West Virginia
New labor rule will prevent coal operators from putting black lung liabilities on taxpayers’ backs • West Virginia Watch
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.
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West Virginia
What Kansas football coach Lance Leipold saw on targeting calls during win against WVU
The Topeka Capital-Journal’s Jordan Guskey talks Kansas football win
Check out what The Topeka Capital-Journal reporter Jordan Guskey had to say following Kansas football’s Big 12 Conference win against West Virginia.
LAWRENCE — Kansas football’s 41-10 victory against West Virginia this past weekend saw a pair of players ejected due to targeting calls, one on each side.
In the second quarter, WVU nickel/safety Fred Perry was disqualified because of a hit he made on KU quarterback Jalon Daniels. In the third quarter, Jayhawks safety Devin Dye was disqualified for a hit he made on a Mountaineers running back Cyncir Bowers. Holistically, Kansas football coach Lance Leipold acknowledged Saturday the calls were made in the interest of player safety.
But while Leipold thought Dye’s ejection was unfortunate, Perry’s led to a little longer of a conversation postgame. That’s because after the hit, some pushing and shoving ensued until players from both teams were separated. Kansas offensive lineman Kobe Baynes, who appeared to shove Perry right after the hit on Daniels, would eventually be called for a late hit.
Leipold, at one moment concerned the situation would get out of hand, was glad to see it get settled as quickly as it did. Although he understands a player’s desire to defend their teammate, he called for composure in all situations. He called it a tough situation for officials to handle.
Here are a few more takeaways from the Big 12 Conference matchup between the Jayhawks (3-1, 1-0 in Big 12) and Mountaineers (2-2, 0-1).
Why Trey Lathan was selected to be Kansas’ 4th captain for game
Kansas has three lead captains this season in Daniels, offensive lineman Bryce Foster and defensive end Justice Finkley, but each game there’s a fourth “rotational” captain who is honored as well. Against West Virginia, that individual was linebacker Trey Lathan. Lathan, who finished the game with three tackles, a sack, a tackle for loss and an interception, transferred to KU during the offseason from WVU.
Leipold acknowledged Lathan’s past stop in his college career with the Mountaineers did play a factor in the decision. However, Lathan’s also someone he felt has been playing well and become more confident. Lathan is also someone he felt had become a more vocal leader within the defense and is well respected.
Kansas’ offensive line doesn’t allow any sacks
West Virginia’s defense collected six sacks against Pittsburgh just the week before this matchup. But by game’s end against the Jayhawks, the Mountaineers didn’t have a single sack. So, it shouldn’t come as much of a surprise that Leipold was pleased with the protection Kansas’ offensive line gave Daniels and for how Daniels at times escaped pressure.
On film, Leipold had seen an impressive defense that was athletic up front. It could use multiple looks and was aggressive. But KU proved capable of stymying that aspect of WVU’s defense.
West Virginia’s tempo offensively doesn’t prove to be much of a factor
Leipold thinks Kansas’ defense can get better at playing against tempo, based on what he saw against West Virginia. However, considering how well the Jayhawks played and what he heard as the game unfolded, he thought they did well. Physical play and quality tackling helped force numerous punts and stops as KU took control of the game.
Jordan Guskey covers University of Kansas Athletics at The Topeka Capital-Journal. He was the 2022 National Sports Media Association’s sportswriter of the year for the state of Kansas. Contact him at jmguskey@gannett.com or on Twitter at @JordanGuskey.
Injuries are piling up for the West Virginia Mountaineers early in the season, particularly in the running back room. To everyone’s surprise, Tye Edwards was unable to play this past weekend against Kansas, and despite being a game-time decision for that game, his status for this week’s matchup versus Utah remains in question.
“Hopeful might be too much,” Rodriguez responded when asked about Edwards’ status. “I’m more… he’s probably still doubtful right now with his hip pointer. He’s trying to. It’s not where he’s wanting to sit out. He’s a kid that really wants to play.”
Rodriguez also noted that Cyncir Bowers is in the concussion protocol and is also questionable for Saturday’s game.
So, what in the heck do the Mountaineers manufacture a rushing attack against a Utah defense that allows just over 110 yards on the ground per game? It’s a great question, especially given the Mountaineers’ offensive line struggles.
As far as available backs, WVU will have Clay Ash, Diore Hubbard, Tyler Jacklich, and Andre Devine. Those four have combined to rush for 127 yards on 38 carries, averaging 3.3 yards per tote. Ferris State transfer Kannon Katzer is still working his way back from injury, but his status as of this morning is unknown. If it is just those four aforementioned backs, WVU may have to get creative with Rodney Gallagher III and maybe go as far as starting Jaylen Henderson at quarterback to make Utah respect the threat of him pulling it and keeping it.
On today’s episode of Between The Eers, I discuss this huge problem the Mountaineers may have in the run game.
If you haven’t yet, please go over to our YouTube page, West Virginia On SI (@SI_WVU), and subscribe. You’ll get a notification the second a new episode of Between The Eers, The Walk Thru GameDay Show, or Mountaineer Postgame drops.
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West Virginia sent Pitt home with an overtime loss and will have bragging rights in the Backyard Brawl for the next four years. Following the game, Pitt head coach Pat Narduzzi met with reporters, discussing several different topics such as quarterback play, the lack of a run game, officiating, WVU’s offense, and more.
The one thing that stood out most, though, was his take on the officiating.
“Whew. You guys watched the game, I don’t know. There was some stuff out there, but we’ll look at the videotape. Not happy with that at all. 14 penalties, a little lopsided there. Eli got punched, got his helmet ripped off, punched in the face; no call there. We had somebody get spit in the face, too, but things didn’t go our way.”
To be honest, I truly don’t understand how Narduzzi can be upset with the officiating. Many of those 14 penalties were clear and preventable penalties, whether it was a false start, a hold, defensive pass interference, or offside. There were only maybe two that were 50/50.
But let’s not forget how Pitt caught a break at the end of the first half. Nicco Marchiol ran the ball up the middle for a first down, slid, and was hit late. The flag was dropped, but the officials said that because there was no time left on the clock, the half was over. I’ll need a better description from a rules analyst to explain this one because I don’t understand how the half can just end on that. I assumed there would either be one untimed down or Pitt would have to be penalized on the kickoff to start the second half. Neither happened.
What about the MarShon Oxley sack in the third quarter that was flagged for unsportsmanlike conduct when all he did was stand up and walk away? That not only bailed Pitt out, but they would score a touchdown on that drive just a few plays later.
How about the first half when linebacker Ashton Woods was ejected for targeting on what appeared (by every angle shown) to be a clean shot?
There were also multiple times where Pitt defenders arrived way too early on a pass and should have been flagged for defensive pass interference. Instead, the flag remained tucked into the official’s waist pocket.
The penalties West Virginia had were way more costly and timely than those Pitt was guilty of.
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