[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



[[Page 439]]



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.