[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR62.160]



[Page 423-424]

 

                       TITLE 30--MINERAL RESOURCES

 

  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

 

PART 62_OCCUPATIONAL NOISE EXPOSURE--Table of Contents

 

Sec.  62.160  Hearing protectors.



    (a) A mine operator must provide a hearing protector to a miner 

whose noise exposure equals or exceeds the action level under Sec.  

62.120 of this part. In addition, the mine operator must:

    (1) Train the miner in accordance with Sec.  62.180 of this part;

    (2) Allow the miner to choose a hearing protector from at least two 

muff types and two plug types, and in the event dual hearing protectors 

are required, to choose one of each type;

    (3) Ensure that the hearing protector is in good condition and is 

fitted and maintained in accordance with the manufacturer's 

instructions;

    (4) Provide the hearing protector and necessary replacements at no 

cost to the miner; and



[[Page 424]]



    (5) Allow the miner to choose a different hearing protector(s), if 

wearing the selected hearing protector(s) is subsequently precluded due 

to medical pathology of the ear.

    (b) The mine operator must ensure, after satisfying the requirements 

of paragraph (a) of this section, that a miner wears a hearing protector 

whenever the miner's noise exposure exceeds the permissible exposure 

level before the implementation of engineering and administrative 

controls, or if the miner's noise exposure continues to exceed the 

permissible exposure level despite the use of all feasible engineering 

and administrative controls.

    (c) The mine operator must ensure, after satisfying the requirements 

of paragraph (a) of this section, that a miner wears a hearing protector 

when the miner's noise exposure is at or above the action level, if:

    (1) The miner has incurred a standard threshold shift; or

    (2) More than 6 months will pass before the miner can take a 

baseline audiogram.