[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: 30CFR90.3]

[Page 653-654]
 
                       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 A--General
 
Sec. 90.3  Part 90 option; notice of eligibility; exercise of option.

    (a) Any miner employed at an underground coal mine or at a surface 
work area of an underground coal mine who, in the judgment of the 
Secretary of Health and Human Services, has evidence of the development 
of pneumoconiosis based on a chest X-ray, read

[[Page 654]]

and classified in the manner prescribed by the Secretary of Health and 
Human Services, or based on other medical examinations shall be afforded 
the option to work in an area of a mine where the average concentration 
of respirable dust in the mine atmosphere during each shift to which 
that miner is exposed is continuously maintained at or below 1.0 
milligrams per cubic meter of air. Each of these miners shall be 
notified in writing of eligibility to exercise the option.
    (b) Any miner who is a section 203(b) miner on January 31, 1981, 
shall be a Part 90 miner on February 1, 1981, entitled to full rights 
under this part to retention of pay rate, future actual wage increases, 
and future work assignment, shift and respirable dust protection.
    (c) Any Part 90 miner who is transferred to a position at the same 
or another coal mine shall remain a Part 90 miner entitled to full 
rights under this part at the new work assignment.
    (d) The option to work in a low dust area of the mine may be 
exercised for the first time by any miner employed at an underground 
coal mine or at a surface work area of an underground coal mine who was 
eligible for the option under the old section 203(b) program (36 FR 
20601, October 27, 1971), or is eligible for the option under this part 
by signing and dating the Exercise of Option Form and mailing the form 
to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, 
1100 Wilson Blvd., Room 2416, Arlington, Virginia 22209-3939.
    (e) The option to work in a low dust area of the mine may be re-
exercised by any miner employed at an underground coal mine or at a 
surface work area of an underground coal mine who exercised the option 
under the old section 203(b) program (36 FR 20601, October 27, 1971), or 
exercised the option under this part by sending a written request to the 
Chief, Division of Health, Coal Mine Safety and Health, MSHA, 1100 
Wilson Blvd., Room 2416, Arlington, Virginia 22209-3939. The request 
should include the name and address of the mine and operator where the 
miner is employed.
    (f) No operator shall require from a miner a copy of the medical 
information received from the Secretary or Secretary of Health and Human 
Services.

[45 FR 80769, Dec. 5, 1980; 46 FR 5885, Jan. 21, 1981, as amended at 67 
FR 38386, June 4, 2002]