Sample Letter to Coal Mine Operator or Contractor

Attachment 5 -- Sample letter to the Coal Mine Operator or Coal Contractor

MSHA Number 9900001|

JAMES Q PUBLIC

HIDDEN POINT MINES

432 MAIN STREET

MORGANTONW, WV 26505

Dear JAMES Q PUBLIC

The Plan you submitted for medical examinations of miners has been reviewed and APPROVED

by the National Institute for Occupational Safety and Health (NIOSH), Coal Workers' "Health

Surveillance Program (CWHSP).

This approved Plan is for "miners working at the mine or company listed below:

HIDDEN POINT MINES – 9900001

The Plan will be effective from 02/15/2015 through 02/14/2020 at which time you will have to

file a new Plan. We will notify you approximately 4 months prior to your Plan's expiration date.

The open period for your miners to obtain their voluntary examinations under this currently

approved plan is from 02/15/2015 through 08/15/2015.

As required by the Federal Mine Safety and Health Act of 1977 and operating under regulations outlined in 42 CFR Part 37, and all subsequent regulations issued under the Act, your Plan is approved subject to the following conditions:

1. A copy of this approved Plan, including any attachments you submitted, shall be

permanently posted on the bulletin board at the mine. In "the case of an operator who does

not have a bulletin board, such as an operator that is "a contractor, the operator must

otherwise notify its employees of the examination "arrangements and have a copy of the Plan

available for inspection. Upon request, the contractor "must show NIOSH written evidence

that its employees have been notified.

2. In carrying out the Plan, you shall adhere strictly to all regulations and the approved

Plan in all respects. Regulations pertaining to the CWHSP are found at:

http://www.ecfr.gov/cgi-bin/text-idx?SID=78267829dd6935b5d1e3cb372d39e65f&node

=42:1.0.1.3.21&rgn=div5

No modification, alteration, or substitution shall be made in the Plan without first

obtaining written approval from NIOSH. Any change to your Plan must be submitted

for review and approval on a Coal Mine Operator's Plan (CDC/NIOSH M 2.10), or a Coal

Contractor Plan (CDC/NIOSH 2.18).

3. You will encourage substantial participation of miners in the voluntary examinations

and complete participation of miners for whom examinations are mandatory.

4. All miners examined while this Plan is in effect shall be examined in conformance

with it.

5. All requirements of medical confidentiality shall be met. Duplicate chest images or copies

of any health records, shall not be made, and you (as the operator) will not solicit a

physician's spirometric, radiographic or other findings concerning any miner employed by

you.

6. If examinations require an appointment, they shall be scheduled at the miner's convenience.

7. The hours that miners may be examined at the facility may not be convenient for working

miners unless they are released from work for the examinations.

8. If arrangements are made for a mobile unit to examine miners on site, at least 3 weeks

before the scheduled 'begin date' you must submit for approval an amended Plan which

includes the actual dates, days, and hours the mobile unit will be available to your miners.

9. The dates specified on your Plan do not account for arrangements for the mandatory

new-miner examinations. These should be made available from one of the facilities on your

plan, at the convenience of the miner, on an as needed basis within 30 days after

commencement of employment.

10. The dates specified on your Plan do not account for arrangements for repeat examinations.

These should be made available from one of the facilities on your plan, at the convenience

of the miner, on an as needed basis.

We want to help you and the miners in your company have a successful program. If any

difficulties arise, please contact us at the address or telephone number above.

Sincerely yours,

James W. Lawson

Medical Records Technician

Coal Workers' Health Surveillance Program

Surveillance Branch

Division of Respiratory Disease Studies

Enclosures

HIDDEN POINT MINES

HP MINE #1

432 MAIN STREET

MORGANTONW, WV 26505

MSHA Number: 9900001

Dear JAMES Q PUBLIC

The National Institute for Occupational Safety and Health (NIOSH) in Morgantown, West Virginia, administers the Coal Workers' Health Surveillance Program (CWHSP) which is a congressionally-mandated medical examination surveillance program for monitoring the health of coal miners. The CWHSP was originally authorized under the 1969 Federal Coal Mine Health and Safety Act and is currently authorized under the 1977 Federal Mine Safety and Health Act and its subsequent amendments.

