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Title 42: Public Health
CHAPTER I: PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER C: MEDICAL CARE AND EXAMINATIONS
PART 37: SPECIFICATIONS FOR MEDICAL EXAMINATIONS OF UNDERGROUND COAL MINERS
Subpart: Chest Roentgenographic Examinations
: Review and Availability of Records
37.70 - Review of interpretations.
(a) Any miner who believes the interpretation for pneumoconiosis reported to him or her by MSHA is in error may file a written request with ALOSH that his or her roentgenogram be reevaluated. If the interpretation was based on agreement between an ?A? reader and a ?B? reader, ALOSH will obtain one or more additional interpretations by ?B? readers as necessary to obtain agreement in accord with ? 37.52(b), and MSHA shall report the results to the miner together with any rights which may accrue to the miner in accordance with ? 37.7. If the reported interpretation was based on agreement between two (or more) ?B? readers, the reading will be accepted as conclusive and the miner shall be so informed by MSHA.
(b) Any operator who is directed by MSHA to transfer a miner to a less dusty atmosphere based on the most recent examination made subsequent to August 1, 1978, may file a written request with ALOSH to review its findings. The standards set forth in paragraph (a) of this section apply and the operator and miner will be notified by MSHA whether the miner is entitled to the option to transfer.
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