A federal judge has granted a preliminary injunction to suspend layoffs at the National Institute for Occupational Safety and Health (NIOSH) coal-related project in Morgantown, but the head of the U.S. Department of Health and Human Services (HHS) is still seeking to dismiss the entire lawsuit.
The ban came into effect and the litigation dispute escalated
On May 13th, the Federal District Court for the Southern District of West Virginia, on behalf of Harry Wiley, a retired coal miner from Canova County, issued a preliminary injunction, ordering the cessation of layoffs in the NIOSH Respiratory Health division and the restoration of employees’ positions. Willie previously filed a lawsuit in April, demanding the full restoration of the NIOSH respiratory health department in Morgantown and the continuation of health monitoring projects through the “Coal Miners’ Health Monitoring Program” (CWHSP). However, the legal team of HHS Secretary Robert Kennedy Jr. submitted a response last Friday in support of the motion to dismiss the lawsuit. They argued that Willie was ineligible for litigation and the case was no longer meaningful – as CWHSP has resumed operations, the plaintiff can now submit additional medical evidence and the damages he initially claimed no longer exist. Assistant U.S. Attorney Fred Westfall pointed out in the document: “The respiratory health department of NIOSH in Morgantown has resumed operations and the CWHSP is undergoing a medical examination review.” In fact, since these changes occurred, Willie has submitted new medical evidence, which will be processed according to the procedures. Therefore, the damage claimed by the plaintiff no longer exists. Even if the plaintiff was initially qualified to file a lawsuit, the claim has now become invalid.
The background of layoffs and disputes over institutional functions
Kennedy launched a layoff plan at NIOSH and other HHS institutions starting from April 1st. About 2,400 NIOSH positions across the country will be cut, among which about 200 positions at Morgantown NIOSH will be affected. As an agency reporting to the Centers for Disease Control and Prevention (CDC), NIOSH focuses on workplace-related injury and illness research, while the Morgantown branch mainly studies health issues in the coal industry, including respiratory diseases such as black lung disease, mine trauma, and coal mine safety. Miners can submit black lung disease screening programs to NIOSH through employer participation. Underground coal mine operators need to provide NIOSH-approved medical examinations or written notifications of relevant arrangements. Miners can also submit applications to CWHSP at their own expense – Willie adopted this approach as early as last November. However, it was stated that no reply from NIOSH to its Part 90 application was received. However, HHS lawyers presented evidence showing that NIOSH had responded to Willie in December and submitted internal communication records of the institution regarding its case.
The government’s defense and the extension of industry influence
HHS emphasized that given that employees of NIOSH in Morgantown have gradually returned to work, the case should be dismissed. Under pressure from the congressional delegation of West Virginia, HHS has restored the positions of some employees in this division. Recently, 100 people have returned to full-time work. Previously, HHS cut approximately 900 NIOSH positions and retained only 10% of the workforce. Furthermore, Kennedy’s legal team reaffirmed that the claim made by Willie under the Administrative Procedure Act (APA) lacks a sovereign immunity waiver clause, and the so-called institutional action is not the final administrative act that APA can review – HHS stated that the layoff notice issued to NIOSH employees is not regarded as the department’s final action. This legal dispute not only involves the occupational health protection of thousands of workers, but also reflects the policy game between federal agency reform and public health services.
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