SPECIFICATIONS FOR SUBMITTING
ROENTGENOGRAMS, ETC.

§ 37.60 Submitting required chest roentgenograms, occupational history questionnaires, and miner identifi

cation documents.

(a) Each chest roentgenogram required to be made under this subpart, together with its interpretation(s), the occupational history questionnaire and the miner identification document, shall be submitted together for each miner or new miner within 21 calendar days after the roentgenographic examination to ALFORD and become the property of ALFORD.

(b) If ALFORD deems any part submitted under paragraph (a) of this section inadequate, it will notify the operator of the deficiency. The operator shall promptly make appropriate arrangements for the necessary re-examination.

(c) Failure to comply with paragraph (a) or (b) of this section shall be cause to revoke approval of a plan or any other approval as may be appropriate. An approval which has been revoked hereunder may be reinstated at the discretion of ALFORD after it receives satisfactory assurances and evidence that all deficiencies have been corrected and that effective controls have been instituted to prevent a recurrence.

(d) Chest roentgenograms and other required documents shall be submitted only for miners or new miners. Results of preemployment physical examinations of persons who are not hired shall not be submitted.

(e) If a miner refuses to participate in all phases of the examination prescribed in this subpart, no report need be made. If a miner refuses to participate in any phase of the examination prescribed in this subpart, all the forms shall be submitted with his name and social security account number on each. If any of the forms cannot be completed because of the miner's refusal, it shall be marked "Miner Refuses," and shall be submitted. No submission shall be made, however, without a completed miner identification document containing the miner's name, address, social security number, place of employment, and work category.

(f) The examination required under this subpart shall be complete for new miners.

NOTE: The incorporation by reference provision in this document was approved

by the Director of the Federal Register on June 1, 1973.

Subpart-Autopsies

AUTHORITY: The provisions of this Subpart issued under the authority of sec. 508, 83 Stat. 803; 30 U.S.C. 957.

SOURCE: The provisions of this Subpart appear at 36 F.R. 8870, May 14, 1971, unless otherwise noted.

§ 37.200 Scope.

The provisions of this subpart set forth the conditions under which the Secretary will pay pathologists to obtain results of autopsies performed by them on miners. § 37.201 Definitions.

As used in this subpart:

(a) "Secretary" means the Secretary of Health, Education, and Welfare.

(b) "Miner" means any individual who during his life was employed in any underground coal mine.

(c) "Pathologist" means (1) a physician certified in anatomic pathology or pathology by the American Board of Pathology or the American Osteopathic Board of Pathology, (2) a physician who possesses qualifications which are considered. "Board eligible" by the American Board of Pathology or American Osteopathic Board of Pathology, or (3) an intern, resident, or other physician in a training program in pathology who performs the autopsy under the supervision of a pathologist as defined in paragraph (c) (1) or (2) of this section.

(d) "ALFORD" means the Appalachian Laboratory for Occupational Respiratory Diseases, Public Health Service, Department of Health, Education, and Welfare, Post Office Box 4257, Morgantown, WV 26505.

§ 37.202 Payment for autopsy.

(a) The Secretary will pay up to $200 to any pathologist who, after the effective date of the regulations in this part and with legal consent.

(1) Performs an autopsy on a miner in accordance with this subpart; and

(2) Submits the findings and other materials to ALFORD in accordance with this subpart within 180 calendar days after having performed the autopsy; and

(3) Receives no other specific payment, fee, or reimbursement in connection with the autopsy from the miner's widow, his family, his estate, or any other Federal agency.

GHAN Martial ta. The rig ved

*** what a point midwes batment, te vrimesid valve and the apez, ** ***v ventricle that be mesared CLIMA WIne the iraertion of the anretin yathrary made;

1 5.72, 1. mver, consistency, loca Won, description and other relevant detalls of all lesions of the lungs;

(b) level of the diaphragm;

(vil From each type of suspected pneumoconiotic lesion, representative micrecojo sides stained with hemaVoxylin eosin or other appropriate stain, and one formalin fized, paraffin-impregnated block of tissue; a minimum of three stained glides and three blocks of tissue shall be submitted. When no such lesion is recognized, similar material shall be submitted from three separate areas of the lungs selected at random; minimum of three stained slides and

(Relationship) do hereby au

(Name of deceased miner) thorize the performance of an autopsy -) on said de

(Limitation, if any, on autopsy) ceased. I understand that the report and certain tissues as necessary will be released to the United States Public Health Service and to

(Name of Physician securing autopsy) I understand that any claims in regard to the deceased for which I may sign a general release of medical information will result in the release of the information from the Public Health Service. I further understand that I shall not make any payment for the autopsy.

(Signature)

(Address)
(Date)

(Years)

58 Stat. 690, 81 Stat. 534, 76 Stat. 592, 80 Stat. 1186, 84 Stat. 188, 84 Stat. 1506 and 1507, 86 Stat. 137; 42 U.S.C. 216, 242h, 246 (e), 254b, 300, 300a-4, and 300b; secs. 220, 223, 242, 243, 246, 247, 251, 252, and 256, Community Mental Health Centers Act, as amended; 79 Stat. 427-29, 82 Stat. 1008, 1009, 84 Stat. 59, 1239, and 1851; 42 U.S.C. 2687, 2688c, g, h, j−1, j−2, k, 1, and n-1; sec. 410, Drug Abuse Office and Treatment Act of 1972; 86 Stat. 82; 21 U.S.C. 1177.

Subpart A-Health Services Funding SOURCE: 39 FR 1441, Jan. 9, 1974, unless otherwise noted.

§ 50.101 Applicability.

