Overcrowding and staff shortages at prisons, many of them rural, raise safety concerns

Overcrowding in federal prisons threatens the safety of staff and inmates, according to a new Government Accountability Office report on the Bureau of Prisons. Many prisons are in rural areas, employing many local residents. The report says BOP officials report an increased use of double and triple bunking, waiting lists for education and drug treatment programs, and increased inmate-to-staff ratios. Those factors lead to increased inmate misconduct, and increased safety risks.

Inmate population is growing faster than the BOP's capacity, Joe Davidson of The Washington Post reports. Prison population grew by 9.5 percent from 2006 to 2011, but the BOP's capacity only grew by 7 percent. "Nearly all BOP facilities had fewer correctional staff on board than needed," GAO said in the report. BOP staff shortages were in excess of 3,200. The inmate-to-staff ratio has decreased. "Fewer officers is not a strategy for success," Davidson writes. "The consequences can be real and bloody." Understaffing leads to an increased in inmate-on-worker assaults, with almost 1,700 assault on staff happening in 2010, according to GAO. (Read more)

Good pay, independent culture, dislike of Obama make Appalachian coal miners 'proud to be scabs'

"As recently as the 1980s, plenty of coalfield residents thought Big Coal was the problem. But these days, in . . . Central Appalachia — southern West Virginia, southwestern Virginia, eastern Kentucky and eastern Tennessee — coal mining is overwhelmingly popular, despite well-documented risks to workers’ health and community safety," reports Gabriel Schwartzman of In These Times, a liberal, labor-oriented managzine. (Photo by Schwartzman: Supervisory miner gets coffee before work)

Schwartzman spent this summer in the region trying to determine why the previous Democratic and union stronghold has turned so sharply to the right, and doesn't mince words in presenting his conclusion: "At $108,000 a year, nothing in Appalachia compares to miners' wages," he writes. Those wage increases are linked to increased mechanization and smaller workforces, and have changed the political and financial nature of that workforce, he reports. One miner in Pike County, Kentucky, told him he would lose everything if "coal was shut down" because no job in the region could pay him as much.

The union battles for higher wages, better safety and benefits of 30 years ago were largely lost, ultimately ending with the United Mine Workers of America abandoning strikes, Schwartzman writes. Companies raised wages without unions, but cut many jobs with increased mechanization. A major unionized company in the region, Patriot Coal, is now bankrupt and unable to pay miners' pensions.

Miners with jobs told Schwartzman the non-union life is good. "We are scabs. We're proud to be scabs," one surface miner at Camp Branch mine in West Virginia told him. They are loyal to their companies, and that loyalty extends to families, friends and businesses supported by coal miners, Schwartzman reports. But an Energy Information Administration forecast of a 58 percent decline in Central Appalachian coal production by 2035 is reason for many to worry. Though the current decline is being caused mainly by competition from cheap natural gas and the decreased viability of Appalachian coal, miners tend to believe increased environmental regulation is the cause.

Schwartzman reports intimidation and threats received by those who advocate for safer mining practices or oppose mountaintop-removal mining. "Social media is used as a mobilizing tool against 'tree huggers,'" Schwartzman reports. "Aside from calling rallies and protests, post like this August 6 one appear regularly on Citizens for Coal's Facebook page: 'Just saw a post saying tree hugger in Gilbert eating at Wallys restaurant.'"

Many miners expressed to Schwartzman the need to vote out President Obama, even though his administration increased mine safety inspections, probably reducing miner injuries; increased health care for black-lung victims, and increased investments in clean-coal technology. Schwartzman writes that coal companies stir up anti-Obama rhetoric, but the Christian right and the National Rifle Association also play a role. "Those forces play upon values of autonomy and independence that run deep here," Schwartzman writes. "For 150 years, these values have helped Appalachians survive outsiders exploiting their mountain resources. Now those values have become aligned with out-of-state coal companies against environmentalists and liberals." (Read more)

Neither party has supported policies that will help the coal miner, Betty Dotson-Lewis writes for the Daily Yonder.

Physicians for Social Responsibility say 'each step of the coal life cycle impacts human health'

A new report released this week analyzes the human health impacts of coal, with a specific focus on the cumulative impacts of air pollution from burning coal on the respiratory, cardiovascular and nervous systems. The Physicians for Social Responsibility study, "Coal's Assault on Human Health," concluded that "each step of the coal life cycle -- mining, transportation, washing, combustion and disposing of post-combustion waste -- impacts human health."

