End Black Lung Frequently Asked Questions
These Frequently Asked Questions, received from stakeholders at meetings and via email, will be updated on an ongoing basis.
If you have questions not answered here, please submit them to askMSHA@dol.gov.
Access FAQs about Phase II Requirements (February 1, 2016)
Access FAQs about Phase II Requirements (February 1, 2016)
- Respirable Dust Standard
- 1. Does the respirable dust standard remain at 2.0 mg/m3 on August 1, 2014? (70.100, 71.100, 90.100)
- On August 1, 2014, the respirable dust standard remains at 2.0 mg/m³. The respirable dust standard will be lowered to 1.5 mg/m3 on August 1, 2016.
- 1. Does the respirable dust standard remain at 2.0 mg/m3 on August 1, 2014? (70.100, 71.100, 90.100)
- 2. Under the final rule, when the respirable dust standard is changed due to the presence of quartz, the new standard becomes effective 7 calendar days after the date of notification of the change by MSHA. What is the “date of notification”? (70.208, 70.209, 71.206, 90.207)
- The “date of notification” is the date on the data mailer that MSHA sends, via U.S. mail, to operators informing them of the quartz analyses.
- 1. When are mine operators required to use a control filter with the gravimetric sample (CMDPSU)? Are control filters required for every sample collected? Will this affect sampling the outby designated area (DA)?
- Starting August 1, 2014, mine operators are required to use a control filter with each gravimetric sample (CMDPSU) collected. For instance, if a mine has 4 mechanized mining units (MMUs) and four gravimetric samples are taken for the designated occupations (DOs) then four control filters are required. For outby DAs, if one gravimetric sampler is placed in the outby area then one control filter is needed. If the outby DAs are located along a beltline with two or three outby DAs present, the operator can sample all of the DAs on the same shift and day and use one control filter to represent the outby area. The control filter must remain in the outby area for the entire shift.
- A control filter is required as part of the sampling process to ensure the accuracy of the sample. The control filter allows for correction of any error that may be related to how the sample is handled during the sampling shift. The control filter is the same type of filter used for collecting the sample so the cost is the same. The only difference is how the 2 filters are handled as explained in the rule.
- The approved gravimetric sampler with a fully-charged battery should operate for a 10-hour shift. If a sampler does not operate for the full shift, you should switch out the sampling pump at the sampling location. This pump exchange must be performed by a person certified in sampling.
- When two samplers are used at the same location and at the same time, and the inlets are separated by only a few inches, there will be variability, or differences in measured concentrations, related to location even when the samplers are identical, i.e., 2 CMDPSUs or 2 CPDMs, or when a CPDM and a CMDPSU are used. This variability does not affect the accuracy of the samplers. MSHA and NIOSH jointly approved the CPDM under 30 CFR Part 74 for use in underground coal mines, and determined that the device was accurate, precise, reliable, and durable under in-mine conditions.
- The use of the CPDM is a valuable tool that may be used in determining whether the respirable dust controls in use are adequately protecting miners. Miners and mine operators can use the data from the CPDM to assess the effectiveness of dust controls in different mining conditions and make adjustments to the controls or mining system to prevent miners from overexposure to respirable coal mine dust. For the CPDM to be used effectively as an engineering tool, the operator should use the CPDM more than just during operator or MSHA sampling. The District Manager will look closely at the mine’s ventilation plan to determine whether the plan adequately addresses the controls used. If the operator uses controls to maintain dust levels to achieve compliance with the standard based on the CPDM data, and those controls are not included in the ventilation plan, then the District Manager would consider requiring those controls in ventilation plan revisions, if necessary.
- Yes. The control filter cassette is removed from the plastic bag but remains capped during sampling, either underground or on the surface.
- No. There is no tamper-resistant seal on the end caps from the factory.
- You will need to contact your distributor or Zefon, the dust cassette manufacturer, to get a blank card to attach to the old dust data cards. New dust data cards are included with cassettes manufactured since the second quarter of 2014.
- The mine operator, as part of the respirable dust sampling program, must ensure that the control filter cassette has remained capped during sampling.
- Yes. Since the final rule requires sampling for the full-shift, the mine operator must switch-out the unit’s sampling pump before the battery fails to avoid having to sample an additional shift. The total minutes of sampling times for the two pumps will need to be added and submitted on the dust data card.
- No. As with the previous rule, a certified person must examine the CMDPSU during the second hour of operation and a certified person must examine the CMDPSU during the last hour of operation prior to completing the dust data card. MSHA recommends that the same person conduct both examinations to ensure that the operator has an opportunity to include information on events during sampling that may affect the validity of the sample.
- You should notify the District Manager orally and in writing of any CPDM failure which prevents sampling and include an explanation of the failure and expected repair time.
- If you would like to begin sampling DAs or DWPs using the CPDM, you must notify the District Manager in writing that only a CPDM will be used for all DA sampling or for all DWP sampling at the mine. The notification must be received at least 90 days before the beginning of the quarter in which the CPDM will be used. If you want to change back to the CMDPSU, you should notify the District Manager in writing and MSHA should receive the notification at least 90 days prior to the beginning of the quarter in which the CMDPSU will be used. You must use the same type of sampling device for all DAs in the mine, and the same type of sampling device for all DWPs in the mine.
