ISSUE DATE: 04/01/13

PROGRAM INFORMATION BULLETIN NO. P13-03

FROM: KEVIN G. STRICKLIN

Administrator for

Coal Mine Safety and Health

SUBJECT: Operator Respirable Dust Sampling Requirements

Replaces PIB 09-31

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 the Mine 

Safety and Health Administration’s (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 adhered to by certified persons.
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 must 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: Approved sampling devices must

be maintained only by persons certified in maintenance and calibration 

procedures (§§ 70.203, 71.203 and 90.203). Persons certified only in 

respirable dust sampling are not permitted to conduct any maintenance or 

calibration work on 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 Sampling Devices), use only appropriate replacement 

parts/components when performing required routine maintenance 

procedures or when replacing damaged or missing parts. MSHA may cite 

an operator or contractor for 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/damaged O-rings

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 must

be calibrated only by persons certified in maintenance and calibration 

procedures (§§ 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; 

4) Examination of the external 3-foot (36 inches +/- 1⁄4 inch)

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. 

Parts 70, 71 and 90 must be performed only by persons certified to take 

respirable dust samples (certified person; 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 (entity/entities sampled) to the portal and then 

turned “OFF.” However, for shifts longer than 8 hours (extended 

work shift), the sampling device must be removed from the 

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

and worn or carried directly to the portal where it is turned “OFF.”

Because of the requirement that sampling devices be “operated” 

portal to portal, 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 be exceeded by an additional 15 minutes

but not to exceed 495 minutes or the sample will be voided by 

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 must occur 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)).

4) Sampling devices must be worn or carried directly to and from the 

mechanized mining unit (MMU), designated area or designated 

work position to be sampled. These devices must remain in the 

environment of the mining occupation or area to be sampled. In 

the event that a miner is reassigned tasks during the shift the 

sampling device would be transferred to the miner taking over the 

duties of the reassigned miner. For example, a continuous mining 

machine operator is told at mid-shift to go to the intake and build 

stoppings. His or her pump would be transferred to the miner 

assigned to run the continuous mining machine for the remainder 

of the shift. 

5) Samples must be collected during a normal work shift which is 

considered any shift in which production equals 50% or more of the 

previous bi-monthly production or, in the case of designated area 

and surface sampling, where normal day-to-day mining activities 

are occurring. Samples must be representative of normal mining 

activity and miners should not be performing duties of the sampled 

entity any differently on sampling shifts than they are 

required/permitted on non-sampling shifts.
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 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)). These provisions apply when the respirable dust standard is 

raised as well as when it is lowered.
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 samples

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. This matter is discussed in more detail in PIB No. 

P11-10, issued March 23, 2011 (Reissue of PIB No. P04-15, 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 to take dust samples 

are authorized to fill out and sign the dust data card, and it must 

include that person’s certification number or 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 PIB No. P08-07, issued March 31, 2008. 

By signing the dust data card, the certified person performing the

sampling is certifying that the samples were collected in accordance 

with Parts 70, 71, or 90 of Title 30 C.F.R. 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." Respirable dust samples submitted with 

data cards not properly completed will be voided by MSHA.

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 indicating 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.).

3) All respirable samples collected by the mine operator, including 

samples collected with a continuous personal dust monitor, are

considered taken to fulfill the requirements of 30 C.F.R. Parts 70, 71 

or 90 unless the samples have been identified in writing to the 

District Manager prior to the intended sampling shift. Samples so

identified will not be considered compliance samples, however, the 

results of such samples should be recorded and made available to 

an authorized representative upon request. 

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 adhered to by certified 

persons. This bulletin explains how the operator dust sampling 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 “MSHA's Major Laws, Regulations and 

Policies” and “Compliance Information (PIBs, PILs, the PPM, and More)” and “Program 

Information Bulletins.”

Issuing Office and Contact Persons

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