ISSUE DATE: 08/25/09 

PROGRAM INFORMATION BULLETIN NO. P09-31 

FROM: KEVIN G. STRICKLIN 

 Administrator for 

 Coal Mine Safety and Health 

SUBJECT: Operator Respirable Dust Sampling Requirements 

Scope 

This Program Information Bulletin (PIB) is intended for Coal Mine Safety and Health 

(CMS&H) enforcement personnel, coal mine operators, independent contractors, 

coal miners, miners’ representatives, and other interested parties. 

Purpose 

This PIB clarifies the existing operator sampling requirements in 30 C.F.R. Parts 70, 

71 and 90. 

Information

Coal mine operators collect and submit valid respirable coal mine dust samples in 

conformance with the requirements of 30 C.F.R. Parts 70, 71 and 90. As part of 

Mine Safety and Health Administration (MSHA) ongoing oversight of the mine 

operator’s respirable dust sampling program, the Agency has been reviewing 

practices followed by individuals certified to conduct dust sampling at mines. This 

includes inspecting mine operator and contractor facilities where respirable dust 

sampling equipment is stored and/or serviced to ensure that certified persons are 

properly maintaining and calibrating sampling devices as prescribed by 30 C.F.R. 

Parts 70, 71, and 90. 

This bulletin explains how the operator dust sampling program should be carried 

out to be compliant with applicable regulatory requirements. Mine operators and 

contractors may be cited by MSHA for failure to properly examine and maintain 

sampling equipment in approved condition and for failure to collect samples in 

accordance with regulatory requirements. MSHA retains the right to revoke 

certifications if the sampling, maintenance and calibration procedures prescribed by 

30 C.F.R. Parts 70, 71 and 90 are not strictly adhered to by certified persons. 
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1. Certified Persons

Sampling of respirable coal mine dust and maintenance and calibration of 

approved sampling devices can be performed only by certified persons. 

Persons may hold one or both of these certifications. 

A. Collecting Respirable Dust Samples: The collection and submission of 

respirable dust samples can be performed only by persons certified in 

accordance with §§ 70.202, 71.202 and 90.202. Persons not certified 

for sampling or those certified only in maintenance and calibration 

procedures are not permitted to collect respirable dust samples. If a 

sampling device must be transported within the mine due to the 

occupation/area being sampled working longer than an 8-hour shift, 

the device can be handled only by a person certified to collect 

respirable dust samples. 

B. Maintaining Approved Sampling Devices: Pump units of approved 

sampling devices can be maintained only by persons certified in 

maintenance and calibration (§§ 70.203, 71.203 and 90.203). 

Maintenance of the sampling head assembly can be performed by 

persons certified in sampling or in maintenance and calibration. 

Persons certified only in sampling are not permitted to conduct any 

maintenance or calibrations work on pump units of approved sampling 

devices, such as replacing battery packs, pump inlet filters, etc. 

 To maintain sampling devices in approved condition (30 C.F.R. Part 74 

- Coal Mine Dust Personal Sampler Units), use only appropriate 

replacement parts/components when performing required routine 

maintenance procedures or when replacing damaged or missing parts. 

MSHA may cite any sampling device (pump and sampling head 

assembly) that is not maintained as approved, unless it is identified as 

being "out of service". Listed below are examples of common 

deficiencies observed by MSHA inspectors that must be corrected to 

maintain sampling devices in approved condition, ensuring they 

perform as designed. 

