[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR90]

[Page 676]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 90_MANDATORY HEALTH STANDARDS_COAL MINERS WHO HAVE EVIDENCE OF THE 
DEVELOPMENT OF PNEUMOCONIOSIS--Table of Contents
 
           Subpart B_Dust Standards, Rights of Part 90 Miners
 
Sec.  90.103  Compensation.

    (a) The operator shall compensate each Part 90 miner at not less 
than the regular rate of pay received by that miner immediately before 
exercising the option under Sec.  90.3 (Part 90 option; notice of 
eligibility; exercise of option).
    (b) Whenever a Part 90 miner is transferred, the operator shall 
compensate the miner at not less than the regular rate of pay received 
by that miner immediately before the transfer.
    (c) The operator shall compensate each miner who is a section 203(b) 
miner on January 31, 1981, at not less than the regular rate of pay that 
the miner is required to receive under section 203(b) of the Act 
immediately before the effective date of this part.
    (d) In addition to the compensation required to be paid under 
paragraphs (a), (b) and (c) of this section, the operator shall pay each 
Part 90 miner the actual wage increases that accrue to the 
classification to which the miner is assigned.
    (e) If a miner is temporarily employed in an occupation other than 
his or her regular work classification for two months or more before 
exercising the option under Sec.  90.3 (Part 90 option; notice of 
eligibility; exercise of option), the miner's regular rate of pay for 
purposes of paragraph (a) and (b) of this section is the higher of the 
temporary or regular rates of pay. If the temporary assignment is for 
less than two months, the operator may pay the Part 90 miner at his or 
her regular work classification rate regardless of the temporary wage 
rate.
    (f) If a Part 90 miner is transferred, and the Secretary 
subsequently notifies the miner that notice of the miner's eligibility 
to exercise the Part 90 option was incorrect, the operator shall retain 
the affected miner in the current position to which the miner is 
assigned and continue to pay the affected miner the applicable rate of 
pay provided in paragraphs (a), (b), (c) and (d) of this section, until:
    (1) The affected miner and operator agree in writing to a position 
with pay at not less than the regular rate of pay for that occupation; 
or
    (2) A position is available at the same coal mine in both the same 
occupation and on the same shift on which the miner was employed 
immediately before exercising the option under Sec.  90.3 (Part 90 
option; notice of eligibility; exercise of option) or under the old 
section 203(b) program (36 FR 20601, October 27, 1971).
    (i) When such a position is available, the operator shall offer the 
available position in writing to the affected miner with pay at not less 
than the regular rate of pay for that occupation.
    (ii) If the affected miner accepts the available position in 
writing, the operator shall implement the miner's reassignment upon 
notice of the miner's acceptance. If the miner does not accept the 
available position in writing, the miner may be reassigned and 
protections under Part 90 shall not apply. Failure by the miner to act 
on the written offer of the available position within 15 days after 
notice of the offer is received from the operator shall operate as an 
election not to accept the available position.