[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: 42CFR37.70]



[Page 131]

 

                         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.  37.70  Review of interpretations.



    (a) Any miner who believes the interpretation for pneumoconiosis 

reported to him or her by MSHA is in error may file a written request 

with ALOSH that his or her roentgenogram be reevaluated. If the 

interpretation was based on agreement between an ``A'' reader and a 

``B'' reader, ALOSH will obtain one or more additional interpretations 

by ``B'' readers as necessary to obtain agreement in accord with Sec.  

37.52(b), and MSHA shall report the results to the miner together with 

any rights which may accrue to the miner in accordance with Sec.  37.7. 

If the reported interpretation was based on agreement between two (or 

more) ``B'' readers, the reading will be accepted as conclusive and the 

miner shall be so informed by MSHA.

    (b) Any operator who is directed by MSHA to transfer a miner to a 

less dusty atmosphere based on the most recent examination made 

subsequent to August 1, 1978, may file a written request with ALOSH to 

review its findings. The standards set forth in paragraph (a) of this 

section apply and the operator and miner will be notified by MSHA 

whether the miner is entitled to the option to transfer.