[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: 30CFR90.102]

[Page 655]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 90--MANDATORY HEALTH STANDARDS--COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS--Table of Contents
 
           Subpart B--Dust Standards, Rights of Part 90 Miners
 
Sec. 90.102  Transfer; notice.

    (a) Whenever a Part 90 miner is transferred in order to meet the 
respirable dust standard in Sec. 90.100 (Respirable dust standard) or 
Sec. 90.101 (Respirable dust standard when quartz is present), the 
operator shall transfer the miner to an existing position at the same 
coal mine on the same shift or shift rotation on which the miner was 
employed immediately before the transfer. The operator may transfer a 
Part 90 miner to a different coal mine, a newly-created position or a 
position on a different shift or shift rotation if the miner agrees in 
writing to the transfer.
    (b) On or before the twentieth calendar day following receipt of 
notification from MSHA that a Part 90 miner is employed at the mine, the 
operator shall give the District Manager written notice of the 
occupation and, if applicable, the mechanized mining unit to which the 
Part 90 miner will be assigned on the twenty-first calendar day 
following receipt of the notification from MSHA.
    (c) After the twentieth calendar day following receipt of 
notification from MSHA that a Part 90 miner is employed at the mine, the 
operator shall give the District Manager written notice before any 
transfer of a Part 90 miner. This notice shall include the scheduled 
date of the transfer.