[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: 30CFR71.2]
[Page 438-439]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 71_MANDATORY HEALTH STANDARDS_SURFACE COAL MINES AND SURFACE WORK
AREAS OF UNDERGROUND COAL MINES--Table of Contents
Subpart A_General
Sec. 71.2 Definitions.
For the purpose of this part 71, the term:
(a) Act means the Federal Mine Safety and Health Act of 1977, Pub.
L. 91-173, as amended by Pub. L. 95-164.
(b) Active workings means any place in a surface coal mine or the
surface work area of an underground coal mine where miners are normally
required to work or travel.
(c) Certified person means an individual certified by the Secretary
in accordance with Sec. 71.202 (Certified person; sampling) to take
respirable dust samples required by this part or certified in accordance
with Sec. 71.203 (Certified person; maintenance and calibration) to
perform the maintenance and calibration of respirable dust sampling
equipment as required by this part.
(d) Concentration means a measure of the amount of a substance
contained per unit volume of air.
(e) Designated work position means a work position designated under
Sec. 71.208 (Bimonthly sampling; designated work positions).
(f) District Manager means the manager of the Coal Mine Safety and
Health District in which the mine is located.
(g) MRE instrument means the gravimetric dust sampler with a four
channel horizontal elutriator developed by the Mining Research
Establishment of the National Coal Board, London, England.
(h) MSHA means the Mine Safety and Health Administration of the
Department of Labor.
(i) Normal work shift means (1) a shift during which the regular
duties of the designated work position are performed while routine day-
to-day mining activities are occurring in the rest of the mine and (2) a
shift during which there is no rain, or, if rain occurs, the rain does
not suppress the respirable dust to the extent that sampling results
will be measurably lower, in the judgment of the person certified under
this part to conduct sampling.
(j) Quartz means crystalline silicon dioxide (SiO2) not
chemically combined with other substances and having a distinctive
physical structure.
(k) Respirable dust means dust collected with a sampling device
approved by the Secretary and the Secretary of Health and Human Services
in accordance with part 74 (Coal Mine Dust Personal Sampler Units) of
this title. Sampling device approvals issued by the Secretary of the
Interior and Secretary of Health, Education and Welfare are continued in
effect.
(l) Secretary means the Secretary of Labor or a delegate.
(m) Surface area means a specific physical portion of a surface coal
mine or surface area of an underground coal mine. These areas are
assigned a four digit identification number by MSHA.
(n) Surface coal mine means a surface area of land and all
structures, facilities, machinery, tools, equipment, excavations, and
other property, real or personal, placed upon or above the surface of
such land by any person, used in, or to be used in, or resulting from,
the work of extracting in such area bituminous coal, lignite, or
anthracite from its natural deposits in the earth by any means or
method, and the work of preparing the coal so extracted, including
custom coal preparation facilities.
(o) Surface installation means any structure in which miners work at
a surface coal mine or surface work area of an underground coal mine.
(p) Surface work area of an underground coal mine means the surface
areas of land and all structures, facilities, machinery, tools,
equipment, shafts, slopes, excavations, and other property, real or
personal, placed in, upon or above the surface of such land by any
person, used in, or to be used in, or resulting from, the work of
extracting bituminous coal, lignite, or anthracite from its natural
deposits underground by any means or method, and the work of preparing
the coal so extracted, including custom coal preparation facilities.
(q) Surface worksite means any area in which miners work at a
surface coal mine or surface work area of an underground coal mine.
(r) Valid respirable dust sample means a respirable dust sample
collected and
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submitted as required by this part, and not voided by MSHA.
(s) Work position means an occupation identified by an MSHA code
number describing a location to which a miner is assigned in the
performance of his or her normal duties.