---
kind: "section"
citation: "42 C.F.R. § 37.53"
title: "42"
number: "37.53"
heading: "Method of obtaining definitive chest radiograph classifications."
url: "https://uscodex.org/cfr/42/37.53"
---

# §37.53. Method of obtaining definitive chest radiograph classifications.

- (a) All chest radiographs which are first classified by an A or B Reader will be submitted by NIOSH to a B Reader qualified pursuant to [§ 37.52](/cfr/42/37.52.md).
  - (1) If there is agreement between the two classifications, as described in [paragraph (b)](#b) of this section, the result will be considered final and reported to MSHA for transmittal to the miner.
  - (2) When agreement is lacking, NIOSH must obtain a third classification from the panel of B Readers.
    - (i) If any two of the three classifications demonstrate agreement, the result must be considered the final determination.
    - (ii) If agreement is lacking among the three classifications, NIOSH will obtain independent classifications from two additional B Readers selected from the panel, and the final determination will be the median category derived from the total of five classifications.
- (b) **Two classifications are considered to be in agreement when—**
  - (1) They are derived from complete classifications recorded using approved paper or electronic versions of the Chest Radiograph Classification Form (CDC/NIOSH 2.8) and received by NIOSH; and
  - (2) Both find either stage A, B, or C complicated pneumoconiosis; or,
  - (3) For simple pneumoconiosis, are both in the same major category or are within one minor category (ILO Classification 12-point scale) of each other (subject to the exception in [paragraph (b)(3)(ii)](#b-3-ii) of this section).
    - (i) The higher of the two classifications must be reported.
    - (ii) The only exception to the one minor category principle is a reading sequence of 0/1, 1/0 or 1/0, 0/1, which are not considered agreement.

## Notes

### Amendments

[81 FR 73285, Oct. 24, 2016]

### Authority

Authority: Sec. 203, 83 Stat. 763; 30 U.S.C. 843, unless otherwise noted.

### Source

Source: 43 FR 33715, Aug. 1, 1978, unless otherwise noted.

### Amendments

[81 FR 73285, Oct. 24, 2016]