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Issue I: Permissible Exposure Limits

Issue II: Controls Needed to Comply with Permissible Exposure Limits

    Recommendation Status * Synopses of Agency Actions
No. 1
A
Consider lowering the level of allowable exposure to coal mine dust.
R
MSHA is reviewing the NIOSH Criteria Document which recommends lowering the PEL to less than 1.0 mg/m3.
 
B
In the interim, develop program to assure compliance with current Permissible Exposure Level (PEL).
C
Expanded MSHA sampling beyond once annually to 75% of nation's coal mines.
     
O
Initiated new program involving monthly spot inspections at mines. [12/97]
     
O
Revised criteria for identifying mines requiring special health enforcement activity.
     
O
Instituted program to analyze inspector lowweight samples for quartz. [4/95]
     
O
Distributed 'DataRAM RealTime Aerosol Monitor' for dust surveillance at surface mines and facilities. [4/97]
     
O
Developed & distributed ‘Health Hazard Information' cards.
     
O
Issued directive & hazard information card re: Performing Onshift Exams. [6/97]
     
O
Issued directive re: Maintenance of roof bolter dust controls & scubbers. [6/97]
     
C
Issued directive re: Followup inspections on samples w/>100 #181;1g/m3 Qtz. [6/97]
     
C
Drafted Federal Register notices on use of single samples for noncompliance determinations. [9/97]
     
O
Initiated "Silica Awareness Campaign" [11/94] and special emphasis program to eliminate Black Lung. [12/97]
     
C
Conducted surface sweep to evaluate compliance w/ new drill dust standard. [4/97]
     
C
Issued directive re: Sampling of contractor & construction sites. [6/97]
No. 2 A Develop & enforce separate PELs for exposure to silica & coal mine dust
O
Initiated rulemaking on separate silica PEL. [8/97]
  B Exposure limits for mixtures of silica and coal mine dust.
R
 
No. 3 A Lower silica exposure of miners (comply w/current PEL).
C
See 1B.
     
 
Completed health screening of some 1500 surface miners in PA, WV and OK between 1994 and 1997.
  B Review adequacy of current PEL for silica.
O
Held stafflevel discussions with NIOSH officials re: agency response. [6/97]
  C Confirm accuracy of silica analytical procedure.
O
MSHA's Pitts. lab received AIHA Industrial Hygiene lab accreditation. [11/97]
No. 4 A Continue to retain primacy of environmental controls as primary means of maintaining compliance.
C
Required by Mine Act.
No. 5 A Develop administrative review process for approving plans.
P
Drafted directive re: Procedures for Reviewing, Changing, Evaluating and Approving Respirable Dust Controls Parameters Contained in Underground Coal Mine Ventilation Plans. [11/97] Directive to be issued during 1st qtr. 1998.
     
 
Issued directives re: Respirator protection programs [5/95] and distributed dust control handbooks. [9/97]
  B Define required range of production levels during plan verification.
O
Require increased production level during sampling as part of new "pilot" program in assessing compliance.
  C Develop criteria when a plan should be modified & verified.
P
Drafted directive re: Procedures for Reviewing, Changing, Evaluating and Approving Respirable Dust Control Parameters Contained in Underground Coal Mine ventilation Plans. [11/97] Directive to be issued during 1st qtr. 1998.
  D Require operator to collect samples to verify plan adequacy.
O
Initiated rulemaking to require operators to verify adequacy of plans. [8/97]
  E Independent MSHA sampling to verify operator's plan.
R
Requires new policy after rulemaking.
  F Dev. performance requirements for operator monitoring of plan adequacy.
R
 
  G Operator records dust results & dust control parameters & production.
C
Posting of operator dust and associated production data currently required by regulation.
  H Operator performs onshift exams & maintains records.
C
Issued directive & hazard information card re: Performing Onshift Exams. [6/97]
  I Operator to correct deficiencies if not complying w/ventilation plan.
C
Required by regulation. Also issued new directive and hazard information card re: Performing Onshift Exams. [6/97]
  J Operator review plan adequacy & upgrade to achieve and maintain compliance.
C
Bimonthly samples used by MSHA to verify the continued adequacy of dust control parameters. If samples show noncompliance, MSHA may require the plan to be upgraded. Analysis may also trigger follow-up sampling by MSHA to evaluate plan adequacy.
  K MSHA reviews recorded data, dust conc., controls in place, & miner input regarding representativeness of controls & production.
C
Required by current inspection procedures, except for miner input.
  L MSHA examines operational data, dust levels & dust controls in place as part of on-going & 6-month reviews of ventilation plans.
P
Drafted directive re: Procedures for Reviewing, Changing, Evaluating and Approving Respirable Dust Controls Parameters Contained in Underground Coal Mine Ventilation Plans. [11/97] Directive to be issued during 1st qtr. 1998
No. 6   103(f) walkaround rights during MSHA plan reverification.
C
Walkaround rights available if reverification is performed as part of an inspection.
No. 7 A Specify circumstances when plans are needed for surface operations.
C
Dust control plan required by regulation following abatement of dust violation.
  B Develop plan parameter guidelines for surface dust control plans.
P
Drafted directive re: Availability of dust controls & practices for surface operations.
  C Develop process for verification of surface dust control plans.
 
 
    --by mine operators
R
 
    --by MSHA
P
Drafted directive re: Procedures for reviewing, approving & verifying plans.
  D Conduct dust surveillance at surface facilities & surface areas of u.g. mines.
O
Dust surveillance being conducted once annually under current policy. Frequency of sampling being expanded to twice annually in six districts under a pilot program.
  E Require surface dust control plans when dust conc. are at or above 1/2 the PEL.
R
 
  F Plan should be verified as part of operator's daily inspection requirements of 77.1713.
R
 

* Status Codes:
C - Effort(s) to address recommendation completed.
P - Effort(s) completed but review & approval pending.
O - Effort(s) ongoing.
R - Requires rulmaking.