Draft Program Policy Letter on Reporting Occupational Illness

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