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Part 90 for Coal Miners

The National Institute for Occupational Safety and Health’s (NIOSH) Coal Workers’ Health Surveillance Program, investigative reporting, and a growing body of health literature suggest that cases of pneumoconiosis are surging. Health experts have noted a troubling increase in coal miners’ development of more severe forms of pneumoconiosis (e.g., progressive massive fibrosis), including in younger and less experienced miners. 

Under Part 90, coal miners who have already developed a pneumoconiosis can exercise rights that allow them to continue working in healthier parts of the mine. Unfortunately, our data shows the Part 90 program is significantly underused.

Below is information on the Part 90 process and how you can exercise your rights.

Regulation: In accordance with 42 CFR 37, any miner who, in the judgment of NIOSH, has evidence of the development of pneumoconiosis, must be afforded the Part 90 option. NIOSH will, at its discretion, also accept other medical examinations provided to NIOSH for review, such as computed tomography (CT) scans of the chest or lung biopsies, as evidence of the development of pneumoconiosis.

Call to action: If you are interested in submitting other medical examinations, please contact NIOSH’s Coal Workers’ Health Surveillance Program at cwhsp@cdc.gov or 1-888-480-4042.