Program Policy Manual - VOLUME V - Mine Safety and Health ...

MSHA PROGRAM POLICY MANUAL VOLUME V
PART 90 MANDATORY HEALTH STANDARDS - COAL MINERS WHO
HAVE EVIDENCE OF PNEUMOCONIOSIS
Subpart A General
90.2 Definition of Transfer
When a Part 90 miner is assigned to a job classification, work
location, and regular duties, any change in the assignment of
the miner constitutes a "transfer" under Part 90. For example,
it is a transfer when a Part 90 miner's established assignment
as a surface mechanic at a surface shop is expanded to include
occasional mechanic work underground. This addition to the
miner's established regular duties at the surface shop
constitutes a "transfer" for purposes of Part 90.
Generally, it is not a "transfer" when a Part 90 miner assigned
to a specific occupation also performs other work assignments
that do not correspond exactly to his or her occupation code as
long as the work assignments have been established as part of
the miner's normal work duties. For example, if a Part 90
miner works as a mechanic at the surface shop and occasionally
works at a nonface underground position, it is not a "transfer"
when the underground mechanic work is performed because it has
already been established as part of the miner's regularly
scheduled work duties. However, under Section 90.2, it is a
"transfer" if, at any time, a Part 90 miner is moved to or from
a mechanized mining unit (MMU). Therefore, if a Part 90 miner
working as a surface shop mechanic, occasionally works
underground on an MMU, movement to and from the MMU is a
"transfer" by regulation. A miner's normal work duties are
established prior to the commencement of compliance sampling
under Section 90.207(a)(1) and (a)(3).
90.3(c) Part 90 Option and Eligibility
This section requires that any Part 90 miner who is transferred
to another position by the operator remains a Part 90 miner at
the new position, even if the job is at a surface mine.
However, the miner can exercise the Part 90 option only while
employed at an underground mine. If a Part 90 miner waives
Part 90 status, the option can only be re-exercised at an
underground mine.
90.3(d) Exercise of Part 90 Option
Regardless of when the option was awarded, the miner is under
no time limit as to when he or she must exercise the option.
However, when the option is signed and dated, the miner's
option must have been received by the Chief, Division of
February 2003 (Release V-33) 215