Researchers found that mining of coal contributes to heart disease, cancer, stroke and chronic respiratory diseases, four of the five leading causes of death in the U.S. In particular, burning coal contributes to diseases affecting large portions of the U.S., including asthma, lung cancer, heart disease and stroke. It also impairs lung development, increases heart-attack risk and hinders intellectual development. The report adds to previous correlation studies suggesting possible links between mountaintop mining and increased rates of disease in Appalachia by University of West Virginia public-health professor Michael Hendryx.

Physicians for Social Responsibility makes several recommendations, including reducing carbon dioxide emissions "as deeply and as swiftly as possible," ending construction of new coal-fired power plants, reduction of fossil fuel use and the development of renewable energy sources. (Read more)

Child farm-labor rules, unchanged after lobbying, probably affect more children than statistics indicate

The recent debate about child farm-labor laws revolved around what many farm families said was an integral part of growing up on a farm: helping out around the fields. What many may have overlooked, though, is that the children of migrant workers don't grow up on farms; they just work on them. And advocates say "lax enforcement of underage labor laws and inadequate safety rules for teens are threatening the long-term health of thousands" of those migrant children, Anthony Schick of The Oregonian reports. (Oregonian photo by Faith Cathcart: Diana Cristal Mendoza Sanchez, 12, picks blackberries)

Farm lobbyists have blocked tighter restrictions on the work children may legally do, and efforts for closer monitoring have failed, Schick writes. The industry won a huge victory when the Obama administration stopped the Labor Department's plan to revise child labor rules written in 1974 and adopt in regulation a policy adopted by the second Bush administration more than 10 years ago. Most child labor in heavy agricultural states is largely hidden "because official data do not include underage workers," Schick reports. "Visits to fields and interviews with farmworkers indicate it is far more widespread than statistics show."

Schick continues: "Nearly everyone involved has an incentive to allow underage labor. Farmers need crops picked, farmworkers need money children bring home and advocates for workers risk alienating whole families if they broach the subject. The tenuous residency status of many Mexican-born workers also plays a role." Even though parents and farm owners say the jobs children do are relatively safe, but Schick reports that all children working on farms face "significant risks:" Child farmworkers suffer fatal injuries four times as often as in other industries, extreme heat, repetitive strain and exposure to toxic substances can create chronic health problems. (Read more)

Sentencing of former Upper Big Branch Mine boss delayed again as he aids probe of blast that killed 29

A judge has again postponed sentencing of a former superintendent at the Upper Big Branch Mine in West Virginia because prosecutors said the delay would help their ongoing criminal investigation of the April 5, 2010, explosion that killed 29 coal miners.

L.A. Times photo

Former superintendent Gay May, left, is "cooperating in an ongoing investigation and the parties need additional time to fully develop the extent of his cooperation," Assistant U.S. Attorney Steve Ruby said this week, reports Ken Ward Jr. of The Charleston Gazette. Ruby said the additional time would allow "significant further development of the investigation." District Judge Irene Berger rescheduled the sentencing hearing for January.

In a plea deal, May admitted that he plotted with others to conceal hazards at Upper Big Branch on numerous occasions that compromised workers' safety. He also admitted that he participated in a "scheme to provide advance warning of government inspectors and then hide or correct violations before federal agents could make it into working sections of the mine," Ward reports.

Independent auditing arm of Congress says tougher coal-dust limits sound, would reduce black lung

The Obama administration used appropriate scientific studies and analysis when it proposed tightening limits on coal dust to fight a resurgence of deadly black-lung disease, says a federal government audit made public Friday. The review, mandated by Congress and done by its Government Accountability Office, supported the federal Mine Safety and Health Administration proposal and dismissed industry complaints that challenged MSHA's evidence and methodology. (MSHA photo)

In its 24-page report, the GAO said key scientific studies support MSHA's conclusion that tightening the dust limit would reduce miners' risk of getting black lung: "Our evaluation of the reports MSHA used to support its proposal and the key scientific studies on which the reports were based shows that they support the conclusion that lowering the PEL [permissible exposure limit] from 2.0 mg/m3 to 1.0 mg/m3 would reduce miners’ risk of disease. The reports and key studies concluded that miners’ cumulative exposure to coal mine dust at the current PEL over their working lives places them at an increased risk of developing progressive massive fibrosis, and decreased lung function, among other adverse health outcomes. . . . To mitigate the limitations and biases in the data, the researchers took reasonable steps, such as using multiple x-ray specialists to reduce the risk of misclassifying disease and making adjustments to coal mine dust samples where bias was suspected.

