J. Davitt McAteer is an American lawyer, author, and activist from

Fairmont, West Virginia Fairmont is a city in Marion County, West Virginia, United States, and its county seat. The population was 18,313 at the 2020 United States census, 2020 census, making it the List of municipalities in West Virginia, eighth-most populous city in ...

. 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 small 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 sa ...

from 1993 to 2000 under President

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...

. 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. 29 out of 31 at the site were killed. The coal dust explosion ...

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 p ...

'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 in 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'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 a liberal organization, based in Washington, D.C., that engages in anti-poverty advocacy. Overview The National Women's Law Center was established in 1972 as a project of CLASP. Alan ...

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

where he played a major role in developing two mining laws: an expanded mine health and safety law as well as a federal law to control strip mining. 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 was 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 1,531 at the time of the 2020 census. The town wa ...

and dealt 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 an Assistant Secretary in the Department of Labor, heading 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 ...

of 1977. Moreover, he focused on changing MSHA regulations regarding coal dust with the goal of eliminating black lung disease. Specifically, he implemented the review and improvement of 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 A ministry of labour (''British English, UK''), or labor (''American English, US''), also known as a department of labour, or labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workfor ...

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 Catholic university in Wheeling, West Virginia, United States. It was founded as "Wheeling College" in 1954 by the Society of Jesus (also known as the Jesuits) and was a ...

, the university he graduated from in 1966. Mcateer was responsible for overseeing programs that receive federal funding. During his tenure as 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; his report to the Governor of West Virginia concluded the explosion 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 has sold more than 25,000 copies. McAteer has also directed and produced a documentary, ''Monongah 1907'', and has written an in-depth historical examination and account of 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. 29 out of 31 at the site were killed. The coal dust explosion ...

, which occurred in 2010. McAteer has been a visiting lecturer at his alma mater

West Virginia University West Virginia University (WVU) is a public university, public Land-grant university, land-grant research university with its main campus in Morgantown, West Virginia, United States. Its other campuses are those of the West Virginia University Ins ...

School of Law.

Publications

* ''Monongah: the Tragic Story of the 1907 Monongah Mine Disaster, 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

External links

West Virginia & Regional History Center The West Virginia & Regional History Center (WVRHC), is the largest archival collection housing documents and manuscripts involving West Virginia and the surrounding central Appalachian region. Because of name changes over the years, it is someti ...

J. Davitt McAteer papers
{{DEFAULTSORT:McAteer, David West Virginia lawyers Mine safety Trade unionists from West Virginia Writers from West Virginia Lawyers from Fairmont, West Virginia Living people Year of birth missing (living people) Activists from West Virginia