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DOL/MSHA

RIN: 1219-AB09

Publication ID: Fall 1998

Title: X-Ray Surveillance Program for Surface Coal Miners
Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (black lung) and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease, according to the National Institute for Occupational Safety and Health (NIOSH). In February 1996, the Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the adequacy of MSHA's current program and standards to control respirable dust in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The Committee represented the labor, industry, and academic communities. The Committee submitted its report to the Secretary of Labor in November 1995, with the majority of the recommendations unanimously supported by the Committee members. ^PMSHA has completed an indepth review of the Advisory Committee's recommendations. There are 20 principal recommendations set out in the Advisory Committee report, which are further subdivided into a total of approximately 100 distinct action items. The recommendations are both extensive and significant. The Agency is giving each careful consideration and has prioritized them for regulatory or administrative action. ^PThe Agency will provide information to the mining community as it determines how to implement the Advisory Committee recommendations.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 30 CFR 70 30 CFR 72 30 CFR 90
Legal Authority: 30 USC 811 30 USC 812

Statement of Need: Respirable coal mine dust levels in this country are significantly lower than they were over two decades ago. Despite this progress, there continues to be concern about the respirable coal mine dust sampling program and its effectiveness in presenting an accurate picture of exposure levels in mines. Such exposure levels are linked directly to the development of pneumoconiosis. In response to this concern, MSHA undertook an extensive review of the Agency's respirable coal mine dust program. The MSHA Coal Mine Respirable Dust Task Group, which issued its report in June 1992, found that vulnerabilities exist which could impact miner health protection and made recommendations for improving the monitoring program. The Advisory Committee also addressed this issue and made recommendations. ^PRecommendations contained in the NIOSH Criteria Document Occupational Exposure to Respirable Coal Mine Dust, and the Advisory Committee's report state that surface coal miners should be included in the x-ray medical surveillance program. Therefore, the Agency is considering regulatory action.

Alternatives: MSHA will consider all related recommendations carefully. MSHA is considering extending the x-ray surveillance program to surface coal miners. MSHA is also considering programs for greater outreach, training and education, and approaches to increase participation in the program.

Anticipated Costs and Benefits: Benefits sought are detection of black lung and silicosis because of the significance of health risk to coal miners. Enhanced protection of miners from progression of these diseases also will reduce the cost of future black lung benefits and lead to lower operator insurance premiums. MSHA is developing a proposed rule; however, at this stage, MSHA does not have cost estimates. As we proceed, however, we will develop estimates and make them available for public review.

Risks: Respirable coal mine dust is one of the most serious occupational hazards in the mining industry. Long-term exposure to excessive levels of respirable coal mine dust can cause black lung and silicosis, which are both potentially disabling and can cause death. MSHA recognizes the continuing risks presented to miners by inhalation of coal mine dust and is developing an integrated approach to reduce this risk.

Timetable:

Action	Date	FR Cite
Recommendations Completed	11/26/1996	61 FR 60120
Policy Document-Phase 2	02/03/1998	63 FR 5664
NPRM	02/00/1999

Additional Information: In a companion rulemaking the National Institute for Occupational Safety and Health, HHS, would revise related regulations contained in 42 CFR part 37. This rulemaking is related to 1219-AA81.
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Businesses
Included in the Regulatory Plan: Yes
Agency Contact: Marvin W. Nichols Jr. Director, Office of Standards Department of Labor Mine Safety and Health Administration Room 2352, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Phone:202 693-9440 Fax:202 693-9441 Email: nichols-marvin@dol.gov