[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Proposed Rules]
[Pages 60673-60674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29635]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 50


Draft Program Policy Letter on Reporting Occupational Illness

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for comments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) voluntarily 
requests comments on a draft Program Policy Letter (PPL) that restates 
the reporting requirements of 30 CFR part 50 as they apply to 
occupational illnesses among miners, including retired or inactive 
miners. MSHA is publishing this notice to afford an opportunity for 
interested persons to comment on the draft PPL before it is issued.

DATES: Submit comments on or before January 12, 1998.

ADDRESSES: Send written comments to George M. Fesak, Program Evaluation 
and Information Resources, Mine Safety and Health Administration, 4015 
Wilson Boulevard, Room 715, Arlington, Virginia 22203. Commenters are 
encouraged to submit comments on a computer disk or via e-mail to 
[email protected], along with an original hard copy.

FOR FURTHER INFORMATION CONTACT: George Fesak or Jay Mattos, 703-235-
8378.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    The information collection requirements associated with this policy 
are approved by the Office of Management and Budget (OMB) under OMB 
control number 1219-0007.

II. Background

    MSHA updates its policies for enforcement of safety and health 
regulations through Program Policy Letters (PPL's). These PPL's are 
Agency interpretations of what existing MSHA regulations require; they 
are not new regulations. Therefore, PPL's do not impose new 
requirements, but explain or clarify how regulations work or apply in a 
particular situation. These PPL's are used by MSHA inspectors, miners, 
mine operators, and mining equipment manufacturers as guidance in 
determining how best to comply with MSHA regulations. Once adopted, the 
policy statements are published in the MSHA Program Policy Manual and 
given wide distribution.
    To increase public participation in selected draft PPL's, MSHA is 
voluntarily requesting comments and suggestions from the public, 
especially from people who would be directly affected by the selected 
PPL's. By this notice, MSHA is affording an opportunity for public 
comment on a draft PPL that restates the reporting requirements for 
occupational illnesses. The text of the draft PPL follows this 
supplemental information. MSHA will consider all timely submitted 
comments before finalizing the PPL.