- 1. Is sampling required at preparation plants? (71.1, 71.206)
- Yes. The sampling requirements in 30 C.F.R. part 71 apply to all surface coal mines and surface work areas of underground coal mines.
- MSHA is not changing current procedures for sampling DWPs. The sampler stays with the DWP. If that DWP is assigned other duties because the bulldozer breaks down, the sampler goes with that DWP.
- The final rule requires each highwall drill operator to be sampled since historical sampling data and MSHA experience indicate that these positions have the greatest potential of being overexposed to respirable quartz and respirable coal mine dust. Bulldozer operators are DWPs since they have similar risks and need additional protection. However, under the final rule, some bulldozer operators could be exempt from sampling requirements. Mine operators with multiple bulldozer operators must sample the DWP exposed to the greatest respirable dust concentration in each work position performing the same activity or task at the same location at the mine and exposed to the same dust generation source.
- No, the miner’s name is not required. Under section 71.206(d), an operator must provide the District Manager with a list identifying the specific work positions where DWP samples will be collected.
- By October 1, 2014, mine operators must provide the District Manager with a list identifying the specific work positions where the DWP samples will be collected. MSHA will assign a DWP number to each entity submitted by the mine operator and will notify the mine operator.
- No, a DWP is not dependent on the amount of time it is operated. The DWPs are designated in the final rule and include highwall drill operators, bulldozer operators and any other work positions designated by the District Manager.
- Each highwall drill operator is a DWP and must be sampled at the mine where it operates, even if it operates for only one shift.
- DWP samples are not required on all shifts. If a mine operator has a highwall drill that is operated on three shifts, the mine operator is required to collect one sample from that DWP on one shift per quarter.
- If each bulldozer operator at a mine site is performing a different function, each bulldozer operator must be established as a DWP in accordance with section 71.206(c)(2). For example, if one bulldozer operator pushes overburden and another bulldozer operator performs reclamation work at the same location then each bulldozer operator is a DWP. However, in accordance with section 71.206(d), if multiple bulldozer operators push overburden and multiple bulldozer operators perform reclamation work, then the mine operator must sample one bulldozer operator exposed to the greatest concentration of respirable dust pushing overburden and one bulldozer operator exposed to the greatest concentration of respirable dust performing reclamation work.
- All currently established DWPs will continue as DWPs on August 1, 2014.
- Sampling is based on the DWPs at each mine. If a highwall drill operator and a bulldozer operator work at multiple pits at your mine, the highwall drill operator is one DWP and the bulldozer operator is one DWP. You will need to collect one sample from each DWP at the mine.
- The District Manager may, under section 71.206(m), designate additional work positions for sampling at a surface coal mine and at a surface work area of an underground coal mine where a concentration of respirable dust exceeds 50 percent of the standard in effect at the time the sample is taken, or exceeds 50 percent of the reduced standard when quartz is present.
- The rule requires that all highwall drill operators be sampled as DWPs. At least one bulldozer operator must be sampled as a DWP and the mine operator must contact the District Manager regarding a change of DWP status.
- If a load-out operator runs a bulldozer for seven hours a day and then operates a loader for stockpile refills, the designated work position is the bulldozer operator. The DWP must be sampled for the full shift and includes normal duties.
- If reclamation work is done at a mine, then the operator must sample the DWPs listed in the final rule which include bulldozer operators and other work positions designated by the District Manager.
- Yes, the mine operator must report a change in operational status each time the equipment is moved off mine property. The status change has to be reported within three working days after the equipment leaves mine property.
- On notification from MSHA that a DWP sample exceeds the standard, the operator must, within 15 calendar days of notification, sample the DWP on each normal work shift until five samples are taken in accordance with section 71.206(g). If the DWP leaves the mine site before all five samples are collected (e.g., two out of five samples were collected), the mine operator must report a change in operational status and continue sampling the DWP on the first shift the DWP returns until five valid representative samples are taken.
- If you have a DWP that is out of compliance on the surface, you must submit a separate dust control plan for that entity within 15 days after termination of the citation in accordance with section 71.300. Under section 71.301, the District Manager will approve this dust control plan.
- If a sample from the bulldozer operator exceeds the standard and the bulldozer is moved to another location either on or off the mine, the five additional DWP samples will be taken on the bulldozer or bulldozer operator working closest to the location or activity that was being performed when the standard was exceeded.
- By October 1, 2014, the final rule requires each mine operator to provide the District Manager a list identifying the work positions where DWP samples will be collected. MSHA will review the list and may designate additional bulldozer operators as DWPs.
- Mine operators at surface mines (including facilities) and at surface areas of underground mines may continue to use the gravimetric sampler (CMDPSU).
- 1. If a miner does not complete the normal shift for the occupation, does the Sampling Device stay with the miner or does the device transfer to the machine? (70.201)
- MSHA requires sampling of occupations at underground coal mines for the full shift. For example, if a miner operating a continuous mining machine leaves the working section before the normal shift for that occupation ends, than the Sampling Device is transferred to the miner who takes over the operation of the continuous mining machine. The Sampling Device stays with the occupation throughout the entire shift.
