MINERS RIGHTS AND RESPONSIBILITIES

UNDERGROUND COAL MINING AND BLACK LUNG DISEASE

CHEST X-RAY RIGHTS FOR UNDERGROUND COAL MINERS

Operators of underground coal mines are required to coordinate with MSHA and the Department of Health and Human Services (DHHS) to ensure that all miners have access to chest X-ray examinations. These examinations are essential for the early detection of pneumoconiosis, commonly known as black lung disease.

An initial chest X-ray examination must be provided at no cost when you begin employment at an underground coal mine. A second examination must be offered three (3) years after your date of hire. If the second examination indicates evidence of black lung disease, you are entitled to transfer to a different position and to receive a third X-ray examination two (2) years later, provided that you continue working at an underground coal mine. If no evidence of pneumoconiosis is detected in the second examination, you are entitled to receive follow-up chest X-ray examinations at five (5) year intervals.

TRANSFER RIGHTS FOR MINERS DIAGNOSED WITH BLACK LUNG DISEASE

If you are diagnosed with black lung disease, you have the right to request a transfer to a work area within the mine where the concentration of respirable dust is maintained at or below one (1) milligram per cubic meter of air.

If you qualify for transfer rights, you will receive written notification from the Secretary of Health and Human Services. Upon receipt of this notice, you may complete, sign, date, and submit the Exercise of Option form to formally request the transfer.

If you choose to exercise this transfer option, you are entitled to retain your regular rate of pay and to continue receiving any future wage increases.

BENEFITS AND PROTECTION FROM DISCRIMINATION

If you become disabled as a result of black lung disease, you are entitled to receive compensation and medical benefits. MSHA does not administer these claims. Instead, you should direct all inquiries to the Coal Mine Workers’ Compensation Programs within the U.S. Department of Labor.

You may not be discharged or subjected to discrimination if you are partially disabled due to black lung disease and continue working. You or your miners’ representative have sixty (60) days to file a discrimination complaint with MSHA or the Department of Labor if you believe that you have been subjected to adverse treatment as a result of your diagnosis.