[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: 30CFR57.5060]
[Page 349-351]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 57_SAFETY AND HEALTH STANDARDS_UNDERGROUND METAL AND NONMETAL MINES
--Table of Contents
Subpart D_Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter
Sec. 57.5060 Limit on exposure to diesel particulate matter.
(a) A miner's personal exposure to diesel particulate matter (DPM)
in an underground mine must not exceed an average eight-hour equivalent
full shift airborne concentration of 308 micrograms of elemental carbon
per cubic meter of air (308EC [mu]g/m\3\). [This interim
permissible exposure limit (PEL) remains in effect until the final DPM
exposure limit becomes effective. When the final DPM exposure limit
becomes effective, MSHA will publish a document in the Federal
Register.]
(b)(1) Effective May 20, 2006, a miner's personal exposure to diesel
particulate matter (DPM) in an underground mine must not exceed an
average eight-hour equivalent full shift airborne concentration of 308
micrograms of elemental carbon per cubic meter of air (308EC
[mu]g/m\3\).
(2) Effective January 20, 2007, a miner's personal exposure to
diesel particulate matter (DPM) in an underground mine must not exceed
an average eight-hour equivalent full shift airborne concentration of
350 micrograms of total carbon per cubic meter of air (350TC
[mu]g/m\3\).
(3) Effective May 20, 2008, a miner's personal exposure to diesel
particulate matter (DPM) in an underground mine must not exceed an
average eight-hour equivalent full shift airborne concentration of 160
micrograms of total carbon per cubic meter of air (160TC
[mu]g/m\3\).
(c)(1) If a mine requires additional time to come into compliance
with the final DPM limit established in Sec. 57.5060 (b) due to
technological or economic constraints, the operator of the mine may file
an application with the District Manager for a special extension.
(2) The mine operator must certify on the application that the
operator has posted one copy of the application at the mine site for at
least 30 days prior to the date of application, and has provided another
copy to the authorized representative of miners.
(3) No approval of a special extension shall exceed a period of one
year from the date of approval. Mine operators may file for additional
special extensions provided each extension does not exceed a period of
one year. An application must include the following information:
(i) A statement that diesel-powered equipment was used in the mine
prior to October 29, 1998;
(ii) Documentation supporting that controls are technologically or
economically infeasible at this time to reduce the miner's exposure to
the final DPM limit.
(iii) The most recent DPM monitoring results.
(iv) The actions the operator will take during the extension to
minimize exposure of miners to DPM.
(4) A mine operator must comply with the terms of any approved
application for a special extension, post a copy of the approved
application for a special extension at the mine site for the duration of
the special extension
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period, and provide a copy of the approved application to the authorized
representative of miners.
(d) The mine operator must install, use, and maintain feasible
engineering and administrative controls to reduce a miner's exposure to
or below the DPM limit established in this section. When controls do not
reduce a miner's DPM exposure to the limit, controls are infeasible, or
controls do not produce significant reductions in DPM exposures,
controls must be used to reduce the miner's exposure to as low a level
as feasible and must be supplemented with respiratory protection in
accordance with Sec. 57.5005(a), (b), and paragraphs (d)(1) and (d)(2)
of this section.
(1) Air purifying respirators must be equipped with the following:
(i) Filters certified by NIOSH under 30 CFR part 11 (appearing in
the July 1, 1994 edition of 30 CFR, parts 1 to 199) as a high efficiency
particulate air (HEPA) filter;
(ii) Filters certified by NIOSH under 42 CFR part 84 as 99.97%
efficient; or
(iii) Filters certified by NIOSH for DPM.
(2) Non-powered, negative-pressure, air purifying, particulate-
filter respirators shall use an R- or P-series filter or any filter
certified by NIOSH for DPM. An R-series filter shall not be used for
longer than one work shift.
(e) Rotation of miners shall not be considered an acceptable
administrative control used for compliance with the DPM standard.
[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005, as amended at 70
FR 55019, Sept. 19, 2005; 71 FR 29011, May 18, 2006]
Effective Date Note: At 71 FR 29012, May 18, 2006, Sec. 57.5060 was
amended by revising paragraph (d) introductory text and adding
paragraphs (d)(3) through (d)(8), effective Aug. 16, 2006. At 71 FR
36483, June 27, 2006, the ``s'' was deleted from the word ``exposures''
in revised paragraph (d) introductory text, effective Aug. 16, 2006. For
the convenience of the user, the added and revised text is set forth as
follows:
Sec. 57.5060 Limit on exposure to diesel particulate matter.
* * * * *
(d) The mine operator must install, use, and maintain feasible
engineering and administrative controls to reduce a miner's exposure to
or below the applicable DPM PEL established in this section. When
controls do not reduce a miner's DPM exposure to the PEL, controls are
infeasible, or controls do not produce significant reductions in DPM
exposures, controls must be used to reduce the miner's exposure to as
low a level as feasible and must be supplemented with respiratory
protection in accordance with Sec. 57.5005(a), (b), and paragraphs
(d)(1) through (d)(8) of this section.
* * * * *
(3) The mine operator must provide a confidential medical evaluation
by a physician or other licensed health care professional (PLHCP), at no
cost to the miner, to determine the miner's ability to use a respirator
before the miner is required to be fit tested or to use a respirator at
the mine. If the PLHCP determines that the miner cannot wear a negative
pressure respirator, the mine operator must make certain that the PLHCP
evaluates the miner's ability to wear a powered air purifying respirator
(PAPR).
(4) The mine operator must provide the miner with an opportunity to
discuss their evaluation results with the PLHCP before the PLHCP submits
the written determination to the mine operator regarding the miner's
ability to wear a respirator. If the miner disagrees with the evaluation
results of the PLHCP, the miner may submit within 30 days additional
evidence of his or her medical condition to the PLHCP.
(5) The mine operator must obtain a written determination from the
PLHCP regarding the miner's ability to wear a respirator, and the mine
operator must assure that the PLHCP provides a copy of the determination
to the miner.
(6) The miner must be reevaluated when the mine operator has reason
to believe that conditions have changed which could adversely affect the
miner's ability to wear the respirator.
(7) Upon written notification that the PLHCP has determined that the
miner is unable to wear a respirator, including a PAPR, the miner must
be transferred to work in an existing position in an area of the same
mine where respiratory protection is not required. The miner must be
transferred within 30 days of the final determination by the PLHCP.
(i) The miner must continue to receive compensation at no less than
the regular rate of pay in the classification held by that miner
immediately prior to the transfer.
(ii) Increases in wages of the transferred miner must be based upon
the new work classification.
(8) The mine operator must maintain a record of the identity of the
PLHCP and the most recent written determination of each miner's ability
to wear a respirator for the
[[Page 351]]
duration of the miner's employment plus six months.
* * * * *