VOLUME V - COAL MINES
PART 71 .... MANDATORY HEALTH STANDARDS - SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES Subpart A .... General
71.1 Scope
In shaft and slope sinking operations, Part 71 is applicable until the coal bed is reached and actual mining begins in the coal bed. Furthermore, the contractor who develops the shaft will be permitted to "bell out" or enlarge the bottom of the shaft before the applicable regulations, set forth in Part 70,become applicable.
Subpart B .... Dust Standard
71.100 Respirable Dust Standard
This provision applies to respirable dust as defined by 30 CFR 71.2(k) and collected in accordance with the requirements of 30 CFR part 71.
Exposures to airborne contaminants as specified in 30 CFR 71.700 will be monitored through sampling specified by 30 CFR 71.701.
71.101 Respirable Dust Standard When Quartz is Present
For specific policy applicable to this Section, refer to Section 70.101.
Subpart C .... Sampling Procedures
71.201 Sampling; General Requirements
For specific policy applicable to paragraphs (b), (c) and (d)of this Section, refer to Section 70.201 (b), (c) and (d).
The purpose of the waiver provision addressed by paragraph (e) of this Section is to enable an operator to anticipate wet weather seasons that may affect bimonthly sampling requirements.Therefore, it would not be proper to grant a waiver to an operator who experienced several days of wet weather within a bimonthly period. In this instance, the operator could have collected his bimonthly samples prior to the wet weather or after the wet weather occurred. Because of this, operators should be encouraged to collect samples as early as possible in a bimonthly period.
However, this does not preclude an operator from making a verbal request and being given a verbal response if both actions are followed up in writing. In cases where a verbal request is made and a waiver is granted based on this request, detailed notes are to be kept and filed with the written request once it is received.
In cases where rain does occur, it may still be a "normal work shift" as long as the rainfall during the shift does not suppress respirable dust to the extent that the sampling results will be measurably lower than if it had not rained. This judgment is made by a person certified in accordance with 71.202 (Certified person; sampling). When rainfall has not measurably affected the sampling results, a notation on the dust data card is not required.
In cases where rainfall occurs to the extent that it suppresses respirable dust, the certified person is required to make this notation on the dust data card unless the operator has a waiver of the rainfall provision. If the operator has a waiver of the rainfall provision, he shall submit the sample without placing this notation on the card.
In most instances, the respirable dust affecting employees working in surface facilities or structures is not affected by rainfall. Therefore, the waiver of the normal work shift provisions is not applicable to these occupations. In contrast,if the respirable dust affecting employees working on enclosed surface mobile equipment is affected by rainfall, the waiver provision of a normal work shift is applicable.
71.204 Approved Sampling Devices; Maintenance and Calibration
(d) For specific policy applicable to this Section, refer to 70.204(d).
71.205 Approved Sampling Devices; Operations; Air Flow rate
(c) For specific policy applicable to this Section, refer to 70.205(c).
71.208 Bimonthly Sampling; Designated Work Positions
(b) This Section establishes when an operator is required to begin bimonthly sampling of designated work positions after the dust standard has been changed because of the presence of excessive levels of quartz dust. It applies only to the bimonthly period immediately following notification by MSHA and not to any subsequent bimonthly periods.
As with designated work positions, whenever a non designated work position on a reduced dust standard changes to a nonproducing status and then, at a later date, becomes producing again, the reduced standard still applies to that entity.
(c) For specific policy applicable to this Section, refer to 70.208(c). Substitute "normal work shift" for "production shift"when applying the interpretation of 70.208(c) to this Section.
(e) At the completion of each MSHA sampling inspection at a surface mine or surface work area of an underground mine, the sampling results are to be reviewed. If the results of samples from work positions meet the criteria for designating them for sampling, they are to be added to the computer's data base as designated work positions in "A" status (producing). A designated work position must be first established on the database before operator sampling can be credited.
(f) The following criteria are to be used by District Managers when withdrawing the designation of a work position from sampling:
- DWP's with a standard between 1.0 and 2.0 mg/m3 of air:
- Each of the valid respirable dust samples collected from the DWP by the operator during a 1-year period indicates a respirable dust concentration at or below 1.0 mg/m3 of air;
- At least one valid sample has been collected from the same DWP within the same 1-year period by MSHA, and,
- Each respirable dust sample taken by MSHA indicates a respirable dust concentration at or below 1.0 mg/m3 of air.
- DWP's with a standard less than 1.0 mg/m3 of air:
- Each of the valid respirable dust samples collected from the DWP by the operator during a 1-year period indicates a respirable dust concentration at or below the applicable standard;
- At least one valid sample has been collected from the same DWP within the same 1-year period by MSHA; and,
- Each respirable dust sample taken by MSHA indicates a respirable dust concentration at or below the applicable standard.
- DWP's with a standard less than 1.0 mg/m3 of air:
- Each of the valid respirable dust samples collected from the DWP by the operator during a 1-year period indicates a respirable dust concentration at or below the applicable standard;
- At least one valid sample has been collected from the same DWP within the same 1-year period by MSHA; and,
- Each respirable dust sample taken by MSHA indicates a respirable dust concentration at or below the applicable standard.