J. Davitt McAteer is an American lawyer, author, and activist from
Fairmont, West Virginia. McAteer was appointed to the position of assistant secretary for the
Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) () is a large agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) to enforce compliance with mandatory safe ...
from 1993 to 2000 under President
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
. Throughout his career, McAteer has been an advocate for safe working conditions for miners, particularly in the coal industry. After the
Upper Big Branch Mine disaster
The Upper Big Branch Mine disaster occurred on April 5, 2010 roughly underground in Raleigh County, West Virginia at Massey Energy's Upper Big Branch coal mine located in Montcoal. Twenty-nine out of thirty-one miners at the site were killed ...
of 2010, where an explosion caused by negligence led to the death of 29 miners, McAteer Served on Governor
Earl Ray Tomblin
Earl Ray Tomblin (born March 15, 1952) is an American politician who served as the 35th governor of West Virginia from 2011 to 2017. A member of the Democratic Party, he previously served in the West Virginia Senate from 1980 to 2011 and as pre ...
's independent investigation panel to determine the cause of the explosion. McAteer is the author of "Monongah: The Tragic Story of the 1907 Monongah Mine Disaster".
Career and research contributions
1966 - 1970
While in law school McAteer conducted a study on the safety of West Virginia mines after the
Farmington Mine disaster
The Farmington Mine disaster was an explosion that happened at approximately 5:30 a.m. on November 20, 1968, at the Consol No. 9 coal mine north of Farmington and Mannington, West Virginia, United States.
The explosion was large enough to be ...
on November 1968. The findings of his study led to the first
Mine Health and Safety Act in 1969. This Act led to the creation of
MSHA and also provided compensation to miners completely disabled by black lung disease. The findings of the study were also published under the name "Coal Mine Health and Safety: The Case of West Virginia"
1972 - 1983
In 1972 McAteer greatly improved the
United Mine Workers Association
The United Mine Workers of America (UMW or UMWA) is a North American labor union best known for representing coal miners. Today, the Union also represents health care workers, truck drivers, manufacturing workers and public employees in the Unite ...
's health and safety programs by improving the training of safety investigators. In 1976 McAteer joined the
Center for Law and Social Policy
The Center for Law and Social Policy (CLASP) is an American organization, based in Washington, D.C., that advocates for policies aimed at improving the lives of low-income people.
History
The Center for Law and Social Policy was founded ...
in
Washington, D.C.
)
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, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
where he played a major role in developing two mining laws, an expanded mine health and safety law and also a federal strip mining control law. He was a part of the Center for Law and Social Policy until 1983.
[J. Davitt McAteer (‘70 J]
https://www.alumni.wvu.edu/give-back/academy-of-distinguished-alumni/j-davitt-mcateer Retrieved 2018-04-04
1984 - 1993
After leaving the Center for Law and Social Policy McAteer went on to create the Occupational Safety and Health Law Center. The Occupational and Health Law Center is a law firm located in
Shepherdstown, West Virginia
Shepherdstown is a town in Jefferson County, West Virginia, United States, located in the lower Shenandoah Valley along the Potomac River. Home to Shepherd University, the town's population was 1,734 at the time of the 2010 census.
History 18 ...
and deals with training and analysis of workplace health and safety issues.
1994 - 2000
McAteer served as the head of the Occupational Safety and Health Law Center until 1993 when he was appointed as the assistant secretary for the Mine Health and Safety Administration (MSHA).
During his term as the assistant secretary McAteer played a major role in the administration of the
Federal Mine Safety and Health Act
The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969. It can be found in the United States Code under Title 30, Mineral Lands and Mining, Chapter 22, Mine Safety and Health.
The S ...
of 1977. When he was assistant secretary he mainly focused on changing MSHA regulations on coal dust to eliminate black lung disease. One of the ways he did this was revoking a system where exposure to coal mine dust was calculated using the average of multiple samples.
He also was the Solicitor for the
Department of Labor
The Ministry of Labour ('' UK''), or Labor ('' US''), also known as the Department of Labour, or Labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workforce participation, training, a ...
in 1996 and 1997.
2001 - present
In 2001 McAteer joined the Benefits Review Board of the U.S Department of Labor. The Benefits Review Board makes decisions in appeals of the administrative law judges under the
Black Lung Benefits Act and the
Longshore and Harbor Workers Compensation Act.
In 2005 McAteer was named the Vice President for Special Programs at
Wheeling Jesuit University
Wheeling University (WU, formerly Wheeling Jesuit University) is a private Roman Catholic university in Wheeling, West Virginia. It was founded as Wheeling College in 1954 by the Society of Jesus (also known as the Jesuits) and was a Jesuit inst ...
, the University he graduated from in 1966. Mcateer was responsible for overseeing programs that receive federal funding. During the time he was Vice President McAteer also led the investigation into the Upper Big Branch, Sago and Aracoma/Alma No. 1 mine disasters.
The Upper Big Branch explosion was responsible for killing 29 coal mine workers and his report concludes it was caused by the neglect of safety regulations.
Legacy
McAteer's publications include “Miner’s Manual: A Complete Guide to Health and Safety Protection on the Job”, which have sold more than 25,000 copies.
McAteer has also directed and produced a video named “Monongah 1907”, and also wrote a book about the same mining disaster. He is known for leading the investigation of the
Upper Big Branch Mine Disaster
The Upper Big Branch Mine disaster occurred on April 5, 2010 roughly underground in Raleigh County, West Virginia at Massey Energy's Upper Big Branch coal mine located in Montcoal. Twenty-nine out of thirty-one miners at the site were killed ...
, which occurred in 2010.
McAteer has been a visiting lecturer at his alma mater
West Virginia University
West Virginia University (WVU) is a public land-grant research university with its main campus in Morgantown, West Virginia. Its other campuses are those of the West Virginia University Institute of Technology in Beckley, Potomac State Coll ...
School of Law.
Publications
* ''Monongah the Tragic Story of the Worst Industrial Accident in US History''. West Virginia University Press, 2007.
* ''Coal Mine Health and Safety; the Case of West Virginia''. Praeger, 1973.
* ''Textile Health and Safety Manual: a Complete Guide to Health and Safety Protection on the Job''. Occupational Safety and Health Law Center, 1986.
* ''How to Use Your Right to Know Chemical Hazards: a Guide to the New Hazard Communication Standards''. Occupational Safety and Health Law Center, 1986.
References
{{DEFAULTSORT:McAteer, David
West Virginia lawyers
Mine safety
Trade unionists from West Virginia
People from Fairmont, West Virginia
Living people
Year of birth missing (living people)
Activists from West Virginia