Black Lung Benefits Act: Authorization of Self-Insurers
Key claim: The Department of Labor proposes revised rules on how coal mine operators apply for and qualify to self-insure under the Black Lung Benefits Act, including the amount and types of security required.
Abstract
(Proposed Rule · Labor Department, Workers’ Compensation Programs Office) The Department is proposing revisions to regulations under the Black Lung Benefits Act (BLBA or the Act) governing authorization of self-insurers. These rules will determine the process for coal mine operators to apply for authorization to self-insure, the requirements operators must meet to qualify to self-insure, the amount of security self-insured operators must provide, and the types of security accepted for operators to self-insure.
Why this matters
Self-insurance authorization determines whether coal mine operators can directly bear black lung benefit liabilities rather than purchasing commercial coverage, and the security requirements shape whether disabled miners and survivors will actually be paid if an operator becomes insolvent. Tightening or restructuring these rules shifts financial risk between operators, the Black Lung Disability Trust Fund, and workers, making the proposal a significant workers’ compensation solvency issue for the coal sector.