§ 843. — Medical examinations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC843]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER II--INTERIM MANDATORY HEALTH STANDARDS
Sec. 843. Medical examinations
(a) Chest roentgenogram; availability; periodic intervals; other tests;
transmittal of results; advice of rights
The operator of a coal mine shall cooperate with the Secretary of
Health and Human Services in making available to each miner working in a
coal mine the opportunity to have a chest roentgenogram within eighteen
months after December 30, 1969, a second chest roentgenogram within
three years thereafter, and subsequent chest roentgenograms at such
intervals thereafter of not to exceed five years as the Secretary of
Health and Human Services prescribes. Each worker who begins work in a
coal mine for the first time shall be given, as soon as possible after
commencement of his employment, and again three years later if he is
still engaged in coal mining, a chest roentgenogram; and in the event
the second such chest roentgenogram shows evidence of the development of
pneumoconiosis the worker shall be given, two years later if he is still
engaged in coal mining, an additional chest roentgenogram. All chest
roentgenograms shall be given in accordance with specifications
prescribed by the Secretary of Health and Human Services and shall be
supplemented by such other tests as the Secretary of Health and Human
Services deems necessary. The films shall be read and classified in a
manner to be prescribed by the Secretary of Health and Human Services,
and the results of each reading on each such person and of such tests
shall be submitted to the Secretary and to the Secretary of Health and
Human Services, and, at the request of the miner, to his physician. The
Secretary shall also submit such results to such miner and advise him of
his rights under this chapter related thereto. Such specifications,
readings, classifications, and tests shall, to the greatest degree
possible, be uniform for all coal mines and miners in such mines.
(b) Evidence of pneumoconiosis; option to transfer; wages
(1) On and after the operative date of this subchapter, any miner
who, in the judgment of the Secretary of Health and Human Services based
upon such reading or other medical examinations, shows evidence of the
development of pneumoconiosis shall be afforded the option of
transferring from his position to another position in any area of the
mine, for such period or periods as may be necessary to prevent further
development of such disease, where the concentration of respirable dust
in the mine atmosphere is not more than 2.0 milligrams of dust per cubic
meter of air.
(2) Effective three years after December 30, 1969, any miner who, in
the judgment of the Secretary of Health and Human Services based upon
such reading or other medical examinations, shows evidence of the
development of pneumoconiosis shall be afforded the option of
transferring from his position to another position in any area of the
mine, for such period or periods as may be necessary to prevent further
development of such disease, where the concentration of respirable dust
in the mine atmosphere is not more than 1.0 millograms \1\ of dust per
cubic meter of air, or if such level is not attainable in such mine, to
a position in such mine where the concentration of respirable dust is
the lowest attainable below 2.0 milligrams per cubic meter of air.
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\1\ So in original. Probably should be ``milligrams''.
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(3) Any miner so transferred shall receive compensation for such
work at not less than the regular rate of pay received by him
immediately prior to his transfer.
(c) Costs of examinations and tests
No payment may be required of any miner in connection with any
examination or test given him pursuant to this subchapter. Where such
examinations or tests cannot be given, due to the lack of adequate
medical or other necessary facilities or personnel, in the locality
where the miner resides, arrangements shall be made to have them
conducted, in accordance with the provisions of this subchapter, in such
locality by the Secretary of Health and Human Services, or by an
appropriate person, agency, or institution, public or private, under an
agreement or arrangement between the Secretary of Health and Human
Services and such person, agency, or institution. The operator of the
mine shall reimburse the Secretary of Health and Human Services, or such
person, agency, or institution, as the case may be, for the cost of
conducting each examination or test made, in accordance with this
subchapter, and shall pay whatever other costs are necessary to enable
the miner to take such examinations or tests.
(d) Autopsies
If the death of any active miner occurs in any coal mine, or if the
death of any active or inactive miner occurs in any other place, the
Secretary of Health and Human Services is authorized to provide for an
autopsy to be performed on such miner, with the consent of his surviving
widow or, if he has no such widow, then with the consent of his
surviving next of kin. The results of such autopsy shall be submitted to
the Secretary of Health and Human Services and, with the consent of such
survivor, to the miner's physician or other interested person. Such
autopsy shall be paid for by the Secretary of Health and Human Services.
(Pub. L. 91-173, title II, Sec. 203, Dec. 30, 1969, 83 Stat. 763; Pub.
L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
For operative date of this subchapter, referred to in subsec.
(b)(1), see section 509 of Pub. L. 91-173, set out as an Effective Date
note under section 801 of this title.
Change of Name
``Secretary of Health and Human Services'' substituted in text for
``Secretary of Health, Education, and Welfare'' pursuant to section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title
20, Education.
Section Referred to in Other Sections
This section is referred to in section 841 of this title.
