§ 70.206 Bimonthly sampling; mechanized mining units. Cross Reference
Link to an amendment published at 89 FR 28474 , Apr. 18, 2024.
Until January 31, 2016: ( a ) Each operator shall take five valid representative samples from the designated occupation (DO) in each mechanized mining unit (MMU) during each bimonthly period. DO samples shall be collected on consecutive normal production shifts or normal production shifts each of which is worked on consecutive days. The bimonthly periods are: January 1-February 28 (29) March 1-April 30 May 1-June 30 July 1-August 31 September 1-October 31 November 1-December 31
( b ) Unless otherwise directed by the District Manager, the DO samples shall be taken by placing the approved sampling device as specified in paragraphs (b)(1) through (b)(10) of this section. ( 1 ) *Conventional section using cutting machine.* On the cutting machine operator or on the cutting machine within 36 inches inby the normal working position;
( 2 ) *Conventional section blasting off the solid.* On the loading machine operator or on the loading machine within 36 inches inby the normal working position;
( 3 ) *Continuous mining section other than auger-type.* On the continuous mining machine operator or on the continuous mining machine within 36 inches inby the normal working position;
( 4 ) *Continuous mining machine; auger-type.* On the jacksetter who works nearest the working face on the return air side of the continuous mining machine or at a location that represents the maximum concentration of dust to which the miner is exposed;
( 5 ) *Scoop section using cutting machine.* On the cutting machine operator or on the cutting machine within 36 inches inby the normal working position;
( 6 ) *Scoop section, blasting off the solid.* On the coal drill operator or on the coal drill within 36 inches inby the normal working position;
( 7 ) *Longwall section.* On the miner who works nearest the return air side of the longwall working face or along the working face on the return side within 48 inches of the corner;
( 8 ) *Hand loading section with a cutting machine.* On the cutting machine operator or on the cutting machine within 36 inches inby the normal working position;
( 9 ) *Hand loading section blasting off the solid.* On the hand loader exposed to the greatest dust concentration or at a location that represents the maximum concentration of dust to which the miner is exposed;
( 10 ) *Anthracite mine sections.* On the hand loader exposed to the greatest dust concentration or at a location that represents the maximum concentration of dust to which the miner is exposed.
( c ) When the respirable dust standard is changed in accordance with § 70.101, the new applicable standard shall become effective 7 calendar days after the date of the notification of the change by MSHA.
( d ) If a normal production shift is not achieved, the DO sample for that shift may be voided by MSHA. However, any sample, regardless of production, that exceeds the applicable standard by at least 0.1 mg/m3 shall be used in the determination of the equivalent concentration for that MMU.
( e ) When a valid representative sample taken in accordance with this section meets or exceeds the excessive concentration value (ECV) in Table 70-1 that corresponds to the applicable standard and particular sampling device used, the operator shall: ( 1 ) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
( 2 ) Immediately take corrective action to lower the concentration of respirable dust to at or below the applicable respirable dust standard; and
( 3 ) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
( f ) Noncompliance with the applicable standard is demonstrated during the sampling period when: ( 1 ) Two or more valid representative samples meet or exceed the ECV in Table 70-1 that corresponds to the applicable standard and particular sampling device used; or
( 2 ) The average for all valid representative samples meets or exceeds the ECV in Table 70-2 that corresponds to the applicable standard and particular sampling device used.
( g ) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the applicable standard involving a DO in an MMU, paragraph (a) of this section shall not apply to that MMU until the violation is abated and the citation is terminated in accordance with paragraphs (h) and (i) of this section.
( h ) Upon issuance of a citation for violation of the applicable standard, the operator shall take the following actions sequentially: ( 1 ) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;
( 2 ) Immediately take corrective action to lower the concentration of respirable coal mine dust to at or below the applicable standard; and
( 3 ) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.
( 4 ) Begin sampling, within 8 calendar days after the date the citation is issued, the environment of the affected occupation in the MMU on consecutive normal production shifts until five valid representative samples are taken.
( i ) A citation for a violation of the applicable standard shall be terminated by MSHA when: ( 1 ) Each of the five valid representative samples is at or below the applicable standard; and
( 2 ) The operator has submitted to the District Manager revised dust control parameters as part of the mine ventilation plan applicable to the MMU in the citation, and the changes have been approved by the District Manager. The revised parameters shall reflect the control measures used by the operator to abate the violation.