Sample letters to Coal ine Operators or Contractor

Attachment 5_Sample letters to Coal ine Operators or Contractor.docx

National Coal Workers' Health Surveillance Program (CWHSP)

Sample letters to Coal ine Operators or Contractor

OMB: 0920-0020

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P03 – Plan Approval Letter. Letter to mine stating that the mine plan is approved.

Per 42 CFR part 37.100 Coal Mine Operator Plan for Medical Examinations

NOTE: Items in brackets {} are filled in from the database




MSHA Number: {MINE_CODE}


{OPERATOR_NAME}

{MINE_NAME}

ATT: {OFFICER_IN_CHARGE}

{STREET}

{CITY}, {STATE_CODE} {ZIP_CODE}


Dear {OFFICER_IN_CHARGE}


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).


Your approved Plan is for miners working at:


<MINE_NAME> - <MINE_CODE>


The Plan will be effective from <APPROVAL_DATE> through <END_OF_PLAN>. We will notify you approximately 4 months prior to your Plan's expiration date, so you can file a new Plan.


Miners are eligible for voluntary examinations every 5 years. The open period for miners to receive voluntary medical examinations under this approved Plan is from <PLAN_DATE> through <END_OF_OPEN>.

Your Plan was approved in accordance with the Federal Mine Safety and Health Act of 1977 regulations outlined in 42 CFR Part 37. You can review these regulations at

https://www.ecfr.gov/current/title-42/section-37.100

. Plan approval is subject to the following conditions:


  • Post a copy of your approved Plan, including any attachments submitted, in a location visible to all miners. If posting is not possible, notify miners directly about medical examinations and have a copy of the Plan available for review. Upon request, you must show NIOSH written evidence your employees have been notified.


  • Do not modify your Plan without first obtaining written approval from NIOSH. Changes must be submitted using one of the following:



  • Ensure medical confidentiality. Do not solicit medical findings for any miner you employ.


  • Allow flexibility for miners to participate in examinations at a convenient time and place.


Reminders


  • Encourage all miners to participate in the medical examinations.


  • If arrangements are made for a mobile unit, submit an amended Plans to NIOSH for miners to participate in on-site examinations through a mobile unit. The amended Plan should include mobile examination dates and hours. It should be approved by NIOSH at least 3 weeks prior to the start date.


  • Ensure mandatory examinations are scheduled. Miners new to the coal mining industry must receive mandatory examinations within 30 days of their initial employment then again 3 years after the initial examination.



  • Arrangements for repeat mandatory and voluntary examinations should be made available from one of the facilities in your plan, at the convenience of the miner, as needed.



  • Your Plan includes the spirometry facilities closest to your mine site. If your mine is located further than 50 miles from the nearest NIOSH-approved spirometry facility, please contact NIOSH at 1-888-480-4042 to discuss possible solutions.


Please call us at 1-888-480-4042 or email CWHSP@cdc.gov if you have questions or need assistance.



Sincerely,


Jason Hinkle

Health Assessment Specialist

Coal Workers’ Health Surveillance Program

Surveillance Branch

Respiratory Health Division

Enclosures



P04 Letter – Mine plan required (monthly letter). Letter to each mine that their plan will expire within 4 months. P12 Letter – Second notice of P04



Per 42 CFR Part 37.100(g) Coal mine operator plan for medical examinations



NOTE: Items in brackets {} are filled in from the database. If there is a slash (/) within the brackets, there are two options for the text (P04 option/ P12 option).

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~



{OPERATOR_NAME}

{MINE_NAME}

{COMP_STREET}

{COMP_CITY}, {STATE} {ZIPCODE}





MSHA Number: {MINES_MINE_CODE}

{/SECOND NOTICE}

Dear {SALUTATION}:



This letter is to notify you that it is {now/past} time for you to develop a new Plan for your miners. Examinations include chest x-rays and spirometry (lung function testing). Your company's Plan {must be/should have been} submitted by {PLANTONIOSH}.



{/To date, that Plan has not been received. This letter serves as your SECOND NOTICE.} If you do not submit your plan by {{PLANTONIOSH},/{today+21 days},} NIOSH will notify MSHA and will arrange for your miners to be examined at your expense.



Regulations in the Federal Mine Safety and Health Act, 42 CFR Part 37 require coal mine operators and contractors to provide medical examinations at the beginning of a miner’s employment and to periodically offer subsequent, voluntary examinations. You can review these regulations at www.ecfr.gov/current/title-42/chapter-I/subchapter-C/part-37see Section 37.41.



Plans must be submitted to NIOSH for review and approval before examinations can begin. You must identify a 6-month period when examinations will be offered. NIOSH recommends miners receive chest x-rays:



  • Every 5 years for the first 15 years of coal mining.

AND

  • Every 3 years after that if they continue to work in coal mining.



More frequent x-rays are not recommended if screening results remain normal. NIOSH will notify you 6 months before your current Plan expires.



Required Medical Examinations



  • ALL medical examinations must be provided to your miners:



  • Free of charge

  • At convenient dates, times, and locations

  • With adequate notice to participate

  • Mandatory medical examinations must be provided at the following intervals:



  • No later than 30 days after a miner initially begins working in or at a coal mine

  • 3 years after the first medical examination

  • 2 years after the second medical examination if the miner is so notified by NIOSH



Call 1-888-480-4042 to determine if a particular miner requires this mandatory examination.



  • Voluntary medical examinations must be offered for a 6-month period every 3 ½ to 5 years.



Developing Your Plan



Follow the Mine Safety and Health Act regulations located at

www.ecfr.gov/current/title-42/chapter-I/subchapter-C/part-37see Section 37.41



Please pay attention to Sections 37.3 and 37.92 and follow the instructions when completing your Plan.



Plans are located at:



When ready, make a copy of your Plan for your records.



  • Mark your Plan as DRAFT and post it in an area visible for all miners. Plan posting is monitored by MSHA.



  • Forward your original Plan to NIOSH. Include a roster of names and current home addresses of ALL miners at your operation.



NIOSH will review and approve your Plan. After receiving approval, replace posting of the draft Plan with the final and retain a copy for your records. Your new Plan and the roster of your {are/were} to be completed and forwarded to this office by {PLANTONIOSH}.



If you have questions call 1-888-480-4042 or email cwhsp@cdc.gov. For further information about the CWHSP visit our website at https://www.cdc.gov/niosh/cwhsp/about/index.html.

Sincerely,

James Hinkle

Health Assessment Specialist

Coal Workers' Health Surveillance Program

Surveillance Branch

Respiratory Health Division



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