[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR37.6]



[Page 125]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 37_SPECIFICATIONS FOR MEDICAL EXAMINATIONS OF UNDERGROUND COAL 

MINERS--Table of Contents

 

               Subpart_Chest Roentgenographic Examinations

 

Sec. 37.6  Chest roentgenographic examinations conducted by the Secretary.



    (a) The Secretary will give chest roentgenograms or make 

arrangements with an appropriate person, agency, or institution to give 

the chest roentgenograms and with ``A'' or ``B'' readers to interpret 

the roentgenograms required under this subpart in the locality where the 

miner resides, at the mine, or at a medical facility easily accessible 

to a mining community or mining communities, under the following 

circumstances:

    (1) Where, in the judgment of the Secretary, due to the lack of 

adequate medical or other necessary facilities or personnel at the mine 

or in the locality where the miner resides, the required 

roentgenographic examination cannot be given.

    (2) Where the operator has not submitted an approvable plan.

    (3) Where, after commencement of an operator's program pursuant to 

an approved plan and after notice to the operator of his failure to 

follow the approved plan and, after allowing 15 calendar days to bring 

the program into compliance, the Secretary determines and notifies the 

operator in writing that the operator's program still fails to comply 

with the approved plan.

    (b) The operator of the mine shall reimburse the Secretary or other 

person, agency, or institution as the Secretary may direct, for the cost 

of conducting each examination made in accordance with this section.

    (c) All examinations given or arranged by the Secretary will comply 

with the time requirements of Sec. 37.3. Whenever the Secretary gives 

or arranges for the examinations of miners at a time, a written notice 

of the arrangements will be sent to the operator who shall post the 

notice on the mine bulletin board.

    (d) Operators of mines selected by ALOSH to participate in the 

National Study of Coal Workers' Pneumoconiosis (an epidemiological study 

of respiratory diseases in coal miners) and who agree to cooperate will 

have all their miners afforded the opportunity to have a chest 

roentgenogram required hereunder at no cost to the operator. For future 

examinations and for mandatory examinations each participating operator 

shall submit an approvable plan.