§843 Medical Examinations

Summary

Coal mine operators must make chest X-rays and any other needed tests available to every miner on a set schedule. The first chest X-ray had to be offered within 18 months after December 30, 1969, a second one within three years after that, and later X-rays at intervals no longer than five years as HHS decides. New miners must get an X-ray soon after they start and again three years later if they are still working in mining; if that second X-ray shows signs of pneumoconiosis, they must get another X-ray two years later if still working. All X-rays and other tests must follow HHS rules, the films are read the way HHS requires, and the results must be sent to the government officials named in the law and, if the miner asks, to his doctor. HHS will also give the miner his results and explain his rights. The rules and tests should be as uniform as possible across mines. If a miner shows evidence of pneumoconiosis, he must be offered the choice to move to a job area where the respirable dust level is at or below 2.0 milligrams per cubic meter of air. Starting three years after December 30, 1969, that option is to move to an area at or below 1.0 milligram per cubic meter, or if that is not possible, to the lowest dust area under 2.0 milligrams. A transferred miner must be paid at least his regular rate from before the move. Miners pay nothing for these exams or tests; if local facilities are missing, HHS will arrange them and the mine operator must reimburse HHS or the provider and cover other costs needed so the miner can take the tests. HHS may arrange an autopsy on a deceased miner with consent from the widow or next of kin; those results go to HHS and, with the survivor’s permission, to the miner’s doctor, and HHS pays for the autopsy.