[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: 30CFR71.208]



[Page 441-442]

 

                       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 C_Sampling Procedures

 

Sec.  71.208  Bimonthly sampling; designated work positions.



    (a) Each operator shall take one valid respirable dust sample from 

each designated work position during each bimonthly period beginning 

with the bimonthly period of February 1, 1981. The bimonthly periods 

are:



    February 1-March 31

    April 1-May 31

    June 1-July 31

    August 1-September 30

    October 1-November 30

    December 1-January 31



    (b) When the respirable dust standard is changed in accordance with 

Sec. 71.101 (Respirable dust standard when quartz is present), 

respirable dust sampling of



[[Page 442]]



designated work positions shall begin on the first normal work shift 

during the next bimonthly period following notification of such change 

from MSHA.

    (c) Upon notification from MSHA that any respirable dust sample 

taken from a designated work position to meet the requirements of 

paragraph (a) or (b) of this section exceeds the applicable standard in 

Sec.  71.100 (Respirable dust standard) or Sec.  71.101 (Respirable dust 

standard when quartz is present), the operator shall take five valid 

respirable dust samples from that designated work position within 15 

calendar days. The operator shall begin such sampling on the first day 

on which there is a normal work shift following the day of receipt of 

notification.

    (d) Upon issuance of a citation for a violation of Sec.  71.100 

(Respirable dust standard) or Sec.  71.101 (Respirable dust standard 

when quartz is present) involving a designated work position, paragraphs 

(a), (b), and (c) of this section shall not apply to that designated 

work position until the violation is abated in accordance with Sec.  

71.201(d) (Sampling; general requirements).

    (e) The District Manager shall designate the work positions at each 

surface coal mine and surface work area of an underground coal mine for 

respirable dust sampling under this section. The District Manager shall 

designate for sampling each work position at the mine where an average 

concentration of respirable dust exceeding 1.0 milligram per cubic meter 

of air has been measured by one or more samples. Where the respirable 

dust standard is below 1.0 milligram per cubic meter of air in 

accordance with Sec.  71.101 (Respirable dust standard when quartz is 

present), the District Manager shall designate for sampling each work 

position where an average concentration of respirable dust exceeding the 

applicable standard has been measured by one or more samples.

    (f) The District Manager shall withdraw the designation of a work 

position for sampling upon finding that the operator is able to maintain 

continuing compliance with the applicable respirable dust standard under 

Sec.  71.100 (Respirable dust standard) or Sec.  71.101 (Respirable dust 

standard when quartz is present). This finding shall be based on the 

results of samples taken during at least a one-year period under this 

part and by MSHA.

    (g) Unless otherwise directed by the District Manager, designated 

work position samples shall be taken by placing the sampling device as 

follows:

    (1) Equipment operator. On the equipment operator or on the 

equipment within 36 inches of the operator's normal working position;

    (2) Non-equipment operators. On the miner assigned to the designated 

work position or at a location that represents the maximum concentration 

of dust to which the miner is exposed.

    (h) Each designated work position sample shall be taken on a normal 

work shift. If a normal work shift is not achieved, the respirable dust 

sample shall be transmitted to MSHA with a notation by the person 

certified in accordance with Sec.  71.202 (Certified person; sampling) 

that the sample was not taken on a normal work shift. When a normal work 

shift is not achieved, the sample for that shift may be voided by MSHA. 

However, any sample, regardless of whether a normal work shift was 

achieved, with a respirable dust concentration greater than 2.5 

milligrams per cubic meter of air will be used to determine the average 

concentration for that designated work position.