---
kind: "section"
citation: "42 C.F.R. § 37.70"
title: "42"
number: "37.70"
heading: "Review of classifications."
url: "https://uscodex.org/cfr/42/37.70"
---

# §37.70. Review of classifications.

- (a) Any miner who believes the classification for pneumoconiosis reported to him or her by MSHA is in error may file a written request with NIOSH that his or her radiograph be reevaluated.
  - (1) If the classification was based on agreement between an A Reader and a B Reader, NIOSH will obtain one or more additional classifications by B Readers as necessary to obtain agreement in accordance with [§ 37.53](/cfr/42/37.53.md), and MSHA must report the results to the miner together with notification from MSHA of any rights which may accrue to the miner in accordance with [§ 37.102](/cfr/42/37.102.md).
  - (2) If the reported classification was based on agreement between two (or more) B Readers, the reading will be accepted as conclusive and the miner must be so informed by MSHA.
- (b) Any operator who is directed by MSHA to transfer a miner to a less dusty atmosphere based on the most recent examination may file a written request with NIOSH to review its findings. The standards set forth in [paragraph (a)](#a) of this section apply and the operator and miner will be notified by MSHA whether the miner is entitled to the option to transfer.

## Notes

### Amendments

[81 FR 73286, 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 73286, Oct. 24, 2016]