[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]
[[Page 60673]]
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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
[[Page 60674]]
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