III. Discussion of Draft Policy

    The mining industry has made significant improvements over the last 
few decades in protecting the health and safety of the men and women 
who work in the nation's mines. Significant progress has been made in 
reducing the number of fatal mining accidents and cases of occupational 
illness, but some miners continue to suffer from work-related illnesses 
such as black lung disease, occupational asthma, silicosis, asbestos-
related diseases, and musculoskeletal disorders, conditions which can 
disable miners and sometimes lead to premature death.
    In order for the mining community to accurately assess the risks to 
miners' health, accurate information on mining-related illnesses and 
deaths is essential. The primary way for MSHA to receive data on 
occupational illnesses is through the reporting requirements of 30 CFR 
part 50. Reports under part 50 provide MSHA with comprehensive 
information about the nature and extent of work-related illnesses in 
the mining industry. Part 50 occupational illness reports alert MSHA to 
potential health hazards and expedite corrective action to reduce or 
eliminate hazards. They also allow MSHA to verify that current health 
hazard controls are effective, to tailor its health-related education 
and training efforts, and to provide effective technical assistance to 
miners and operators.
    Some work-related illnesses, such as cyanide poisoning, are acute 
illnesses. Other occupational illnesses may take years to detect or 
develop and may not be recognized until after a miner leaves 
employment. As a result, a miner may be retired or otherwise off-work 
or deceased before an occupational illness is diagnosed or an award of 
compensation is made. Reporting the occupational illnesses of retired 
and former miners, along with active miners, is essential for providing 
a true picture of health conditions and practices in the mining 
industry, as well as for evaluating the effectiveness of controls in 
preventing work-related disease.
    Section 50.20(a) requires mine operators, including independent 
contractors, to submit a report to MSHA when they are notified or 
otherwise learn that a miner has an illness which may have resulted 
from work in a mine, or for which an award of compensation has been 
made. Within 10 working days of becoming aware of such a diagnosis or 
award of compensation, the operator is required to report the 
occurrence by completing and mailing a Form 7000-1 to MSHA. An intent 
to contest the award or diagnosis does not relieve the mine operator of 
the responsibility to file the required report within 10 working days. 
(However, an operator need not report to MSHA within 10 working days 
any chest x-ray result if the operator is actively seeking a more 
definitive second opinion in a timely manner and has supporting 
documentation.)
    Since 1978, when MSHA's part 50 requirements took effect, some mine 
operators have reported cases of occupational illness in retired and 
inactive miners formerly employed at the operators' mines. For example, 
in the past 5 years, one mine operator reported a case of lung disease 
to the Agency, stating that the ``former employee has been informed by 
his doctor that he has contracted an occupational disease.'' Another 
mine operator reported to MSHA that an ``employee has received an award 
from workers comp for exposure to coal dust * * * employee is now 
retired from this mine.'' A third mine operator reported cases of 
noise-induced hearing loss among retired miners. MSHA is concerned, 
however, that other mine operators have limited their reporting to 
miners who are still working when an occupational illness is diagnosed 
and that some mine operators have not reported all known work-related 
illnesses to the Agency. As an example, MSHA has learned of a miner who 
left his work and died while awaiting a lung transplant for silicosis; 
his illness was not reported to the Agency. Limiting reporting to 
currently employed miners understates the risk of work-related illness 
in mining and impairs MSHA's ability to take necessary corrective 
action to reduce hazards and protect the health of miners.
    MSHA previously clarified the issue of reporting responsibilities 
on retired or inactive miners in 1987 by issuing Program Information 
Bulletin (PIB) No. 87-4C/87-2M for the purpose of ``* * * clarify[ing] 
operator compliance responsibilities for reporting occupational 
illnesses * * *'' The PIB stated that the reporting requirements of 30 
CFR part 50 apply ``* * * regardless

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of whether the individual is currently working as a miner.'' The PIB 
was distributed to the entire mining community including every coal, 
metal, and nonmetal mine operator in the United States, as well as to 
key officials of trade and labor associations in the mining community. 
The text of the PIB is included as Appendix I of this notice. A list of 
the individuals to whom the PIB was distributed can be obtained from 
the Agency.
    The 1987 PIB was never formally withdrawn, but neither was it 
incorporated into MSHA's Program Policy Manual, which was first issued 
in 1988. This may have caused confusion among some mine operators and 
even certain MSHA personnel about the responsibility to report cases of 
occupational illness in retired or otherwise inactive miners. This PPL 
will eliminate any ambiguity about the reporting requirements under 
part 50.
    Beginning on the effective date of the PPL, MSHA will observe a 
grace period of 90 days to allow for unreported cases of occupational 
illness in retired or inactive miners from the previous 5 years to be 
submitted to MSHA in accordance with 30 CFR part 50 without penalty. 
This grace period will be announced at the time the PPL is issued.
    MSHA is issuing this PPL to restate its occupational illness 
reporting requirements. The purpose of the PPL is to eliminate possible 
confusion about the reporting requirements as they apply to 
occupational illnesses among miners, including retired or inactive 
miners. MSHA requests written comments regarding the PPL from 
interested persons.