The report also says "Researchers used appropriate analytical methods to conclude that lowering the existing PEL would decrease miners’ risk of developing black lung disease. For example, in addition to taking steps to precisely estimate a miner’s cumulative exposure, the researchers accounted for several factors in their analyses—such as the age of the miners, the carbon content of the coal (coal rank), and other factors known to be associated with the disease—to better estimate the effect of cumulative exposure to coal-mine dust."

Completion of the GAO report frees MSHA to finalize the rule, but agency officials last week offered no timeline for when they would do so, reports Ken Ward Jr. of The Charleston Gazette. Read the report here.

Republican appropriators, including chair from coalfield, try to block new rules aimed at black lung

The House Appropriations Committee passed a spending bill yesterday with a provision that would prohibit the Mine Safety and Health Administration from issuing or enforcing new coal-dust regulations aimed at preventing the continued rise of black-lung disease among Central Appalachian coal miners. The move comes just days after the Labor Department said it would create a team of experts and lawyers to determine how best to increase regulation.

Recent investigative media reports from The Charleston Gazette, National Public Radio and the Center for Public Integrity found black lung is again on the rise in Central Appalachia -- Eastern Kentucky, southern West Virginia and southwest Virginia -- and has quadrupled since the 1980s. Many new cases are showing up in surface miners.

Lexington Herald-Leader photo

Committee Chair Hal Rogers of Kentucky, left, whose 5th District has some of the highest rates of black lung, defended the panel's move. He said the proposed coal-dust rules rely on 15-year-old studies and questionable data, reports James Carroll, Washington correspondent of The Courier-Journal. “The health and safety of our coal miners should take precedent above all else, which is why these rules should be based on sound, up-to-date scientific evidence,” Rogers told the Louisville newspaper. (Read more)

Some experts say the current rate of black lung has reached "epidemic proportions," the Gazette's Ken Ward Jr. wrote on Coal Tattoo. He quotes California Democratic Rep. George Miller: "Republicans are sending a message that profits for their wealthy campaign contributors are more important than the lungs and lives of America's coal miners." West Virginia Democratic Sen. Jay Rockefeller said regulations to limit black lung are "essential, especially when we know that black lung rates are rising in a new generation of miners." (Read more)

Labor Dept. reacts to black-lung series with team to study how to improve coal-dust enforcement

The recent revelations by the combined work of three news organizations about the resurgence of black-lung disease in coal miners in Appalachia at first seemed to fall on deaf ears. This riled one of the reporters, Ken Ward Jr. of The Charleston Gazette, who wrote early last Friday of his disgust that there had been no immediate outrage over the hard fact made plain: It was clear that miners had been made promises that weren't kept and had been lied to for decade. By Monday, he was updating with some reaction to the question he asked: Where is the outrage? (Undated photo: West Virginia University collection)

Now, the Gazette, NPR and the Center for Public Integrity, the organizations which did the stories, hear that the Mine Safety and Health Administration and its parent agency, the Labor Department, "are putting together a team of agency experts and lawyers to specifically consider how to bolster coal mine dust enforcement given the statutory and regulatory weaknesses detailed " in the stories, NPR's Howard Berkes writes. "The effort includes discussion of how the agency might be more aggressive in filing civil and criminal actions against mining companies that violate coal mine dust standards, according to an internal Labor Department communication obtained by NPR."

Another new development, Ward reports, was a filing of a new lawsuit against Alpha Natural Resources by miner Terry Evan Lilly, "who alleges that mining practices — including cheating on respirable dust sampling — led to him getting the most serious form of black lung disease. Among other things, the suit filed by Morgantown lawyer Al Karlin accuses mine management where he worked" of instructing miners to hang air sampling pumps designed to measure dust exposures in areas where the air was clean instead of keeping the sampling pumps with them in the air where they were actually working. One of the mines Lilly worked at was Upper Big Branch, where 29 miners died in an explosion two years ago. The mine was owned by Massey Energy, which Alpha bought. Meanwhile, U.S. Attorney Booth Goodwin confirmed to Ward that his office is examining "potential criminal violations related to dust-cheating, as part of its continuing probe of the Upper Big Branch Mine Disaster," Ward reports.

