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

MSHA PROGRAM POLICY MANAUL VOLUME V
changes in operational methods at the mine may be the most
likely situations which would affect job assignments.
90.102(b) Notifications
The letter which notifies the coal mine operator that a Part 90
miner has exercised the option is sent by certified mail, with a
copy going to the District Manager. Inspection personnel can
determine if the operator has met the time requirement by
comparing the date the operator received this letter (from the
certified mail receipt) with the date of the operator's written
notice to the District Manager concerning the Part 90 miner's
occupation assignment.
90.103(a) Compensation
The Part 90 miner is entitled to not less than the regular rate of
pay that was being received immediately before exercising the
option. If the miner was in Job 1 at $7.00 per hour when
exercising the option, the operator is required to continue to pay
the Part 90 miner at least $7.00 per hour.
90.103(d) Compensation, Raises
If a Part 90 miner was employed as a belt cleaner and this
position received a $.30 per hour increase, the operator must give
this raise to the miner.
90.103(e) Compensation, Temporary Assignment
For example, the miner was classified as belt cleaner at $7.00 per
hour, but was temporarily assigned for greater than 2 months as a
roof bolting machine operator. While in the roof bolting job, the
miner exercised the Part 90 option. The roof bolting machine
operator's regular rate of pay was $7.50 per hour when the miner
exercised the option. The operator must pay this Part 90 miner at
least $7.50 per hour, even if the miner is reassigned to the belt
cleaner job.
February 2003 (Release V-33) 219