 1) Pump deficiencies 

o missing screws 

o cracked or missing membrane switch covers 

o missing or illegible approval labels 

o cracked/deformed cases 

o missing external switch covers 

o missing/damaged case seals (O-ring) 

2) Sampling head assembly deficiencies 

o missing or damaged o-rings 
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o missing or inoperative spring clip for attaching the 

sampling head assembly to the miner's clothing 

o improperly aligned backing plate assembly 

o incorrect tubing length and/or inside diameter 

o cracked barrel connector 

o damaged vortex finder 

o scratched internal surfaces of cyclone 

C. Calibrating Approved Sampling Devices: Approved sampling devices 

can be calibrated only by persons certified in maintenance and 

calibration (§§ 70.203, 71.203 and 90.203). Approved sampling 

devices are required to be calibrated in accordance with MSHA 

Informational Report IR 1240 (1996) before they are put into service 

and at intervals not to exceed 200 hours of operating time thereafter 

(§§ 70.204, 71.204 and 90.204). Mine operators must keep track of 

when each approved sampling device was calibrated and the number 

of hours of operation since the last calibration to ensure sampling 

devices are calibrated at appropriate intervals. The operating hours 

displayed on the pump should not be used to determine the total 

hours of use since the last calibration as the display can be reset by 

anyone. 

2. Sampling Requirements 

A. Testing and Examining Approved Sampling Devices: Approved 

sampling devices must be tested and examined by a person certified in 

sampling or in maintenance and calibration immediately before each 

sampling shift (§§ 70.204(d), 71.204(d) and 90.204(d)). MSHA 

interprets "immediately before” as no more than 3 hours before the 

start of the shift on which the sampling device will be used to collect a 

respirable dust sample. This testing and examination must include the 

following: 

1) Testing the battery voltage under actual load to assure it is fully 

charged. Actual load requires a fully assembled and examined 

sampling head assembly to be attached to the pump inlet with 

the pump running when the voltage check is made; 

2) Examination of all components of the cyclone assembly to 

assure they are clean and free of dust and dirt. This includes 

the interior of the connector barrel (located between the 

cassette assembly and vortex finder), vortex finder, cyclone 

body and grit pot; 

3) Examination of the inner surface of the cyclone to assure it is 

free of scoring or scratch marks on the inner surface of the 

cyclone where air is directed by the vortex finder into the 

cyclone body; 
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4) Examination of the external 3-foot transparent tubing on the 

approved sampling device to assure it is clean and free of leaks, 

which can occur if the alligator clip attached to the backing plate 

assembly is clipped to the tubing puncturing it; and, 

5) Examination of the clamping and positioning of the cyclone 

body, vortex finder and cassette to assure that they are rigid, in 

alignment, and firmly in contact and airtight. 

 

B. Sampling Procedures: All respirable dust sampling required by 30 

C.F.R. Part 70, 71 and 90 must be performed only by persons certified 

in sampling. 

1) Sampling devices must be turned on at the mine portal at the 

beginning of the sampling shift, worn or carried directly to the 

mechanized mining unit (MMU), designated area (DA), 

designated work position (DWP), or Part 90 miner’s position to 

be sampled and must remain in operation until returned directly 

to the mine portal where it is turned off (§§ 70.201(b), 

71.201(b) and 90.201(b)). A sampling device may not be 

carried to other areas of the mine before exiting the portal (e.g., 

to allow one person to retrieve multiple sampling devices). Only 

certified persons are permitted to turn sampling devices “ON” or 

“OFF” when performing sampling. 

 

2) Sampling devices must remain operational during the entire 

shift or for 8 hours, whichever time is less (§§ 70.201(b), 

71.201(b), and 90.201(b)). For shifts of 8 hours or less, the 

sampling device must be worn or carried from the MMU, DA, 

DWP or Part 90 miner being sampled (entities sampled) to the 

portal and then turned “OFF.” However, if longer than 8 hours 

(extended work shift), the sampling device must be removed 

from sampled entity near the end of the 8th hour by a certified 

person, worn or carried directly to the portal where it is turned 

“OFF.” 

Because of the requirement that sampling devices be “operated” 

portal to portal, it is for that reason a sampling device cannot be 

turned “OFF” at the end of the 8th hour when the normal work 

shift is longer than 8 hours and then worn or carried back from 

the sampled entity to the portal at the end of the extended work 

shift. 

