30 U.S.C. § 843

Medical examinations

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(a) Chest roentgenogram; availability; periodic intervals; other tests; transmittal of results; advice of rights

The operator of a coal mine shall cooperate with the Secretary of Health and Human Services in making available to each miner working in a coal mine the opportunity to have a chest roentgenogram within eighteen months after December 30, 1969, a second chest roentgenogram within three years thereafter, and subsequent chest roentgenograms at such intervals thereafter of not to exceed five years as the Secretary of Health and Human Services prescribes. Each worker who begins work in a coal mine for the first time shall be given, as soon as possible after commencement of his employment, and again three years later if he is still engaged in coal mining, a chest roentgenogram; and in the event the second such chest roentgenogram shows evidence of the development of pneumoconiosis the worker shall be given, two years later if he is still engaged in coal mining, an additional chest roentgenogram. All chest roentgenograms shall be given in accordance with specifications prescribed by the Secretary of Health and Human Services and shall be supplemented by such other tests as the Secretary of Health and Human Services deems necessary. The films shall be read and classified in a manner to be prescribed by the Secretary of Health and Human Services, and the results of each reading on each such person and of such tests shall be submitted to the Secretary and to the Secretary of Health and Human Services, and, at the request of the miner, to his physician. The Secretary shall also submit such results to such miner and advise him of his rights under this chapter related thereto. Such specifications, readings, classifications, and tests shall, to the greatest degree possible, be uniform for all coal mines and miners in such mines.

(b) Evidence of pneumoconiosis; option to transfer; wages(1) On and after the operative date of this subchapter, any miner who, in the judgment of the Secretary of Health and Human Services based upon such reading or other medical examinations, shows evidence of the development of pneumoconiosis shall be afforded the option of transferring from his position to another position in any area of the mine, for such period or periods as may be necessary to prevent further development of such disease, where the concentration of respirable dust in the mine atmosphere is not more than 2.0 milligrams of dust per cubic meter of air.(2) Effective three years after December 30, 1969, any miner who, in the judgment of the Secretary of Health and Human Services based upon such reading or other medical examinations, shows evidence of the development of pneumoconiosis shall be afforded the option of transferring from his position to another position in any area of the mine, for such period or periods as may be necessary to prevent further development of such disease, where the concentration of respirable dust in the mine atmosphere is not more than 1.0 millograms 11 So in original. Probably should be “milligrams”. of dust per cubic meter of air, or if such level is not attainable in such mine, to a position in such mine where the concentration of respirable dust is the lowest attainable below 2.0 milligrams per cubic meter of air.(3) Any miner so transferred shall receive compensation for such work at not less than the regular rate of pay received by him immediately prior to his transfer.(c) Costs of examinations and tests

No payment may be required of any miner in connection with any examination or test given him pursuant to this subchapter. Where such examinations or tests cannot be given, due to the lack of adequate medical or other necessary facilities or personnel, in the locality where the miner resides, arrangements shall be made to have them conducted, in accordance with the provisions of this subchapter, in such locality by the Secretary of Health and Human Services, or by an appropriate person, agency, or institution, public or private, under an agreement or arrangement between the Secretary of Health and Human Services and such person, agency, or institution. The operator of the mine shall reimburse the Secretary of Health and Human Services, or such person, agency, or institution, as the case may be, for the cost of conducting each examination or test made, in accordance with this subchapter, and shall pay whatever other costs are necessary to enable the miner to take such examinations or tests.

(d) Autopsies

If the death of any active miner occurs in any coal mine, or if the death of any active or inactive miner occurs in any other place, the Secretary of Health and Human Services is authorized to provide for an autopsy to be performed on such miner, with the consent of his surviving widow or, if he has no such widow, then with the consent of his surviving next of kin. The results of such autopsy shall be submitted to the Secretary of Health and Human Services and, with the consent of such survivor, to the miner’s physician or other interested person. Such autopsy shall be paid for by the Secretary of Health and Human Services.

(Pub. L. 91–173, title II, § 203, Dec. 30, 1969, 83 Stat. 763; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

For operative date of this subchapter, referred to in subsec. (b)(1), see section 509 of Pub. L. 91–173, set out as an Effective Date note under section 801 of this title.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Effective Date

Section operative six months after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.

Notes of Decisions

Cited in 11 cases, 1978–2014 · leading case: United Steelworkers of America v. Marshall

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United Steelworkers of America v. Marshall (1980) cadc · cites it 2× “30 U.S.C. § 843 (b)(2)—(3) (1976). Thus, argues LIA, in 1970 Congress was well aware of the concept of medical removal protection, and so its failure either to require MRP in the OSH Act or at least to expressly delegate to OSHA the power to create it proves that Congress…”

Howard Mullins and United Mine Workers of America v. Cecil D. Andrus, Secretary of the Interior, Consolidation Coal Co., (1980) cadc · cites it 6× “The 1969 provisions pivotal to our substantive decision today — § 203(b)(2)-(3), 30 U.S.C. § 843 (b)(2)-(3) (1976) — were left unchanged, and the 1977 supersession of the only 1969 procedural provisions of real importance here — §§ 105(a)-(c), 30 U.”

Jesse Higgins v. Ray Marshall, Sec. Of Labor (1978) cadc · cites it 3× “” 30 U.S.C. § 843 (b)(3) (emphasis added). What the “regular rate of pay” means is the question we must decide.”

Matala v. Consolidation Coal Co. (1981) ca4 · cites it 3× “” 30 U.S.C. § 843 (b)(3). After his transfer, Matala was classified as a general inside laborer, a classification having a lower daily base rate than that of his old classification as a continuous mine operator.”

Ollie M. Taft v. Alabama By-Products Corporation, Director, Office of Workers' Compensation Programs, United States Depa (1984) ca11 “On the other hand, ABC argues that 30 U.S.C. § 843 (b) gives a miner with incipient pneumoconiosis the right to transfer to a job in a relatively dust free environment, and thus proof by the company that the miner is not actually disabled from performing his usual job is…”

Carl M. Hill v. Joseph A. Califano, Jr., Secretary of Health Education and Welfare (1979) ca6 “We do not feel that the rereading of X-rays by “A” and “B” readers per se violates due process, because we do not believe that the Secretary has exceeded the authority to process and classify hundreds of thousands of coal miners’ X-rays granted in Section 203 of the Federal Coal…”

National Mining Ass'n v. Secretary of Labor (2014) ca6 “§ 842 (b); what type of medical exam must be available to miners, 30 U.S.C. § 843 (a); how to ground high-voltage circuits, 30 U.”

Ann McLaughlin Secretary of Labor, and United Steelworkers of America, Afl-Cio-Clc, Petitioner-Intervenor v. Asarco, Inc (1988) ca9 “” 30 U.S.C. § 843 (b)(3). This *1009 provision was interpreted to mean that a removed worker may be paid only at the hourly wage he or she was receiving prior to transfer, rather than the amount, including overtime and subsequent pay increases, that he or she would have earned…”

United Steelworkers of America v. Schuylkill Metals Corp. (1987) ca5 “” 30 U.S.C. § 843 (b)(3) (emphasis added). The FMHSA MRP was also the subject of litigation, in which the D.”

Matala v. Marshall (1980) wvnd · cites it 4× “Matala made this transfer by exercising a statutory right in accordance with 30 U.S.C. § 843 (b) after being notified that a roentgenogram of his chest showed evidence of the development of pneumoconiosis.”

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW v. Pendergrass (1989) cadc “30 U.S.C. § 843 (b) (2) & (3) (1982). Thus they are not a precedent for providing MRP for a permanent disability under the OSH Act.”

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