The Federal Coal Mine Health and
Safety Act of 1977, PL91-173, (amended the Federal Coal Mine and
Safety Act of 1969) provides in Title II, Section 203(d) that "If
the death of any active miner occurs in any coal mine, or if the
death of any active or inactive miner occurs in any other place,
the Secretary of Health and Human Services is authorized to provide
for any autopsy to be performed on such miner, with the consent of
his surviving widow or, if he has no such widow, then with the
consent of his surviving next of kin. The results of such autopsy
shall be submitted to the Secretary of Health and Human Services
and, with the consent of such survivor, to the miner's physician or
other interested person. Such autopsy shall be paid for by the
Secretary of Health and Human Services." The regulations concerning
the authority for the program were published in Title 42 CFR,
Chapter 1, Subchapter C, Part 37. Through delegation of authority,
the National Institute for Occupational Safety and Health (NIOSH)
is authorized to make the necessary arrangements for providing this
service to the next-of-kin of the deceased miner through the
National Coal Workers' Autopsy Study (NCWAS) which is a component
of the Coal Workers' Health Surveillance Program (CWHSP). The
Consent, Release and History form (CDC/NIOSH 2.6) is used to obtain
written authorization from the next of kin to perform an autopsy on
the deceased miner. The NCWAS post-mortem examinations are used for
research purposes (both epidemiological and clinical). A minimum of
essential information regarding the deceased miner, his
occupational history, and his smoking history is collected. The
latter is included because of the strong association between
chronic lung diseases and smoking. Medical evidence obtained from
the autopsy may also be used by the next-of-kin in support of Black
Lung Benefits claims.
US Code:
42 USC
37 Name of Law: Specifications for Medical Examinations of
Underground Coal Miners
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.