| No. 8
| A
| Complete R&D on continuous dust monitor & verify reliability of technology. The continuous monitor will provide a constant read-out of the dust levels to which miners are exposed in every mine.
| O
| Prototype tested in an u.g. mine in November 1996. Results were used to finalize design of production unit. Developed protocol for in-mine study and solicited input from labor & industry. First production unit currently undergoing performance evaluation in NIOSH. Efforts underway to secure industry cooperation for in-mine study.
|
| B
| Once verified, use monitor for surveillance & for dust control evaluation.
| O
| Monitor use to depend on results of inmine study.
|
| C
| MSHA should use monitor data to assess operator compliance efforts.
| R
|
|
| D
| MSHA should consider use of monitor data directly in compliance.
| R
|
|
| E
| Expedite development & field tests of a continuous personal dust monitor.
| O
| Requested NIOSH to expedite R&D effort. NIOSH is exploring various development options and identifying performance criteria, as well as cost-sharing options with industry and other federal agencies.
| No. 15
|
| MSHA reliance on sampling for compliance to be based on appropriate balance of personal, occupational & environmental sampling.
| C
| Provided for by current inspection procedures & regulations.
| No. 16
| A1
| MSHA should adjust PELs to account for extended work weeks.
| R
|
|
| A2
| MSHA should develop a formal mechanism to target problem mines for more frequent sampling.
| C
| Revised criteria in January and December 1997, for identifying mines requiring special health enforcement activity under the "Health Standards Compliance" program.
|
| A3
| Explore ways to enhance MSHA presence for compliance sampling.
| O
| Expanded "pilot" program to six districts (or 75 % of the Nations mines) to evaluate feasibility of increasing MSHA sampling from once annually to 4X-underground & 2X-surface mines.
|
|
|
|
| Instituted improved targeting program & spot inspections, thereby increasing inspector presence.
|
| A4
| Modify dust data card to record operator control parameters at time of sampling.
| R
|
|
| A5
| MSHA should compare actual vs. plan parameters when reviewing results of each compliance inspection.
| C
| Procedures in effect since the 80's require the inspector to compare actual vs. plan parameters and resulting dust concentrations. Additional guidance to be provided in revised inspection procedures handbook to be issued in early 1998.
|
| A6
| Revise sampling flow rate to be consistent w/ international standards.
| R
|
|
| A7
| Identify miner wearing sampler unit on the dust data card.
| R
|
|
| A8
| All dust sampling technology be designed tamperresistant.
| C
| Inspectors began using pumps w/ elapsed time counter & redesigned cassettes in December 1992.
|
| A9
| Develop education & training materials on need to maintain sampling equipment in a tamperproof state & consequences for failure to do so.
| O
| Course materials, “Industrial Hygiene: Respirable Coal Dust and Silica Sampling” and “Control-Coal Refresher Training” are currently being developed to address all aspects of sampling, including penalties associated with tampering with samples and/or equipment. This material will be available for MSHA and industry training in March 1998.
|
| B
| Operator funding of MSHA takeover of all compliance sampling.
| O
| Held staff-level discussions w/Solicitor's Office (SOL) re: legal issues. [6/97]
|
| C1
| MSHA conduct all compliance sampling at present operator & MSHA frequency.
| O
| Developed draft protocol to assess cost of operator compliance sampling. [5/97]
|
| C2
| In interim, operator sampling should continue with improvements.
| C
| Continuing program of screening samples to identify & void suspect opr. samples.
|
|
|
|
| Began using in 1993 new cassettes w/ tamperresistant features.
|
|
|
|
| Instituted monitoring inspections in the fall of 1991 to observe operator sampling at 25% of the u.g. mines. Approximately 50% of the u.g. mines, or twice as many as required, were monitored during FY 1997.
|
|
|
|
| New sampling pumps equipped with elapsed-time counter. First generation of these pumps were introduced in December 1992. Currently, the only pump approved for use in coal mines that is available for purchase is equipped with a digital elapsed time indicator.
|
| D1
| MSHA should increase number of samples collected to determine compliance.
| O
| Expanded "pilot" program to six districts (or 75 % of the Nations mines) to evaluate feasibility of increasing MSHA sampling from once annually to 4X-underground & 2X-surface mines.
|
|
|
|
| Instituted improved targeting program & spot inspections, thereby increasing inspector presence.
|
| D2
| MSHA should use single, fullshift samples to determine compliance.
| P
| Finalized singlesample notices. [9/97]
|
| E
| Make no upward adjust. of PEL to account for measurement uncertainty.
| C
| Agency adopted upward adjustment on technical & legal basis. [9/97]
|
| F
| Revise process for investigating submission of unrepresentative dust samples.
| P
| Drafted directive re: Program to monitor & evaluate operator dust sampling. [6/97]
|
| G1
| Operators should continue compliance sampling of DOs, DWPs & DAs.
| C
| Required by regulations (30 CFR Part 70, 71, & 90).
|
| G2
| Mine operators should sample as part of plan verification.
| R
| Initiated rulemaking to require operators to verify adequacy of plans. [8/97]
|
| G3
| Operator surface sampling increased to bimonthly as in u.g. mines.
| R
|
|
| G4
| Operators should sample for purposes other than compliance.
| C
| Provided for in current regulation if reported to MSHA. Such sampling has been conducted by operators since 1980 and continues today for evaluating controls and for comparing with MSHA sampling results.
|
|
|
|
| MSA has agreed to make available a cassette that differs in appearance thus eliminating the need to comply w/ reporting requirements of 70.209(d). MSHA will notify industry when such are available for purchase, which is anticipated to be early
1998.
|
| G5
| Continue to require sampling over multiple shifts to abate citations.
| C
| Required by regulations.
|
| H
| More MSHA oversight of operator sampling & auditing of program.
| C
| Required by inspection procedures. Operator samples currently being screened.
|
| I1
| Compliance samples valid only if taken on a "normal production shift" (90% of last 30prod. shift average).
| R
|
|
| I2
| MSHA should require operators to maintain production records.
| R
|
|
| J
| Adjust PELs to account for extended work shifts.
| R
|
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