- If a mine operator has completed bimonthly sampling of MMUs under the existing standards by August 1, 2014, the existing sampling requirements are satisfied. The first bi-monthly sampling period of MMUs under the new rule is September 1-October 31, 2014.
- If you are using blowing face ventilation or you have split ventilation providing air to both units, you must sample the shuttle cars as ODOs. Each ODO must be sampled with that MMU. If there is a shuttle car that travels between both MMUs during production, an operator must sample that shuttle car according to one of the following sampling procedures: 1) The shuttle car that travels between each MMU can be given a unique number so that it can be identified as the shuttle car that services both MMUs. Under this sampling procedure, the operator of the shuttle car that travels between each MMU can wear one CPDM, both MMUs’ shuttle cars must be sampled at the same time; or, 2) The operator can sample all shuttle cars on one MMU and then sample all shuttle cars on the other MMU. Under this sampling procedure, sampling does not occur at the same time and the shuttle car that travels between both MMUs is sampled twice.
- The need to sample shuttle cars on blowing face ventilation is because these occupations are in the return air from the continuous mining machine and are subject to exposure to higher concentrations of respirable dust.
- The rule requires that MSHA be notified of a change in operational status that affects sampling of the mechanized mining unit (MMU). MSHA must be notified within 3 working days after the status change has occurred. If you notify MSHA that this MMU is in nonproducing status, then the consecutive shift sampling will be put on hold. Once the equipment is repaired and you begin operating the MMU, you must notify MSHA that the MMU is back in producing status. You must immediately resume your consecutive shift sampling to obtain the 15 samples required. This process allows you to resume the consecutive shift sampling requirement where you left off.
- Rock dust is required to prevent coal mine dust explosions. The respirable dust samples from underground mines do not reflect an increase in respirable dust levels with rock dusting increases since 2010. Rather, the average respirable dust concentrations have been dropping steadily since 2010. Mine operators should obtain from suppliers rock dust that has as little respirable size particles as possible and exercise care in the application of the rock dust to limit the exposure of miners who are working downwind. These actions will reduce or eliminate the potential impact on respirable coal mine dust levels.
- There are no requirements that specify distances for placement of the control filters. The control filter needs to remain in the area being sampled. One control filter may be used for multiple DAs as long as the DAs are in the same area. Example: There are 4 DA sampling points along #1 main line belt conveyor. This main belt conveyor travels in a straight line directly into the mine and utilizes one common belt air dump point. Mine conditions do not vary along this beltline; therefore, one control filter can be used for all DAs located along this main beltline. If, however, a section beltline branches off of the main beltline, traveling in a different direction and using a different belt air dump point, a separate control filter would be needed for DAs located along the branch beltline.
- The first bimonthly sampling period for DOs under the final rule is September 1-October 31, 2014. Mine operators must take 5 samples from the DO on each MMU. As with the old rule, these samples can be collected on consecutive shifts or on consecutive days.
- DAs in sampling status (i.e., “sampling required”) must continue to be sampled. Beginning August 1, 2014, DAs in non-sampling status (i.e., “sampling not required” status) will be re-evaluated by the District Manager on a case-by-case basis. MSHA’s procedure is unchanged. When a sample collected by MSHA is found to exceed 50 percent of the applicable standard and the DA is not being adequately protected by existing dust control measures, the District Manager should establish an additional DA.
- As with the previous rule, under final section 70.206(a), mine operators must collect five bimonthly samples from the DO on each MMU on consecutive normal production shifts or normal production shifts each of which is worked on consecutive days. For mines with a 9-hour day shift consisting entirely of production and a second 9-hour shift consisting of 4 hours of production and 5 hours of maintenance, you should conduct the bimonthly sampling of the 9-hour shifts consisting entirely of production on consecutive days and only those production shifts should be used in determining the tonnage for each shift. You would not conduct bimonthly sampling on the 9-hour shifts consisting of 4 hours of production and 5 hours of maintenance.
- Yes, the District will notify mine operators of ODOs, with the appropriate entity numbers, to be used for quarterly ODO sampling. These ODOs will be submitted by the operator in a revision to the approved ventilation plan prior to the first full sampling quarter that begins April 1, 2016.
- After February 1, 2016, only ODOs that have been specified by the District Manager as ODOs and identified in the approved mine ventilation plan under § 70.208(a)(2) may be considered for removal of ODO status. The mine operator should submit a removal request in writing. Factors the District Manager may consider in removal of an ODO include: (1) whether MSHA and operator valid representative samples taken for that entity in the 12 months preceding the request show that all samples are less than 50% of the applicable standard; or (2) the occupation has been removed from the mine and will no longer be used.
- Operators should make good-faith efforts to complete all DO and ODO sampling every quarter. If, for example, an MMU is non-producing for a portion of the quarter, MSHA will evaluate that operator’s sampling in determining whether it was feasible to conduct required sampling. (70.208)
- Samples taken and submitted out of sequence will be voided.
