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

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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
MSHA PROGRAM POLICY MANAUL VOLUME V Subpart C Sampling Procedure 90.205(c) Examinations of Sampling Devices See policy under Section 70.205(c). 90.207 Compliance Sampling All samples required under Part 90 must be collected while normal work duties are being performed. Section 90.2 defines "normal work duties" as "duties which the Part 90 miner performs on a routine day-to-day basis in his or her job classification at a mine." For example, a Part 90 miner, occupation code 304, surface mechanic, may be regularly scheduled to work at the surface shop and, from time to time, at other assignments in the underground mine. Because respirable dust samples must represent the mine atmosphere to which the miner is exposed, samples shall be collected during the Part 90 miner's regularly assigned duties. Therefore, if this Part 90 miner spends a significant amount of time performing other work assignments which do not correspond exactly to his or her occupation, it is appropriate to require the operator to collect samples while the Part 90 miner is working both on the surface and underground. For additional policy in relation to sampling Part 90 miners, refer to Section 70.208(c). 90.209(b) Tampering With Dust Samples See policy under Section 70.209(b). 90.209(d) Purpose of Sampling See policy under Section 70.209(d). 90.220 Status Change Reports See policy under Section 70.220. February 2003 (Release V-33) 220
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