HHS Must Restore Fired Coal Safety Researchers, Judge Says (1)

The Department of Health and Human Services must restore all laid-off federal researchers who conduct health surveillance of coal miners while a legal challenge to those firings proceeds, a West Virginia federal judge said.

Judge Irene C. Berger, of the US District Court for the Southern District of West Virginia, granted a coal miner’s request to compel the HHS to restore all personnel in the Respiratory Health Division of the National Institute for Occupational Safety and Health.

“Uncontroverted evidence before the Court overwhelmingly establishes that the mandatory statutory duties cannot effectively be fulfilled without an injunction terminating the RIFs,” said Berger, referring to the reductions in force that have cut thousands of government jobs.

Berger also ordered that there be no pause in protections and services mandated under the Mine Act as it pertains to regulations for the health and safety of miners even in the event of a broader reorganization at the HHS.

“Testing for, diagnosing, preventing, and researching black lung is a highly specialized field—it simply is not possible to transfer the duties of the RHD employees to others without a period of transition and training,” Berger added.

Harry Wiley, a West Virginia coal miner filed a class action against HHS, arguing the cuts to the personnel at NIOSH, who carry out medical surveillance and job transfer, violate provisions under the Federal Mine Safety and Health Act of 1977. The government argued Wiley lacked legal standing and that granting an injunction would incentivize similar lawsuits that could undercut a federal agency’s attempt to restructure.

Berger said the HHS is required to staff these positions.

HHS Secretary Robert F. Kennedy Jr. lacks the authority to unilaterally cancel the Coal Workers’ Health Surveillance Program—which Congress appropriated funds for NIOSH to carry out its duties—according to Berger.

The Mine Act allows US coal miners access to medical screenings and an epidemiological surveillance program, along with the right to transfer to another role—known as Part 90—if coal miners develop early signs of lung disease. NIOSH personnel undertake the CWHSP, which has grown in need over the years as miners face severe hazards of exposure to crystalline silica dust.

The class action also comes after NIOSH, part of HHS, notified workers April 1 that nearly 900 staffers would be let go as part of HHS Secretary Robert F. Kennedy Jr.'s plans to cut 10,000 employees across his agency. Wiley asserted the firings prevent the agency from fulfilling its statutory duties and put coal miners at risk of developing black lung.

HHS restored 110 NIOSH jobs in Morgantown permanently after a West Virginia senator lobbied to reverse cuts in her state.

When inhaled, silica dust can scar workers’ lungs, leading to the disease silicosis, which makes it difficult to breathe. In severe cases, patients need lung transplants to recover.

Mountain State Justice Inc. and Petsonk PLLC represent Wiley.

The Justice Department represents Kennedy and the HHS.

The case is Wiley v. Kennedy, S.D. W.Va., No. 2:25-cv-00227, 5/13/25