- No. On February 1, 2016, DAs must be sampled quarterly on consecutive production shifts. A “production shift” with regard to a DA is defined under section 70.2 as “a shift during which material is produced and routine day-to-day activities are occurring in the DA.”
- At the beginning of a shift, the length of time that a DO or an ODO is scheduled to work on that particular shift must be entered into the CPDM even if the time is longer than the regularly scheduled shift.
However, if the operator makes the decision to assign the miner additional hours after the shift begins (for example, due to an unexpected equipment failure that occurs during the shift), the operator is not required to continue sampling for the unanticipated additional hours worked.
- 1. Can operators do optional quartz sampling after 8/1/14? (70.100, 70.101)
- Starting August 1, 2014, MSHA will no longer accept operator quartz samples for analysis. MSHA will analyze only MSHA inspector samples for quartz to establish the dust standard.
- No. Quartz will be addressed as it is under the existing standard, that is, through a reduced dust standard.
- Yes, on August 1, 2014, Excessive Concentration Values (ECV) will be used to determine compliance on all respirable dust samples.
- No. Under the final rule, when the respirable dust standard is changed due to the presence of quartz, the new reduced standard becomes effective 7 days after the date of notification of the new standard by MSHA.
- The final rule does not change MSHA’s procedure for evaluating compliance with a reduced respirable dust standard. The sample will be subject to the standard in effect on the day the MSHA sample was taken.
- Yes, MSHA will use gravimetric samplers when analyzing sampling results for quartz.
- If a reduced standard is in effect on July 31, 2014, the same reduced standard is in effect on August 1, 2014.
- MSHA samples will be analyzed for quartz once each quarter.
- A reduced standard is based on the formula in the final rule which is the same formula in the existing standards. The standard in the final rule is designed to limit a miner’s exposure to respirable quartz to 0.1 mg/m3 (100 µg/m3) based on the existing 2.0 mg/m3 respirable dust standard.
- 1. What are the ECVs? Why are there so many different ECVs? (70.206, 70.207, 70.208, 70.209, 71.206, 90.207)
- The ECVs (Excessive Concentration Values) are the levels which have been determined to show, with 95% confidence, that a single sample or the average of a specific number of samples has exceeded the applicable respirable dust standard. There are 2 ECV tables in parts 70, 71, and 90. Tables 70-1, 71-1 and 90-1 apply to single full-shift samples using either the gravimetric (CMDPSU) or CPDM sampler. Tables 70-2, 71-2 and 90-2 apply to averages of more than one single full-shift sample using either the CMDPSU or CPDM.
- Acceptable corrective actions that would lower dust exposures are determined by the mine operator based on an evaluation as to the cause of the high dust concentration. In most cases, corrective actions include increasing air, water pressure or water sprays; replacing or unplugging water sprays and tightening ventilation controls; more frequent checking and cleaning of dust filters or dust collectors; or a different placement of ventilation controls or water sprays; or repositioning of a miner. It may require increased checking of the dust controls during the shift to make sure they are in place. It could be monitoring with CPDMs to identify what may be causing excessive dust levels and correcting the conditions found. These are examples of the several options for mine operators to consider.
- When you receive notice from MSHA of the sampling results.
- If multiple MSHA samples taken at roughly the same time indicate overexposures, MSHA will evaluate the dust generation sources. If the dust is generated from a common source (i.e., the operation of the continuous mining machine), then one citation would be issued listing all overexposures in the citation. However, when dust is generated from multiple sources requiring multiple corrective actions, then more than one citation may be issued. For an MMU using split ventilation, if excessive dust levels are found on two occupations (e.g., the shuttle car operator and the roof bolting machine operator) that operate in different splits of intake air, then two citations would be issued. Both citations would require corrective actions to reduce dust levels in the two different areas of the MMU.
- It depends on the conditions or circumstances. Dust control parameters in the approved Mine Ventilation Plan, including revised parameters that reflect control measures to abate the citation must be followed by the mine operator. Such measures may involve more air; more water pressure; addition of water sprays or changes in spray design, patterns or locations; improved dust filtering; adding shield tip sprays or shield mist sprays for shield tops; using water infusion in coal blocks to be mined; and other engineering controls.
- Yes. The corrective action can consist of new technology. The corrective action must be recorded in a book. The mine operator is in the best position to decide if the ventilation plan needs to be revised to incorporate the new technology.
- Providing training to a miner may be considered a corrective action. Engineering controls and work practices such as repositioning a miner may be used to address any sample that meets or exceeds the ECV. Under some circumstances, miners may need additional training if they have failed to use appropriate controls already provided or have used those controls ineffectively. For example, retraining a miner on how to properly hang a ventilation curtain may be a corrective action if it results in lowering the dust concentration to the standard.
- The results of the On-Shift Examinations required by the final rule will provide mine operators with additional information on the type of corrective actions needed. Mine operators are in the best position to know, and evaluate what the conditions were at the time of the sampling. Mine operators will be able to review the On-Shift Examination record of the shift on which the excessive dust concentration occurred. This review will help mine operators identify the cause of the excessive concentration when sampling was conducted so that immediate corrective actions can be taken to eliminate the problem.