(a) This subpart is applicable to health services delivery projects which are eligible for support pursuant to the following programs administered by the Assistant Secretary for Health:

(1) Migrant health-section 310 of the PHS Act (42 U.S.C. 242h);

(2) Health services development (family health centers, health services projects)-section 314(e) of the PHS Act (42 U.S.C. 246(e));

(3) Family planning-section 1001 of the PHS Act (42 U.S.C. 300);

(4) Community mental health centers staffing-section 220 of the Community Mental Health Centers Act, as amended (CMHC Act) (42 U.S.C. 2687);

(5) Alcoholism and alcohol abuse:

(i) Staffing-section 242, CMHC Act (42 U.S.C. 2688g);

services or benefits within the scope or limitations of the contract.

(b) When both the tribal organization and the IHS agree that it is not practicable to spend all contract funds during the contract term, to the extent authorized by law unexpended funds may be carried over into the succeeding fiscal year contract. Unexpended funds carried over into a succeeding fiscal year shall be added to the contract amount for that fiscal year.

§ 36.237 Contract funding and renego

tiation.

The following clause shall be included in contracts awarded under the Act which have a term of more than one year:

CONTRACT FUNDING AND RENEGOTIATION

Funds other than those appropriated during the fiscal year in which the contract commenced, that are included in the contract amount are subject to the availability of appropriations from Congress and there shall be no legal liability on the part of the Government in regard to such funds unless and until they are appropriated. Funds appropriated during the fiscal year in which the contract commenced that are included in the contract amount but not expended at the end of such fiscal year may be carried over and used for contract purposes in the succeeding fiscal year of the contracts operation or, may be used to provide additional services upon modification of the contract to include such services therein.

Each succeeding year of the contract may be renegotiated prior to the end of the then current fiscal year in order to reflect changes that have taken place beyond the control of the contractor since the contract was originally negotiated or last renegotiated as is applicable.

The provisions of this subpart set forth the specifications for giving, reading and interpreting, classifying, and submitting chest roentgenograms required by section 203 of the Act of be given to underground coal miners and new miners.

§ 37.2 Definitions.

Any term defined in the Federal Coal Mine Health and Safety Act of 1969, and not defined below shall have the meaning given it in the Act. As used in this subpart:

(a) "Act" means the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. 801, et seq.).

(b) “ALFORD" means the Appalachian Laboratory for Occupational Res

piratory Diseases, Box 4258, Morgantown, W. Va. 26505.

(c) "Chest roentgenogram” means a posteroanterior X-ray projection or radiograph of the chest at full inspiration recorded on radiographic film.

(d) "Convenient time and place” with respect to the conduct of any examination under this subpart means the locality in which the miner resides or a location that is equivalent with respect to convenience of time and place. For example, examinations at the mine during, immediately preceding, or immediately following work and a "no appointment" examination at a medical facility in a community easily accessible to the residences of a majority of the miners working at the mine, shall be considered of equivalent convenience for purposes of this paragraph.

(e) "Institute" and "NIOSH" mean the National Institute for Occupational Safety and Health, 5600 Fishers Lane, Rockville, MD 20852.

(f) "ILO-U/C 1971 International Classification of Radiographs of Pneumoconioses" or "ILO-U/C Classification" means the classification of the pneumoconioses devised in 1971 by an international committee of the International Labour Office and described in "Medical Radiography and Photography," volume 48, No. 3, December 1972.

(g) "Miner" means any individual who is working in or at any underground coal mine and who has been employed to work in or at any underground coal mine on or before December 30, 1969, but does not include any surface worker who does not have direct contact with underground coal mining or with coal processing operations.

(h) "New miner” means any individual who is working in or at any underground coal mine and who began working in or at an underground coal mine for the first time subsequent to December 30, 1969, but does not include any surface worker who does not have direct contact with underground coal mining or with coal processing operations.

(1) "Operator" means any owner, lessee, or other person who operates, controls, or supervises an underground coal mine.

(j) "Panel of Radiologists" means the U.S. Public Health Service Consultant Panel of Radiologists, c/o: ALFORD, Post Office Box 4258, Morgantown, W. Va. 26505.

(k) "Preemployment physical examination" means any medical examination which includes a chest roentgenographic examination given in accordance with the specifications of this subpart to a person not previously employed by the same operator or at the same mine for which the miner or new miner is being considered for employment.

(1) "Secretary" means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved may be delegated.

§ 37.3 Chest roentgenograms required for miners and new miners.

(a) Every operator shall provide to each miner employed in or at any of its underground coal mines an opportunity for a chest roentgenogram in accordance with this subpart by March 31, 1975. This requirement will be considered as having been fulfilled with respect to any miner for whom the required roentgenogram was made subsequent to July 1, 1972.

(b) Every operator shall provide to each new miner employed in or at any of its underground coal mines:

(1) An initial chest roentgenogram as provided herein as soon as possible, but in no event later than 6 months, after commencement of his employment: Provided, That a preemployment physical examination will be considered as fulfilling these requirements: And provided further, That an initial chest roentgenogram given to a new miner in accordance with the applicable regulations prior to the effective date of this revised subpart will be considered as fulfilling this requirement;

(2) A second chest roentgenogram in accordance with this subpart 3 years following the initial examination made under these or the former regulations of this subpart if the miner is still engaged in underground mining;

(3) A third chest roentgenogram and medical examination 2 years following the second chest roentgenogram if the miner is still engaged in underground coal mining and if the second examination shows any evidence of dust retention in the lungs.

(4) ALFORD will notify the miner and his employer when the second and third examinations are required.