The Appalachian News-Express, a thrice-weekly in Pikeville, Ky., has some ideas for solving the black-lung problem: "First and foremost, stop letting the coal companies — who are chafing against the regulations to begin with — report their own dust sampling data to determine if the regulations are being complied with. There’s simply too much opportunity, and temptation, for companies to massage their data to suggest compliance. Second, if companies are found in violation of the coal dust standards, enforce those violations. MSHA needs to stop granting extensions when violations are found that allow unsafe coal dust levels to persist for weeks, or even months, before being corrected.
Last, increasing the fines for violations of coal dust standards may convince coal companies that complying with the regulations is more cost-effective than breaking them. And if we directed the increased revenues from fines to help pay for the health care costs of black lung victims, it’s a win-win situation." (Read more, subscription required)

Farm workers face 'red tape,' fear of retaliation when reporting harm from pesticide use

Farm workers are constantly at risk from pesticides in fields where they work, and even though the Environmental Protection Agency maintains a "Worker Protection Standard" that's supposed to regulate pesticide use, "no one knows the full scope of the environmental perils in the fields," reports Ronnie Greene of iWatch News. (Associated Press photo by Luis M. Alvarez)

The Government Accountability Office said in 1993 that a "lack of data" about the health effects of pesticides "could lead to a 'significant underestimation of both the frequency and the severity of pesticide illnesses,'" Greene reports. Today, the EPA can "still only guess" about the number of pesticide-related illnesses, mostly because farm workers tend to be illegal immigrants who don't want to speak up. States, which have been given EPA-authority to enforce pesticide regulation, don't receive many complaints, according to federal records. Some state officials think the system is broken, but EPA"red tape" is keeping reforms from happening, Greene reports.

Workers fear the price for speaking up may be too great. In 2010, farm workers were fired on the spot and sent back to Mexico after complaining multiple times about pesticides sprayed near them in a tomato field. A farm worker in Florida became ill in 2009, and discovered the pesticide endosulfan, which has since been banned by the EPA, was sprayed less than 24 hours after she started working. When she went to the doctor, she said she wasn't asked about the pesticide. The crux of the issue, Green reports, is this: "Workers have little voice when it comes to pesticides." (Read more)

Coal miner fired for whistleblowing about safety violations is reinstated to work by federal judge

A federal judge has ordered that coal miner Charles Scott Howard, 52, right, is entitled to return to work at Cumberland River Coal Co. after 13 months of alleging discrimination in federal court for his reporting on the company's violations. Administrative Law Judge Margaret Miller also ordered the company to pay Howard a $30,000 fine for discriminating against a whistleblower.

Howard was fired last year after he suffered a head injury while working. Several doctors deemed him fit to return to work, but he was fired anyway, he alleged, because the company didn't like that he brought safety violations in the mine where he worked to the attention of federal safety officials. Miller wrote in her decision that managers at Cumberland River and its parent company Arch Coal "waited until every doctor, including two neurosurgeons, two eye doctors, a psychiatrist and others found no impairment and agreed Howard could return to work" before a doctor working for the companies said Howard could no longer be a miner, The Associated Press's Brett Barrouquere reported. "I find that the mine sought out and received the opinion they were seeking and immediately upon receipt of that single opinion, terminated Howard's employment," Miller wrote.

Howard has been whistleblowing about unsafe mining conditions for years, and has been getting disciplined or fired after each occasion. This is the third time he's been reinstated by a judge. (Read more)

Natural gas industry's rapid growth putting strain on states' efforts to properly inspect wells

Advocates whose job it is to watch the natural-gas industry have been impressed by Ohio's example: The state has hired as many as 70 new field inspectors to keep track of the work being done by drillers of 250 more wells this year in their state alone. But, reports Jim Malewitz of Stateline, the news agency of the Pew Center on the States, there is concern that other states are falling way behind in their mandated inspections of the gas wells that have appeared on their landscapes. (Photo by Amy Sancetti)

Gwen Lachelt of Washington, D.C.-based Earthworks, which advocates more oversight of the gas industry, "notes that in other states with surging natural gas production, there has been no effort to beef up oversight of the oil and gas industry. 'No one is minding the store,' Lachelt says. 'The states are simply not enforcing what regulations they do have on the books…They don’t have enough inspectors, and wells are going uninspected."

Because of a lack of manpower, most wells across the U.S. are not inspected in a given year.  Malewitz notes that, for example, New Mexico has roughly the same number of oil and gas wells as Ohio, but it employs only 12 inspectors to oversee them. That small crew made between 25,000 and 30,000 inspections last year. In Colorado, home to 47,651 wells, a team of 15 performed 12,000 inspections in 2011, according to the state Oil and Gas Conservation Commission.  (Read more)