- The final rule requires that you: (1) provide respiratory protection to affected miners,(2) take immediate corrective action to comply with the respirable dust standard, (3) record the corrective action taken, and (4) begin sampling within 8 days after the citation is issued. The citation will be terminated when each of the required abatement samples complies with the respirable dust standard. At underground coal mines, revised dust control parameters as part of the Mine Ventilation Plan must be submitted and approved by MSHA.
- No. Respirator training is required that includes the care, fit, use, and limitations of each type of respirator that is made available.
- Unless you have notified MSHA and received an extension of time, it is a violation.
- No. However, if the corrective action taken after one sample meets or exceeds the ECV is a type of control that should be implemented on all shifts to maintain dust levels to comply with the standards, then this action should be included in the Mine Ventilation Plan.
- A ventilation plan revision is required after a citation is issued. To terminate the citation, the operator must take five valid representative samples that are all at or below the applicable standard, the operator must submit to the District Manager revised dust control parameters as part of the Mine Ventilation Plan, and the revisions must be approved by the District Manager. The revised parameters must show the control measures used by the operator to lower the concentration to at or below the standard.
- No. The operator needs to submit a respirable dust control plan specific to the DWP to the District Manager if a citation is issued and terminated.
- No. The mine operator will not be cited if the corrective action is not in the mine ventilation plan.
- It depends on the circumstances. If you determine that this corrective action is necessary to continuously maintain dust levels below the ECV, the corrective action taken should be included as part of the mine ventilation plan. However, if you determine that the corrective action is not needed to continuously maintain dust levels below the ECV, the corrective action does not have to be included in the ventilation plan.
- The corrective actions are adequate if the results are in compliance with the respirable dust standards. The standards require that if a sample exceeds the ECV, the operator must immediately take corrective action to lower the dust level to the standard. However, if the gravimetric sampler (CMDPSU) is used for sampling, the operator must take the corrective action after MSHA notifies the operator of the sampling results. If using a CMDPSU, operators can re-sample to confirm compliance. If a CPDM is used, the operator will know the results at the end of the sampling shift.
- If one out of the five bimonthly gravimetric (CMDPSU) samples exceeds the ECV, the mine operator must take corrective action to lower the concentration of respirable dust to the standard. The operator should review the on-shift record to determine the cause of the overexposure and what, if any, appropriate corrective action is necessary. If none of the remaining 4 samples exceed the ECV, the mine operator does not have to repeat sampling.
- Beginning August 1, 2014, the final rule changes the method of averaging operator samples for determining noncompliance. Under the final rule, noncompliance is determined when 2 or more representative samples meet or exceed the ECV or the average of all operator bimonthly samples meet or exceed the ECV, but not both. For samples collected by MSHA inspectors, noncompliance determinations will be based on single full-shift samples.
- MSHA will use any MMU or DWP sample that exceeds the standard by at least 0.1 mg/m3 in determining compliance.
- If MSHA arrives to conduct sampling during the operator’s sampling of the same entity, MSHA will request that the operator not sample that shift and instead allow MSHA to conduct its sampling for that shift. MSHA will document its request so that the operator is not penalized for failure to sample on consecutive shifts.
- MSHA will usually wait until the operator has submitted all valid representative samples before making a noncompliance determination.
- 1. What controls does MSHA think I can use to lower the dust levels in my mine? I am doing all I can now. (70.206, 70.207, 70.208, 70.209, 71.206, 90.207)
- Existing engineering controls are available that can be used to reduce the respirable coal mine dust concentrations in the mine. MSHA has reviewed the engineering controls in use on many inspection surveys to evaluate whether using additional engineering controls would have likely reduced the dust concentration to levels at or below the standard. Survey results indicated that additional or adjustment to controls would likely reduce respirable dust concentrations. MSHA determined that many MMUs could: increase air quantity, air velocity, the number of water sprays, and water pressure; change the type of sprays and/or direction of sprays, balance the quantity of air delivered to the face with the scrubber air quantity; change the type of screen that is used in the scrubber system, and/or change from blowing face ventilation to exhausting face ventilation. Changing dust controls was an option at all MMUs that MSHA reviewed. On some MMUs that used blowing face ventilation and a scrubber, the air quantity provided was less than the scrubber air quantity, causing an imbalanced system and the potential for respirable dust overexposures. Because the amount of air available at the last open crosscut will be greater than at the face, the air could easily be increased at the face to provide greater protection of miners' health. The number of water sprays, while important, is not the only spray variable affecting dust control; the location, flow rate, spray pattern, and droplet size are variables that impact dust levels where miners work. MSHA will provide compliance assistance on dust controls that are available and practical and hold workshops for interested stakeholders to disseminate this information.
- The Mine Act requires that mine operators provide miners with a safe environment. The Mine Act specifically states, “Use of respirators shall not be substituted for environmental control measures in the active workings.” MSHA believes that reducing the amount of dust miners are exposed to is the best way to ensure a healthful work place for miners, as the Mine Act requires. Operators are not only allowed to use respirators as a supplemental control, they are required to make NIOSH-approved respiratory equipment available to all miners affected by an overexposure as determined by either an MSHA- or operator-collected respirable dust sample. Personal protective equipment, such as airstream helmets or respirators, are supplemental controls that operators may use, but they are not a substitute for engineering controls – and engineering controls exist and are used today that can maintain respirable dust levels at or below the standard.
