A federal limit on silica dust to protect miners from black lung is likely to be delayed in court again.
The mining industry has asked the 8th U.S. Circuit Court of Appeals in St. Louis to delay the implementation of the silica dust rule until Oct. 17.
In a Monday filing, the industry says it is discussing a potential settlement with the Mine Safety and Health Administration.
The rule was supposed to take effect in April, but the industry petitioned the appeals court for a temporary stay. It was granted, at first delaying the rule until Thursday.
The rule would cut in half the amount of silica dust a miner is exposed to during an eight-hour shift.
Silica dust has been linked to severe cases of black lung, and in younger miners than in years past.
Black lung cannot be cured, but its progression can be slowed. The new silica dust limit was supposed to offer that protection. Miners can also apply to transfer to a job where they’re less exposed to the dust.