To accommodate unanticipated delays when exiting the sampled 

entity, MSHA permits the actual maximum sampling time of 8 

hours or 480 minutes to exceed by an additional 15 minutes but 

not to exceed 495 minutes or the sample will be voided by 
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MSHA. However, the concentration of respirable dust will 

continue to be determined using a maximum time of 480 

minutes. 

3) Each sampling device must be examined twice each shift by a 

certified person to assure it is in the proper location, operating 

properly and at the proper flow rate. The first examination 

must occur during the second hour after being put into 

operation and necessary adjustments made if the proper flow 

rate is not maintained (§§ 70.205(b), 71.205(b) and 

90.205(b)). A second examination occurs during the last hour 

of operation. If the proper flow rate is not maintained, the 

sample must be transmitted to MSHA with a notation made by 

the certified person on the back of the dust data card indicating 

an improper flow rate (§§ 70.205(c), 71.205(c) and 90.205(c)). 

C. Bimonthly Sampling of Mechanized Mining Units: 

Five valid designated occupation (DO) samples must be collected from 

each mechanized mining unit (MMU) either on consecutive normal 

production shifts or on normal production shifts each of which is 

worked on consecutive days (§ 70.207(a)). The normal production 

shifts sampled on consecutive days do not need to be the same shift 

each day as illustrated in the example below. Normal production shifts 

include weekend production days. 

Example: Mine "A" works 2 production shifts each day: 

 

 Consecutive Shifts or Consecutive Days

1st Sample Day 1, Day shift Day 1, Day shift 

2nd Sample Day 1, Eve shift Day 2, Eve shift 

3rd Sample Day 2, Day shift Day 3, Eve shift 

4th Sample Day 2, Eve shift Day 4, Day shift 

5th Sample Day 3, Day shift Day 5, Eve shift 

Once an operator elects to sample on consecutive shifts, sampling 

must continue on consecutive shifts until the required number of 

samples are collected. If an operator elects to sample consecutive 

days, a sample must be collected each day that there is a normal 

production shift until the required number of samples are collected. 

Switching from one sampling schedule to another during the course of 

sampling is prohibited. 

Submitting either voided or invalid samples will not satisfy the 

bimonthly sampling requirements. Therefore, it may be necessary for 

an operator to collect and submit additional samples during a 

bimonthly period. Failure to take the required number of valid 
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respirable dust samples within a bimonthly period would constitute a 

violation. For this reason, it is to the operator’s advantage to collect 

and submit the required number of samples early in the bimonthly 

period. This would allow ample opportunity for the collection and 

submission of additional samples if necessary. 

D. Bimonthly Sampling After a Change in the Dust Standard: When the 

respirable dust standard applicable at a mine is changed due to the 

presence of quartz, bimonthly sampling of the affected MMU, DA, DWP 

or Part 90 miner must begin on the first production shift during the 

next full bimonthly period after the operator is notified by MSHA of the 

revised respirable dust standard (§§ 70.207(b), 70.208(b), 71.208(b) 

and 90.208(b)). 

E. Abatement Sampling Following Issuance of a Citation for Excessive 

Dust: After taking required corrective action to lower the 

concentration of respirable dust to within the permissible 

concentration, the operator must sample either each production shift 

(§ 70.201(d)), normal work shift (§ 71.201(d)) or affected Part 90 

miners (§ 90.201(d)) performing normal work duties 

(§ 90.201(e)) until five valid respirable dust samples are taken. 

Therefore, an operator is prohibited from skipping sampling any 

production or normal work shift or shift during which the affected Part 

90 miner performs normal work duties. That is, an operator cannot 

limit sampling to once per day on consecutive days if there is more 

than one production or normal work shift per day, except when it 

involves sampling a particular Part 90 miner. 