- 1. The rule says I have to record the amount of material produced on each MMU during each production shift. How am I supposed to determine that without belt scales? (70.201)
- The final rule requires that the production of material be recorded for each MMU on each shift. If you do not have scales located to provide that information, then an alternative method must be used. An alternative method may be to determine during each shift the distance of advance along with a calculation to transform that distance into tonnage based on the material being mined (total material including coal and rock).
- *Revised July 1, 2014: Under section 70.201(g), the operator is required to record the amount of run-of-mine material (coal and rock) produced by each MMU during each shift. Zero production will not be included to establish the 30-shift average for determining a normal production shift. The 30-shift average represents typical production levels and mining conditions.
- As with other existing MSHA Recordkeeping requirements, an equivalent mine official is any person with authority, who is informed of mine conditions, and who can implement any necessary changes to maintain compliance with respirable dust standards.
- A secure record book is one that is not susceptible to alteration. MSHA does not issue record books.
- Yes, you are allowed to electronically record the shift length and production for each shift provided the records are secure and not susceptible to alteration.
- As with other existing MSHA Recordkeeping requirements, the regulations require that these records must be made readily available to MSHA inspectors.
- Yes, the certified person who assembles the sampling pumps does not need to be the same certified person who conducts the On-Shift Examination.
- Correct.
- Under part 70, underground mine operators must keep records of the length of each production shift for each MMU and the amount (tonnage) of run-of-mine material produced by each MMU during each production shift.
- 1. I am currently certified by MSHA to collect samples. Do I have to attend a class and pass the test to be certified again? How long is my certification good? (70.202, 70.203, 71.202, 71.203, 90.202, 90.203)
- Those persons currently certified to collect respirable dust samples under the previous standards will continue to be certified under the new requirements and do not need to take a class to continue their certification. Persons currently certified must be recertified every 3 years under the new rule. The certification for Sampling and the certification for Maintenance and Calibration are good for 3 years. You must recertify by taking and passing the MSHA tests.
- MSHA conducts the certification training and MSHA personnel who conduct sampling are certified. MSHA provides two separate courses of instruction: (1) certification for respirable dust sampling; and (2) certification for maintenance and calibration of coal mine dust sampling equipment. Training classes are conducted at the National Mine Health and Safety Academy, at local MSHA district and field offices, and at the mine site upon request to the local coal district office.
- To successfully pass the certification test for sampling with the gravimetric sampler (CMDPSU), you must answer correctly 80% of the 154 questions on the written examination and complete 100% of the practical portion of the test. This practical portion includes filling out a dust data card, assembling the sampling pump assembly, and performing pre-inspection checks of the sampling pump.
- If you are certified for sampling with the gravimetric sampler and for maintenance and calibration on the gravimetric sampler any time before August 1, 2014 (the effective date of the rule), these certifications are good for 3 years after the effective date of the rule, which is until August 1, 2017.
- Yes. MSHA has been conducting certification training and testing in Coal districts across the U.S. Due to the increased need at surface coal mines in the western states for certified persons who take dust samples, classes will be held during August and September 2014 in District 9. Classes will also be scheduled for District 11. The local Health Supervisors can be contacted for class schedules and locations.
- 1. Under the § 75.362 On-Shift Examination requirements, what does the examination include? Are there other new On-Shift Examination requirements? (75.362)
- Like the existing rule, the examination must include air quantities and velocities; water pressures and flow rates; excessive leakage in the water delivery system; water spray numbers and orientations; section ventilation and control device placement. New requirements in the final rule require the following dust control parameters to be examined: roof bolting machine dust collector vacuum levels; scrubber air flow rate; work practices required by the ventilation plan; and any other dust suppression measures. The final rule also includes requirements for: making and retaining a record of the examination results and any corrective action taken, the certified person directing the examination to certify that the exam was made and to verify the examination results; and the mine foreman or equivalent mine official to countersign each examination record.
- *Revised May 4, 2016: Under section 75.362 (a)(2), the operator is required to record the results of the On-Shift Examination and the results of the corrective action taken. The record must include the specific measurements and observations made of the dust control parameters specified in the ventilation plan. The record must also include any deficiencies and corrective actions taken.Specific measurements of the air velocity and quantity, water pressure and flow rates are not required if continuous monitoring of these controls is used and indicates that the dust controls are functioning properly.
- A dust scrubber does not “make” air. The scrubber is a supplemental dust control device and does aid in directing the air provided in the face area. However, the scrubber can only work with the air that is provided to the face. It is important that the scrubber be balanced with the ventilating air provided to the area where the continuous mining machine is working. The air provided by the MMU ventilation system must be determined without the aid of the scrubber so that the scrubber can be provided with the amount of air for which it is rated and dust-laden air is not recirculated.
