[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 42CFR37.2]



[Page 121-122]

 

                         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.  37.2  Definitions.



    Any term defined in the Federal Mine Safety and Health Act of 1977 

and not defined below shall have the meaning given it in the act. As 

used in this subpart:

    (a) Act means the Federal Mine Safety and Health Act of 1977 (30 

U.S.C. 801, et seq.).

    (b) ALOSH means the Appalachian Laboratory for Occupational Safety 

and Health, Box 4258, Morgantown, WV 26505. Although the Division of 

Respiratory Disease Studies, National Institute for Occupational Safety 

and Health, has programmatic responsibility for the chest 

roentgenographic examination program, the Institute's facility in 

Morgantown--ALOSH--is used throughout this subpart in referring to the 

administration of the program.

    (c) Chest roentgenogram means a single posteroanterior 

roentgenographic projection or radiograph of the chest at full 

inspiration recorded on roentgenographic film.

    (d) Convenient time and place with respect to the conduct of any 

examination under this subpart means that the examination must be given 

at a reasonable hour in the locality in which the miner resides or a 

location that is equally accessible to the miner. For example, 

examinations at the mine during, immediately preceding, or immediately 

following work and a ``no appointment'' examination at a medical 

facility in a community easily accessible to the residences of a 

majority of the miners working at the mine, shall be considered of 

equivalent convenience for purposes of this paragraph.

    (e) Institute and NIOSH mean the National Institute for Occupational 

Safety and Health Center for Disease Control, Public Health Service, 

Department of Health and Human Services.

    (f) ILO-U/C Classification means the classification of radiographs 

of the pneumoconioses devised in 1971 by an international committee of 

the International Labor Office and described in ``Medical Radiography 

and Photography,'' volume 48, No. 3, December 1972. ``ILO 

Classification'' means the classification of radiographs of the 

pneumoconioses revised in 1980 by an international committee of the 

International Labor Office and described in ``Medical Radiography and 

Photography'' volume 57, No. 1, 1981, and in ILO publication 22 (revised 

1980) from the ILO Occupational Safety and Health Series.

    (g) Miner means any individual including any coal mine construction 

worker who is working in or at any underground coal mine, but does not 

include any surface worker who does not have direct contact with 

underground coal mining or with coal processing operations.

    (h) Operator means any owner, lessee, or other person who operates, 

controls, or supervises an underground coal mine or any independent 

contractor performing services or construction at such mine.

    (i) Panel of `B' Readers means the U.S. Public Health Service 

Consultant Panel of ``B'' Readers, c/o ALOSH, P.O. Box 4258, Morgantown, 

WV 26505.



[[Page 122]]



    (j) Preemployment physical examination means any medical examination 

which includes a chest roentgenographic examination given in accordance 

with the specifications of this subpart to a person not previously 

employed by the same operator or at the same mine for which that person 

is being considered for employment.

    (k) Secretary means the Secretary of Health and Human Services and 

any other officer or employee of the Department of Health and Human 

Services to whom the authority involved may be delegated.

    (l) MSHA means the Mine Safety and Health Administration, Department 

of Labor.



[43 FR 33715, Aug. 1, 1978, as amended at 49 FR 7563, Mar. 1, 1984]