Draft Program Policy Letter

Subject: Reporting Occupational Illness

    Scope: This Program Policy Letter (PPL) applies to mine operators, 
including independent contractors, and Mine Safety and Health 
Administration (MSHA) enforcement personnel.
    Purpose: This PPL clarifies and restates MSHA's requirements for 
reporting occupational illnesses, including cases involving retired or 
inactive miners, under 30 CFR Part 50.
    Policy: Under 30 CFR 50.20(a), mine operators and independent 
contractors are required to submit a report to MSHA when they are 
notified of a diagnosis or otherwise learn that a miner has an illness 
which may have resulted from work in a mine, or for which an award of 
compensation has been made. These reporting requirements apply 
regardless of the employment status of the miner (i.e., active, 
retired, otherwise off-work, or deceased) at the time of the diagnosis 
or award. Within 10 working days of becoming aware of such a 
compensation award or diagnosis, the operator is required to report the 
occurrence by completing and mailing a Form 7000-1 to MSHA. An intent 
to contest the award or diagnosis does not relieve the mine operator of 
the responsibility to file the required report within 10 working days. 
(The limited exception is that an operator need not report to MSHA 
within 10 working days any chest x-ray result for which the operator is 
actively seeking a more definitive second opinion in a timely manner 
and has supporting documentation, as stated in Program Policy Manual 
Vol. III, 50.2.)
    Effective Date: After considering comments from the public, MSHA 
anticipates that this PPL will take effect on March 12, 1998 and will 
be incorporated into MSHA's Program Policy Manual.

    Authority: Section 103(h) of the Federal Mine Safety and Health 
Act of 1977.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

Appendix I

[Note: This is the text of the Program Information Bulletin that was 
widely distributed to the mining community in 1987. No changes have 
been made to the text. It is reprinted here solely for the 
convenience of miners, mine operators, and independent contractors.]

    August 31, 1987

MSHA Program Information Bulletin No. 87-4C and 87-2M

Subject: Reporting Occupational Illnesses to MSHA

    The purpose of this Bulletin is to clarify operator compliance 
responsibilities for reporting occupational illnesses under the 
Federal Mine Safety and Health Act of 1977.
    Title 30, Code of Federal Regulations, Part 50 requires mine 
operators to report occupational illnesses of miners. A miner is 
defined as ``any individual working in a mine,'' and occupational 
illness is defined as ``an illness or disease which may have 
resulted from work at a mine or for which an award of compensation 
is made.'' Illnesses that are reportable include noise-induced 
hearing loss, silicosis, coal workers' pneumoconiosis (black lung), 
poisoning by toxic materials, and cancer. Part 50 further requires 
that the operator mail a completed Form 7000-1 to the Mine Safety 
and Health Administration (MSHA) within 10 working days after a 
miner is diagnosed as having an occupational illness.
    Industry reporting activity for occupational illnesses suggests 
there is operator uncertainty about the relationship between Part 50 
reporting obligations and the information provided to the operator 
through Federal and State occupational illness compensation 
programs.
    In order to ensure that data reported by mine operators reflects 
the incidence of occupational illnesses associated with the mining 
industry, the reporting requirements of Part 50 apply when 
compensation programs provide an operator notice that an individual 
has been awarded compensation for or is diagnosed as having an 
occupational illness resulting from employment in a mine, regardless 
of whether the individual is currently working as a miner. Thus, 
within 10 days of becoming aware of any such compensation award or 
diagnosis, the operator must report the occurrence by completing and 
mailing a Form 7000-1 to MSHA.
    Accordingly, effective 30 days after the issuance date of this 
Bulletin, MSHA will require that operators report occupational 
illnesses consistent with the Part 50 regulations and the 
clarification provided by this bulletin. MSHA's district and 
subdistrict offices will be pleased to provide additional guidance 
or assistance regarding the reporting of occupational illnesses and 
the proper completion of the Form 7000-1.

Roy. L Bernard,
Administrator, Metal and Nonmetal Mine Safety and Health.
Jerry L. Spicer,
Administrator, Coal Mine Safety and Health.

Inquiries

William H. Sutherland, Chief, Division of Health, Coal Mine Safety 
and Health, (703) 235-1358
Marvin W. Nichols, Jr., Chief, Division of Health, Metal and 
Nonmetal Mine Safety and Health, (703) 235-8307

Distribution

All Mine Operators, Coal and Metal and Nonmetal Coal District 
Managers, Mine Safety and Health Metal and Nonmetal District 
Managers, Mine Safety and Health Principal Officials, Headquarters 
Superintendent, National Academy

[FR Doc. 97-29635 Filed 11-10-97; 8:45 am]
BILLING CODE 4510-43-P