be processed in reasonable time, thereby further undermining any claims of harm by the retired miner.
The reduction in forces (RIF) at Morgantown’s NIOSH unit was initiated on April 1. This contextually marked a step towards the elimination of approximately 200 jobs at Morgantown’s NIOSH, a part of the nationwide plans to reduce around 2,400 jobs at NIOSH facilities. NIOSH, a branch of the CDC, promotes research into workplace-related diseases and health hazards.
Focusing on Morgantown, NIOSH carries out key investigations related to coal-specific health concerns. Their work majorly involves studying respiratory diseases such as Black Lung, accidents in mines leading to traumas, and general safety within coal mines. There are particular programs designed to encourage miners to screen for black lung syndrome, which is facilitated by their employers and submitted to NIOSH.
Coal mine operators have the option to offer medical screenings approved by NIOSH or to provide a written declaration about the arrangements in place for NIOSH-conducted medical check-ups. In another scenario, miners can independently apply to the CWHSP, furnishing evidence of contracting black lung disease, but this is covered at their own cost.
According to the retired miner’s grievance, he did not receive any response from NIOSH after submitting his application. However, the attorneys claimed otherwise and successfully demonstrated that a response was indeed issued by NIOSH. Additional inner-correspondence within NIOSH concerning the case was also drawn upon to support their stance.
Legal representatives assert that dismissing the case is justified as staff at the Morgantown NIOSH facility have already started resuming their work. In response to lobbying efforts by members of the congressional delegation, a certain number of NIOSH personnel at Morgantown site have had their full-time status restored.
NIOSH had seen around 900 job reductions, leaving a mere 10% of the workforce intact. Reinforcing their argument for case dismissal, attorneys also stipulated that the miner’s claims do not have sovereign immunity waiver under the Administrative Procedure Act (APA). They also argued that the actions undertaken by the agency, which the miner alleged as detrimental, do not fall under final agency actions that can be reviewed under the APA.
The attorneys’ argument extended to the point that the RIF notifications provided to NIOSH employees were never regarded as a definitive action by the department. They held that this further undermines the legal standing of the miner’s claims and solidifies their assertion for dismissal of the case under consideration.