Regulations, 42 CFR Part 37, require each coal mine operator or contractor to provide mandatory chest examinations at the beginning of employment, and to periodically offer a voluntary chest examination to ALL coal miners. Each operator or contractor is required to develop a Plan for a chest examination program for their workers. All Plans must be developed in accordance with regulations, and must be submitted (to NIOSH) for review and approval before any examinations can be completed. NIOSH-approved Plans are returned to the coal mine operator or contractor and are to be posted in a visible location on the mine bulletin board. In the case of an operator who does not have a bulletin board, such as an operator that is a contractor, the operator must otherwise notify its employees of the examination arrangements and have a copy of the Plan available for inspection. Upon request, the contractor must show NIOSH written evidence that its employees have been notified. Plans must identify a 6-month period during which chest examinations will be offered, and must be renewed upon notification by NIOSH every 3 ½ to 4 ½ years. An approved Plan remains posted until it is superseded by a more recent version. Plan posting is monitored by the Mine Safety and Health Administration (MSHA).

Based on NIOSH records, it is now time for you to develop a new Plan. Your company's Plan must be submitted by 12/15/2014.

The following information may prove useful in your understanding of the regulations and development of your Plan.

REQUIRED CHEST EXAMINATIONS

ALL chest examinations must be provided to your miners:

* Free of charge;

* At a convenient date, hour, and location;

* With adequate notice to participate;

* In accordance with regulations and the assurances stipulated on the approved

Plan;

* In accordance with notification and approval by NIOSH.

MANDATORY chest examinations must be provided at the following intervals:

* No later than 30 days after a miner begins working in or at a coal mine for the

first time;

* 3 years after the first chest examination;

* 2 years after the second chest examination if the miner is so notified by

NIOSH.

VOLUNTARY chest examinations must be offered:

* For a 6-month period every 3 ½ to 5 years.

REQUIRED SPIROMETRY EXAMINATIONS

Coal mine operators with approved plans for chest radiographs and occupational histories will be notified by MSHA when the plans must be amended to include spirometry examinations and respiratory assessments. Amendments must be submitted to NIOSH within 60 days of MSHA's notification.

DEVELOPING YOUR PLAN

Regulations pertaining to the CWHSP are found at:

http://www.ecfr.gov/cgi-bin/text-idx?SID=78267829dd6935b5d1e3cb372d39e65f&node

=42:1.0.1.3.21&rgn=div5

A list of NIOSH-approved facilities (providers) and a blank Plan with instructions are enclosed. All sections of the Plan must be completed. Please pay particular attention to Sections 37.3 and 37.92 of the regulations and follow the Instructions for Completion when completing your Plan.

Your Plan is subject to approval by NIOSH. In no instance should any of your miners be examined prior to NIOSH approval. Copy your proposed Plan, mark it "DRAFT", and post a copy on the mine bulletin board, or in the case of an operator who does not have a bulletin board, such as an operator that is a contractor, you must otherwise notify your employees of the examination arrangements and have a copy of the Plan available for inspection. Forward the original to NIOSH, with a roster of names and current home addresses of ALL the miners at your operation. Per regulations, these examinations must be offered to ALL employees and participation is not limited to any particular job category, pay (i.e., salaried vs. hourly) or organizational level, unless you are a contracting company to the coal mine operator. In that case, your roster must include only the names and current home addresses of employees required to complete MSHA Part 48 training. When NIOSH returns the approved Plan, replace the "DRAFT" with the final copy. Retain a copy in your office files so that a replacement is always available if the posted copy is damaged or destroyed. MSHA inspectors will be looking for this posted Plan.

Your new Plan and the roster of your miners are to be completed and forwarded to this office by 12/15/2014.

In the event that your Plan is not received, NIOSH will notify MSHA and will then arrange for your miners to be examined at your expense. If you have any questions about the examination program or require assistance in developing your Plan, please contact me at the address and/or telephone number noted above, or at our toll-free number (1-888-480-4042).

Sincerely yours,

James W. Lawson

Medical Records Technician

Coal Workers' Health Surveillance Program

Surveillance Branch

Division of Respiratory Disease Studies

Enclosures