- The midnight shift designated person may conduct the on-shift examination and provide the results to the day-shift certified person directing the on-shift examination, who evaluates the examination results, corrects any deficiencies, and places the DTIs on the board. This confirms that the on-shift examination was properly made prior to resuming production.
- 1. If the dust parameters are the same on every MMU, is there a need to have a separate Mine Ventilation Plan for each MMU? (75.371)
- Yes. The general plan does not address the differences between MMUs and different mining machines. No two units are exactly alike and those differences must be addressed. Specifying general controls does not let miners and management personnel know what specifically works to control respirable dust concentrations for a specific mining machine in a specific location in the mine.
- The general plan does not address the differences between MMUs and different mining machines. Generally, no two units are exactly alike and those differences must be addressed. Specifying general controls does not let miners and management personnel know what specifically works to control respirable dust concentrations for a specific mining machine in a specific location in the mine. In appropriate circumstances, the controls for one MMU may be the same as or similar to another MMU’s controls, but the controls must be specified for each MMU.
- MSHA will review ventilation plan revisions as quickly as possible, and expedite the review if necessary to terminate a dust overexposure citation.
- 1. What are the new requirements for Medical Surveillance and how will they be implemented? (72.100)
- The new MSHA rule adds spirometry testing to the existing chest x-ray examination program, and expands health surveillance program coverage to include workers at surface coal mines, in addition to previously eligible underground coal mines. CDC/NIOSH is responsible for implementing the expanded health surveillance program. Although underground coal mines are required to post a NIOSH-approved health examination plan for underground miners every five years, on August 1, 2014, MSHA will extend health examination requirements to all surface mines. Mine operators can currently submit Mine Plans using the currently available form, Coal Mine Operator's Plan Form, available at http://www.cdc.gov/niosh/topics/surveillance/ORDS/CoalWorkersHealthSurvProgram.html Contractors completing the form do not need to indicate at which mines they are operating, and should indicate the number of miles from the location of the contractor to the X-Ray Facility. For Surface Operators and Contractors, leave the x-ray begin and end dates blank. NIOSH will assign these dates for all new plans. The following questions and answers provide important guidance for coal operators, both underground and surface.
- Under the final rule, coal mine operators must develop and submit for approval to NIOSH a plan in accordance with NIOSH’s regulations under 42 CFR part 37, which contain procedures for providing miners with the examinations required in Section 72.100(a) of MSHA’s final rule. The examinations must be provided at no cost to the miner and include chest x-rays, spirometry, occupational history, and symptom assessment. They must be done at facilities approved by NIOSH. Mine operators must also submit to NIOSH a roster specifying the name and current address of each miner covered by the plan. Existing 42 CFR part 37 includes provisions for chest x-rays, occupational history and approval of x-ray facilities but does not address spirometry, symptom assessment or approval of spirometry facilities. HHS is drafting its regulations to include spirometry, symptom assessment, and the approval of spirometry facilities. Until the new spirometry requirements are in place, a coal mine operator with an existing NIOSH-approved plan does not need to revise or resubmit that plan (except according to the existing plan’s expiration schedule).
- A coal mine operator without an existing NIOSH-approved plan, including a surface coal mine operator, must develop and submit for approval to NIOSH a plan in accordance with existing 42 CFR part 37 and submit a roster of the name and current address of each miner covered by the plan. Under 42 CFR § 37.4(a), NIOSH provides a 60-day period for an operator without an approved plan to submit a plan. Therefore, as of September 30, 2014 (within 60 days of August 1, 2014), all coal mine operators must either have an existing NIOSH-approved plan or have submitted a plan to NIOSH for approval under existing 42 CFR part 37. New mines opening after August 1, 2014 would need to submit a plan within 60 days of opening.
- Effective August 1, 2014, all coal mine operators must provide all new miners with the mandatory examinations consisting of chest x-rays and occupational history within 30 days after beginning employment. However, on or after August 1, 2014, for a miner beginning employment at a mine without an existing NIOSH-approved plan, MSHA will allow 30 days after NIOSH approves the plan to provide the mandatory examinations. All miners beginning employment on or after August 1 but before the date of a plan approval must be given the mandatory examinations within 30 days after the date of the plan approval. All miners beginning employment on or after August 1 at a mine with an approved plan must be given the mandatory examinations within 30 days after beginning employment.
- After the new NIOSH spirometry requirements are in place, and facilities become certified to conduct spirometry examinations, MSHA will notify coal mine operators that they must: (1) submit to NIOSH plan revisions to comply with the new spirometry requirements, including the names of NIOSH-approved spirometry facilities; and (2) provide all miners beginning employment on or after August 1 with the spirometry examination and symptom assessment within 30 days after beginning employment or, if the plan revision has not been approved as of the employment date, within 30 days after the date NIOSH approves the plan revision. The plan submittal form is available from NIOSH and MSHA.
- There is no option for miners to opt out of being placed on the roster or being contacted by NIOSH.
- No. NIOSH will request an updated roster before the six-month period during which the operator must make the examinations available to miners. (42 CFR § 37.100)
- The mandatory follow-up examination must be provided three years after the initial examination.
