A new final rule was issued by the federal Department of Labor last week that will require coal operators who self-insure to post adequate security bonds that cover all of their black lung benefit liabilities.

The rule comes as a protection for coal miners who currently or could in the future receive black lung benefits, which are supposed to be paid by the operators who employed them and who, through that employment, exposed them to dangerous silica dust that causes black lung disease. 

“This is a long-overdue rule that will have a significant impact in helping to ensure benefits to miners who have contracted black lung will be paid, and be paid by those responsible — the coal companies,” said Cecil Roberts, president of the United Mine Workers of America, in an emailed news release earlier this week.

The finalized rule requires self-insured coal companies to post collateral — through surety bonds or other forms — that is equal to 100% of their black lung benefit liabilities.

With the new rule, coal companies that merge or file for bankruptcy will not be able to buck their responsibility for paying out benefits. Roberts said coal companies often use the bankruptcy process to shift these expenses to taxpayers by transferring the responsibility to the federal Black Lung Disability Trust Fund. 

“That means taxpayers are now picking up the tab for coal companies that did not adequately protect their workers from dangerous levels of respirable coal dust,” Roberts said in his statement.

The trust fund exists to cover benefits for miners when no specific coal operator can be held responsible for their illness or when the operators fail to pay their share. Self-insured coal operators, however, are obligated to pay their own expenses. 

Between 2014 and 2016, bankruptcies at just three coal companies resulted in an estimated $865 million in benefit payments being transferred to the taxpayer-funded trust, according to a 2020 report from the U.S. Government Accountability Office. The new rule came partially in response to that report, Muckian-Bates said.

The finalized rule is especially timely as two of the country’s largest coal producers — Arch Resources and CONSOL Energy — are in the middle of a merger that, once complete, will create a new, $5 billion coal company based in Pennsylvania. 

Those companies combined, Muckian-Bates said, report at least $300 million in black lung liability that — without the rule — could potentially be passed on to the trust fund.

Nationwide, Muckian-Bates said, it’s known that black lung benefit liabilities at self-insured coal companies total at least $615 million, but Milliman — a risk analysis consulting group — estimates that amount could actually be much higher, totaling between $9 billion and $14 billion.

Despite the high liability, Roberts said that only $119 million in security has been posted by self-insured coal companies to cover the costs of benefits.

If bankruptcies or mergers occur — which is likely given the ongoing decline in the coal market — the difference between what is posted and what is owed would be passed on to the trust fund, threatening its solvency and the access of benefits for coal miners who rely on it, Muckian-Bates said.

“This is a powerful rule to ensure that as the coal market becomes a bit more unstable — knowing that large companies have used these bankruptcies to shed their liabilities — this ensures that they can’t do that now,” Muckian-Bates said. “They can’t transfer that [liability] to a trust fund that’s … been a target sometimes of certain administrations.”

The rule is scheduled to go into effect on Jan. 11. 

CHARLESTON, W.Va. — While it may be crowded, last minute shoppers West Virginia might run into some of the best deals of the holiday season this weekend.

President of the West Virginia Retailers Association Bridget Lambert says her team estimates half of the state’s residents still have shopping to do, and retailers will be ready to welcome them in with deals.

“We expect over half of consumers in West Virginia to be completing their shopping list,” Lambert said when talking about this coming weekend. “We know that retailers are ready and prepared with great seasonal promotions for the shoppers who venture out this “Super Saturday.”

Despite Black Friday proving to be the best time for savings for in-person retail shoppers, Lambert says that stores know last-minute shoppers need good deals before the clock strikes midnight.

“They have great deals, and retailers market to consumers,” Lambert said. “They know once the season is rolling down in December, they mark things down, so it’s really a customer’s paradise this time of year when you go into the stores.”

Over 150 million customers are expected to be out shopping on what’s now known as “Super Saturday,” the final Saturday before Christmas Day, which this year falls on a Wednesday. Lambert says big crowds and heavy traffic in stores will likely come for retailers in the Mountain State.

“It will be very busy,” Lambert said. “We expect a lot of foot traffic in the stores, and we expect a lot of deals and seasonal promotions to be available for customers who are out shopping.

The estimated 157 million shoppers pursuing deals on Saturday will be a significant up-tick from 2023’s Super Saturday that brought out around 142 million people and will be just behind 2022’s record-setting Super Saturday that saw 158.5 million flock to the stores.

While malls and shopping centers will be providing deals for those willing to brave the crowds, Lambert says shoppers should be on the lookout for good deals at smaller, local establishments.

“We know that small mom and pop stores have extended store hours this time of year, so your main street merchants in your local community are rolling out the red carpet, as well as the other retailers who are in your local area,” Lambert said.

West Virginia redshirt sophomore offensive lineman Sullivan Weidman is entering the transfer portal. He appeared in all 13 games this season for the Mountaineers, seeing action mostly on special teams and some snaps here and there as a depth piece at guard.

Considering both of West Virginia’s starting guards are graduating, it is a little surprising to see Weidman enter now versus potentially after spring ball and see where he stands on the depth chart under the new coaching staff.

Coming out of high school, Weidman selected the Mountaineers over offers from Arizona State, Boston College, Buffalo, Connecticut, Duke, Georgia Tech, Indiana, Louisville, Michigan, Michigan State, Nebraska, Pitt, Syracuse, Vanderbilt, Virginia, and many others.

He will have two years of eligibility remaining.

MORE STORIES FROM WEST VIRGINIA ON SI

West Virginia LB Trey Lathan Plans to Enter Transfer Portal, Per Report

Curt Cignetti Gives a Shoutout to Rich Rodriguez, West Virginia on Pat McAfee Show

Garrett Greene Reflects on His Career at West Virginia Following Frisco Bowl

Evaluating West Virginia’s Five Biggest Transfer Portal Needs