[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR62.173]

[Page 416-417]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 62--OCCUPATIONAL NOISE EXPOSURE--Table of Contents
 
Sec. 62.173  Follow-up evaluation when an audiogram is invalid.

    (a) If a valid audiogram cannot be obtained due to a suspected 
medical pathology of the ear that the physician or audiologist believes 
was caused or aggravated by the miner's occupational exposure to noise 
or the wearing of hearing protectors, the mine operator must refer the 
miner for a clinical-audiological evaluation or an

[[Page 417]]

otological examination, as appropriate, at no cost to the miner.
    (b) If a valid audiogram cannot be obtained due to a suspected 
medical pathology of the ear that the physician or audiologist concludes 
is unrelated to the miner's occupational exposure to noise or the 
wearing of hearing protectors, the mine operator must instruct the 
physician or audiologist to inform the miner of the need for an 
otological examination.
    (c) The mine operator must instruct the physician, audiologist, or 
qualified technician not to reveal to the mine operator, without the 
written consent of the miner, any specific findings or diagnoses 
unrelated to the miner's occupational exposure to noise or the wearing 
of hearing protectors.