(a) Whenever a Part 90 miner is transferred in
order to meet the respirable dust standard in §90.100 (Respirable
dust standard) or §90.101 (Respirable dust
standard when quartz is present), the operator shall transfer the miner to
an existing position at the same coal mine on the same shift or shift
rotation on which the miner was employed immediately before the transfer. The
operator may transfer a Part 90 miner to a different coal
mine, a newly-created position or a position on a different shift or shift
rotation if the miner agrees in writing to the transfer.
(b) On or before the twentieth calendar day following receipt of
notification from MSHA that a Part 90 miner is employed
at the mine, the operator shall give the District Manager written notice of
the occupation and, if applicable, the mechanized mining unit to which the
Part 90 miner will be assigned on the twenty-first
calendar day following receipt of the notification from MSHA.
(c) After the twentieth calendar day following receipt of
notification from MSHA that a Part 90 miner is employed
at the mine, the operator shall give the District Manager written notice
before any transfer of a Part 90 miner. This notice shall
include the scheduled date of the transfer.
