#### § 71.206 Quarterly sampling; designated work positions.

###### Cross Reference

Link to an amendment published at [89 FR 28478](https://www.federalregister.gov/citation/89-FR-28478), Apr. 18, 2024.

The following is required until April 14, 2025:

(a) Each operator shall take one valid representative sample from the DWP during each quarterly period. The quarterly periods are:

January 1-March 31

April 1-June 30

July 1-September 30

October 1-December 31.

(b) When the respirable dust standard is changed in accordance with [§ 71.101](/on/2024-09-16/title-30/section-71.101), the new applicable standard shall become effective 7 calendar days after the date of the notification of the change by MSHA.

(c) Designated work position samples shall be collected at locations to measure respirable dust generation sources in the active workings. The specific work positions at each mine where DWP samples shall be collected include:

(1) Each highwall drill operator (MSHA occupation code 384);

(2) Bulldozer operators (MSHA occupation code 368); and

(3) Other work positions designated by the District Manager for sampling in accordance with [§ 71.206(m)](/on/2024-09-16/title-30/section-71.206#p-71.206(m)).

(d) Operators with multiple work positions specified in [paragraph (c)(2)](/on/2024-09-16/title-30/section-71.206#p-71.206(c)(2)) and [(c)(3)](/on/2024-09-16/title-30/section-71.206#p-71.206(c)(3)) of this section shall sample the DWP exposed to the greatest respirable dust concentration in each work position performing the same activity or task at the same location at the mine and exposed to the same dust generation source. Each operator shall provide the District Manager with a list identifying the specific work positions where DWP samples will be collected for:

(1) Active mines—by October 1, 2014.

(2) New mines—Within 30 calendar days of mine opening.

(3) DWPs with a change in operational status that increases or reduces the number of active DWPs—within 7 calendar days of the change in status.

(e) Each DWP sample shall be taken on a normal work shift. If a normal work shift is not achieved, the respirable dust sample shall be transmitted to MSHA with a notation by the person certified in sampling on the back of the dust data card stating that the sample was not taken on a normal work shift. When a normal work shift is not achieved, the sample for that shift may be voided by MSHA. However, any sample, regardless of whether a normal work shift was achieved, that exceeds the applicable standard by at least 0.1 mg/m3 shall be used in the determination of the equivalent concentration for that occupation.

(f) Unless otherwise directed by the District Manager, DWP samples shall be taken by placing the sampling device as follows:

(1) *Equipment operator:* On the equipment operator or on the equipment within 36 inches of the operator's normal working position.

(2) *Non-equipment operators:* On the miner assigned to the DWP or at a location that represents the maximum concentration of dust to which the miner is exposed.

(g) Upon notification from MSHA that any valid representative sample taken from a DWP to meet the requirements of [paragraph (a)](/on/2024-09-16/title-30/section-71.206#p-71.206(a)) of this section exceeds the applicable standard, the operator shall, within 15 calendar days of notification, sample that DWP each normal work shift until five valid representative samples are taken. The operator shall begin sampling on the first normal work shift following receipt of notification.

(h) When a valid representative sample taken in accordance with this section meets or exceeds the excessive concentration value (ECV) in Table 71-1 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 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.

(i) 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 71-1 that corresponds to the applicable standard and the particular sampling device used; or

(2) The average for all valid representative samples meets or exceeds the ECV in Table 71-2 that corresponds to the applicable standard and the particular sampling device used.

(j) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the applicable standard, [paragraph (a)](/on/2024-09-16/title-30/section-71.206#p-71.206(a)) of this section shall not apply to that DWP until the violation is abated and the citation is terminated in accordance with [paragraphs (k)](/on/2024-09-16/title-30/section-71.206#p-71.206(k)) and [(l)](/on/2024-09-16/title-30/section-71.206#p-71.206(l)) of this section.

(k) 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](/on/2024-09-16/title-30/section-72.700);

(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 DWP on consecutive normal work shifts until five valid representative samples are taken.

(l) A citation for violation of the applicable standard shall be terminated by MSHA when the equivalent concentration of each of the five valid representative samples is at or below the applicable standard.

Table 71-1—Excessive Concentration Values (ECV) Based on Single, Full-Shift CMDPSU/CPDM Concentration Measurements

| Applicable standard (mg/m3) | ECV (mg/m3) | |
| --- | --- | --- |
| CMDPSU | CPDM |
| 2.0 | 2.33 | 2.26 |
| 1.9 | 2.22 | 2.15 |
| 1.8 | 2.12 | 2.04 |
| 1.7 | 2.01 | 1.92 |
| 1.6 | 1.90 | 1.81 |
| 1.5 | 1.79 | 1.70 |
| 1.4 | 1.69 | 1.58 |
| 1.3 | 1.59 | 1.47 |
| 1.2 | 1.47 | 1.36 |
| 1.1 | 1.37 | 1.25 |
| 1.0 | 1.26 | 1.13 |
| 0.9 | 1.16 | 1.02 |
| 0.8 | 1.05 | 0.91 |
| 0.7 | 0.95 | 0.79 |
| 0.6 | 0.85 | 0.68 |
| 0.5 | 0.74 | 0.57 |
| 0.4 | 0.65 | 0.46 |
| 0.3 | 0.54 | 0.34 |
| 0.2 | 0.44 | 0.23 |

Table 71-2—Excessive Concentration Values (ECV) Based on the Average of 5 Full-Shift CMDPSU/CPDM Concentration Measurements

| Applicable standard (mg/m3) | ECV (mg/m3) | |
| --- | --- | --- |
| CMDPSU | CPDM |
| 2.0 | 2.15 | 2.12 |
| 1.9 | 2.05 | 2.01 |
| 1.8 | 1.94 | 1.91 |
| 1.7 | 1.84 | 1.80 |
| 1.6 | 1.74 | 1.70 |
| 1.5 | 1.63 | 1.59 |
| 1.4 | 1.53 | 1.49 |
| 1.3 | 1.43 | 1.38 |
| 1.2 | 1.33 | 1.27 |
| 1.1 | 1.22 | 1.17 |
| 1.0 | 1.12 | 1.06 |
| 0.9 | 1.02 | 0.96 |
| 0.8 | 0.92 | 0.85 |
| 0.7 | 0.81 | 0.75 |
| 0.6 | 0.71 | 0.64 |
| 0.5 | 0.61 | 0.53 |
| 0.4 | 0.51 | 0.43 |
| 0.3 | 0.41 | 0.32 |
| 0.2 | 0.31 | 0.22 |

(m) The District Manager may designate for sampling under this section additional work positions at a surface coal mine and at a surface work area of an underground coal mine where a concentration of respirable dust exceeding 50 percent of the standard in effect at the time the sample is taken, or a concentration of respirable dust exceeding 50 percent of the standard established in accordance with [§ 71.101](/on/2024-09-16/title-30/section-71.101), has been measured by one or more MSHA valid representative samples.

(n) The District Manager may withdraw from sampling any DWP designated for sampling under [paragraph (m)](/on/2024-09-16/title-30/section-71.206#p-71.206(m)) of this section upon finding that the operator is able to maintain continuing compliance with the applicable standard. This finding shall be based on the results of MSHA and operator valid representative samples taken during at least a 12-month period.

[[79 FR 24982](https://www.federalregister.gov/citation/79-FR-24982), May 1, 2014, as amended at [89 FR 28477](https://www.federalregister.gov/citation/89-FR-28477), Apr. 18, 2024]