ISSUE DATE: 12/16/10 EXPIRATION DATE: 03/31/2012 

PROCEDURE INSTRUCTION LETTER NO. I10-IV-01 

FROM: NEAL H. MERRIFIELD 

 Administrator for Metal and Nonmetal 

Mine Safety and Health 

SUBJECT: Determining compliance under 30 C.F.R. §§ 56.5002 and 57.5002 

Scope

This Procedure Instruction Letter (PIL) applies to all Metal and Nonmetal Mine Safety 

and Health enforcement personnel. This PIL applies to those air contaminants covered 

under 30 C.F.R. §§ 56/57.5001(a) and (b) and does not apply to standards for radon, 

diesel particulate matter, or noise since those standards contain specific monitoring 

requirements. 

Purpose

The purpose of this PIL is to provide instructions to inspectors on MSHA’s standards for 

surface and underground metal and nonmetal mines pertaining to surveys for airborne 

contaminants under 30 C.F.R. §§ 56/57.5002. 

Procedure Instructions

Inspectors should consult with their supervisors, the district health specialists, or 

appropriate personnel from the Division of Health or the Directorate of Technical 

Support in their review and evaluation of an operator’s procedures for conducting 

surveys. 

In reviewing operator procedures for implementing 30 C.F.R. §§ 56/57.5002, inspectors 

should determine the following: 

(1) Is the operator conducting surveys? 

Inspectors should determine if surveys are being or were conducted (e.g. 

employee knowledge, records, management knowledge, general appearance 

of the facility). Inspectors should consider any methods used by 

the operator in determining whether surveys are being conducted. 

(2) If MSHA sampling indicates an overexposure, inspectors should consider the 

adequacy and frequency of surveys. 
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(A) Are the surveys being conducted adequate for determining whether controls 

are effective in reducing exposure to airborne contaminants? 

 

 i. Should determine the type of surveys that are being conducted. 

Quantitative surveys include exposure monitoring/sampling, and wipe 

sampling. Qualitative surveys include vehicle maintenance, ventilation 

system maintenance, dust control system maintenance and walk-through 

inspections. 

ii. Is the person conducting the survey properly trained? 

iii. Are the quantitative surveys consistent with established scientific 

principles (e.g., NIOSH recommended methods found at 

http://cdc.gov/niosh/docs/2003-154/method.html) or is control equipment 

(e.g. vehicle cabs, dust control systems) maintained according to 

manufacturer's specifications? 

(B) Are the surveys being conducted frequently enough for determining whether 

controls are effective in reducing exposures to airborne contaminants? 

Inspectors should consider the following when determining whether frequency of 

the surveys is adequate: 

i. Sampling results approach the Threshold Limit Value (TLV). 

ii. Changes in the mining operation (e.g., hazards or environmental 

agents). 

iii. Changes in control equipment used to reduce exposures. 

iv. Changes in the work schedule (e.g., if workers worked longer shifts) or 

work procedures. 

v. Whether controls need routine or special maintenance of controls 

(e.g., vehicle cabs, ventilation systems, dust collection systems). If control 

systems are not properly functioning, then exposures to air contaminants 

may exist. 

vi. Employee complaints, illnesses, or disease. 

Background

MSHA recently issued a Program Policy Letter on Mine Operator Requirements 

for Exposure Monitoring of Harmful Airborne Contaminants. Under 30 C.F.R. 

§§ 56/57.5002, a mine operator must conduct dust, gas, mist, and fume 
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surveys as frequently as necessary to determine the adequacy of control measures. 

The purpose of MSHA’s exposure monitoring standards is to help assure that the 

miners are not exposed to harmful concentrations of airborne contaminants. 

Authority

The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et. seq., 

30 C.F.R. §§ 56/57.5002. 

Internet Availability

This PIL may be viewed on the Internet by accessing the MSHA home page 

(www.msha.gov) then choosing "Compliance Info" and "Procedure Instruction Letters." 

Issuing Office and Contact Persons

Metal/Nonmetal Mine Safety and Health, Division of Health 

Reginald J. Richards, DrPH, CIH (202) 693-9632 

E-mail: richards.reginald.j@dol.gov 

Distribution

Metal and Nonmetal Mine Safety & Health Enforcement Personnel 

Office of Assessments Personnel