- A chest x-ray and spirometry examination, as well as a symptom assessment and occupational history questionnaire, is mandatory for miners beginning work at a coal mine for the first time (i.e., new to the coal mining industry) on or after August 1, 2014. These initial examinations and questionnaires must be provided no later than 30 days after the miner begins employment or within 30 days of NIOSH approval of a medical surveillance plan. For miners employed at a coal mine before August 1, 2014, the examinations are on a 5-year schedule and miner participation is voluntary.
- Results of examinations and tests under the medical surveillance requirements are not provided to the mine operator. They may only be provided to the Secretary of Labor, the Secretary of Health and Human Services, and at the request of the miner, to the miner’s designated physician.
- Under Section 72.100, operators of surface coal mines and facilities must provide miners chest x-rays and spirometry medical examinations as well as symptom assessment and occupational history questionnaires.
The medical examinations must be provided at the frequency described below and at no cost to the miner.
An operator must use a facility approved by NIOSH to provide the examinations. Information on NIOSH-approved facilities is available at: http://www.msha.gov/endblacklung/niosh-techsupport.asp
An operator must submit to NIOSH a plan for providing miners with the examinations and a roster with the name and current address of each miner covered by the plan. An operator may use NIOSH’s Coal Mine Operator’s Plan form or Coal Contractor Plan form to file its plan with NIOSH. The forms are available at: http://www.cdc.gov/niosh/topics/surveillance/ords/coalminerhealth.html. Please note that the currently posted mine plan form addresses chest x-rays and occupational history questionnaires. MSHA will notify operators when they need to add the periodic spirometry examinations and symptom assessment questionnaires to their plans.
A mine operator without an existing NIOSH-approved plan as of August 1, 2014, must have submitted a plan and a roster to NIOSH by September 30, 2014. For new mines opening after August 1, 2014, the operator must submit a plan within 60 days of opening.
After a plan is approved by NIOSH, it must be posted on the mine bulletin board.
If a miner is beginning work at a coal mine for the first time (i.e., is new to the coal mining industry) after August 1, 2014, the operator must provide the examinations no later than 30 days after the miner begins employment or within 30 days of NIOSH approval of a plan. The operator must provide medical examinations to the miner within 3 years after the initial examinations. If, from the follow-up examinations, the chest x-ray shows evidence of pneumoconiosis or the spirometry results indicate decreased lung function, another follow-up examination must be provided within 2 years if that miner is still engaged in coal mining.
If a miner was employed at a coal mine on or before August 1, 2014, the operator must provide the miner the opportunity to have the examinations at least every 5 years.
- Yes, each operator of a coal mine, including a coal preparation plant, must provide to each miner the medical examinations. This includes miners performing highwall drilling operations and blaster/shooter/shotfire duties.
- 1. Does the final rule apply to construction workers or Contractors working on mine property?
- Yes, any individual working in a mine is a miner under the Mine Act and the requirements of the final rule apply.
- The final rule does not change any existing relationship between an operator and a contractor with respect to responsibility for compliance.
- The final rule does not change the existing method of posting sampling results. Contractors should continue to post sampling results as they are currently doing. The contractor can either make arrangements to have their own bulletin board or use the mine operator’s board.
- The final rule does not change who is responsible for collecting dust samples -- either the production operator or the independent contractor operator may collect dust samples. In addition, the final rule does not change how MSHA provides notice of the sampling results. MSHA will continue its current system of notifying the person listed on the operator’s legal ID form for receiving respirable dust sampling information. The MSHA report containing dust sampling results must be posted for at least 31 days on the mine bulletin board.
- No. Under the final rule, a contractor who regularly collects samples will not be designated as a DWP at surface mines, or DA, DO, or ODO at underground mines.
- Under most circumstances, the medical examinations and employee roster requirements in the new rule apply to independent contractors who are required to have comprehensive training under 30 CFR part 48. Under MSHA’s Program Policy Manual, independent contractors must receive comprehensive training if they perform coal extraction and production work or are regularly exposed to mine hazards.
- 1. How should a mine operator handle the situation if a Part 90 miner refuses to transfer or switch positions? (90.102, 90.104)
- Part 90 miners would have the same rights and responsibilities under the final rule as they do under the existing Part 90 standard.
- You will not have to take 5 samples in the August-September 2014 time period. Part 90 miners will begin their quarterly sampling cycle beginning October 1, 2014.
- Yes. The quarterly sampling period from January-March stays the same but starting February 1, 2016, you are required to use the CPDM for Part 90 sampling.
- 1. Is there anything specific I need to put on the dust data card for the control filter that I send in? (70.210, 71.207, 90.208)
- Section 9, Type of Sample, on the revised dust data card includes a new option “(9) Control”. You would fill out the dust data card in its entirety and enter “9” in the blank box to indicate that the filter is a control filter.
- The final rule does not change the requirement that operators transmit all respirable dust samples collected using the CMDPSU to MSHA within 24 hours after the sampling shift ends.
- Samples must be transmitted to MSHA within 24 hours after the end of the sampling shift.
- An operator should contact the MSHA District Office to inform MSHA of anything that is preventing the required transmission of CPDM sampling results (for example, the server is down). The district will determine whether any follow-up action is necessary.