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DOL releases proposed black lung rules

AT LONG last, the US Department of Labor's Office of Workers' Compensation Programs has unveiled ...

Donna Schmidt

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It has put out a direct final rule and companion proposed rule containing updated standards for the administration and interpretation of tests under its Federal Black Lung Program.

The outlines, which focus on the digital radiographs that are the center of testing for black lung, also pneumoconiosis, will let the physicians performing the tests use more modern medical technology.

Doctors use chest radiographs to evaluate a patient for the presence of black lung. The existing standards address only film radiographs. Thus, any benefit claim hearings could only include film x-rays.

“Film-based technology is rapidly being replaced by digital radiography in medical facilities, and the number of physicians conducting diagnostic testing with older equipment has declined,” the DOL noted.

“The revised rules would allow both film and digital x-rays to be given equal importance in claims adjudication.”

Specifically, the proposed revisions would update existing film-radiography standards and also provide parallel standards for digital radiographs.

The agency based its standards on regulations adopted last year by another major federal industry group, the National Institute for Occupational Safety and Health, for use by its Coal Mine Workers’ Health Surveillance Program.

NIOSH is the DOL’s adviser for BLBA claim test development.

“Digital radiography enhances our ability to determine the presence of black lung disease in a timely manner for coal miners and their families, which will in turn allow us to reduce the time required to make decisions on benefit eligibility,” OWCP acting director Gary Steinberg said.

“By adding digital X-ray imaging to the current film technology, all parties benefit from an expanded list of approved diagnostic providers. It will also reduce OWCP’s processing costs and give the parties greater access to modern medical technology.”

Both the direct final rule and the proposed rule can be viewed at http://s.dol.gov/100.

Those wishing to comment on the rules must do so by August 13. Accepted input methods are also available on the DOL web site.

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