[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: 30CFR71.209]



[Page 442-443]

 

                       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.  71.209  Respirable dust samples; transmission by operator.



    (a) The operator shall transmit within 24 hours after the end of the 

sampling shift all samples collected to fulfill the requirements of this 

part in containers provided by the manufacturer of the filter cassette 

to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health 

Technology Center, Cochran Mill Road, Building 38, P.O. Box 18179, 

Pittsburgh, Pennsylvania 15236-0179, or to any other address designated 

by the District Manager.

    (b) The operator shall not open or tamper with the seal of any 

filter cassette or alter the weight of any filter cassette before or 

after it is used to fulfill the requirements of this part.



[[Page 443]]



    (c) A person certified in accordance with Sec.  71.202 (Certified 

person; sampling) shall properly complete the dust data card that is 

provided by the manufacturer for each filter cassette. The card shall 

have an identification number identical to that on the cassette used to 

take the sample and be submitted to MSHA with the sample. Each card 

shall be signed by the certified person and shall include that person's 

certification number. Respirable dust samples with data cards not 

properly completed will be voided by MSHA.

    (d) All respirable dust samples collected by the operator shall be 

considered taken to fulfill the sampling requirements of part 70, 71 or 

90 of this title, unless the sample has been identified in writing by 

the operator to the District Manager, prior to the intended sampling 

shift, as a sample to be used for purposes other than required by part 

70, 71 or 90 of this title.

    (e) Respirable dust samples received by MSHA in excess of those 

required by this part shall be considered invalid samples.



(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))



[45 FR 80756, Dec, 5, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 58 

FR 63529, Dec. 2, 1993; 60 FR 33723, June 29, 1995; 60 FR 35695, July 

11, 1995]