3. Post-Sampling Requirements 

 

A. Transmittal of Samples: All respirable dust samples collected to fulfill 

the requirements of 30 C.F.R. Parts 70, 71 and 90 must be promptly 

transmitted to MSHA within 24 hours after the end of the sampling 

shift (§§ 70.209(a), 71.209(a) and 90.209(a)). Failure to do so within 

this time period, which applies on weekend days as well, will result in 

the sample(s) being voided as "DIS" (Discarded). Placing dust 

samples in the possession of the U.S. Postal Service (Post Office or 

U.S. mailbox) or other mailing service, e.g. FedEx, UPS, etc., within 

the required time period constitutes transmittal. However, depositing 

a dust sample in a company-controlled mailing system does not meet 

the requirements of the regulations since the mine operator continues 

to retain possession of the sample. This was discussed previously in 

more detail in PIB No. P04-15, issued on June 18, 2004. 

1) Each sample transmitted to MSHA must be accompanied by the 

appropriate completed dust data card provided by the filter 

cassette manufacturer. Only persons certified in sampling are 

authorized to fill out and sign the dust data card, and it must 
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include that person’s MSHA Individual Identification Number 

(MIIN) (§§ 70.209(c), 71.209(c) and 90.209(c)). The MIIN is a 

unique 8-digit number preceded by the letter “M”, which 

replaced Social Security numbers for tracking certifications. 

More specific details on this important change are provided in 

MSHA Program Policy Letter (PPL) No. P08-III-01, issued on 

April 21, 2008. 

MSHA will void respirable dust samples submitted with 

improperly completed dust data cards. Also, as stated on the 

dust data card, “Knowingly making any false statement, 

representation, or certification on this document is a violation of 

the federal criminal code which may be punished by a fine or 

by imprisonment or both" (emphasis added). 

2) Only MSHA is authorized to void a respirable dust sample 

collected and transmitted in accordance with sampling 

requirements of 30 C.F.R. Parts 70, 71 and 90. However, if the 

validity of any collected sample is ever questioned by the mine 

operator, the sample should be transmitted to MSHA with a 

notation made by the certified sampler on the back of the dust 

data card stating the reason for the concern (e.g., invalid work 

shift because of equipment breakdown, sampling device not 

operating the full shift, sampling device dropped on the mine 

floor, improper flow rate during the last on-shift examination, 

etc.). 

B. Posting of Sampling Results: The respirable dust sample data report 

for the sampled MMU, DA or DWP provided to the operator by MSHA, 

which includes the concentration of respirable coal mine dust for each 

valid respirable dust sample and the average concentration of 

respirable dust for all valid samples, must be posted on the mine 

bulletin board for at least 31 days (§§ 70.210 and 71.210). 

4. Reporting of Status Changes 

Whenever there is a change in the operational status of the mine, MMU, DA, 

DWP or Part 90 miner that affects the respirable dust sampling requirements 

of 30 C.F.R. Parts 70, 71 and 90, the operator must report in writing the 

status change to the appropriate MSHA office within 3 working days after the 

status change has occurred (§§ 70.220(a), 71.220(a) and 90.220(a)). 

Background

Recent inspections of operator respirable dust sampling programs have identified 

instances where specific regulatory requirements are not being strictly adhered to 

by certified persons. This bulletin explains how the operator dust sampling 
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program should be carried out to be compliant with the applicable regulatory 

requirements. 

Authority

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

seq.; and 30 C.F.R. Parts 70, 71 and 90. 

Internet Availability

This PIB may be viewed on the Internet by accessing MSHA’s home page 

(http://www.msha.gov) and then choosing “Compliance Info” and “Program 

Information Bulletins.” 

Issuing Office and Contact Person

Coal Mine Safety and Health, Division of Health 

Robert A. Thaxton, (202) 693-9515 

E-mail: thaxton.robert@dol.gov

Distribution

MSHA Program Policy Manual Holders 

Coal Mine Operators 

Miners’ Representatives 

Independent Contractors 

Special Interest Groups