Section 70.208 - [Effective until 4/14/2025] Quarterly sampling; mechanized mining unitsThe following is required from February 1, 2016, until April 14, 2025:
(a) The operator shall sample each calendar quarter:(1) The designated occupation (DO) in each MMU on consecutive normal production shifts until 15 valid representative samples are taken. The District Manager may require additional groups of 15 valid representative samples when information indicates the operator has not followed the approved ventilation plan for any MMU.(2) Each other designated occupation (ODO) specified in paragraphs (b)(1) through (b)(10) of this section in each MMU or specified by the District Manager and identified in the approved mine ventilation plan on consecutive normal production shifts until 15 valid representative samples are taken. Sampling of each ODO type shall begin after fulfilling the sampling requirements of paragraph (a)(1) of this section. When required to sample more than one ODO type, each ODO type must be sampled over separate time periods during the calendar quarter.(3) The quarterly periods are: January 1-March 31
April 1-June 30
July 1-September 30
October 1-December 31.
(b) Unless otherwise directed by the District Manager, the approved sampling device shall be worn by the miner assigned to perform the duties of the DO or ODO specified in paragraphs (b)(1) through (b)(10) of this section or by the District Manager for each type of MMU. (1)Conventional section using cutting machine. DO-The cutting machine operator;(2)Conventional section blasting off the solid. DO-The loading machine operator;(3)Continuous mining section other than auger-type. DO-The continuous mining (CM) machine operator or mobile bridge operator when using continuous haulage; ODO-The roof bolting machine operator who works nearest the working face on the return air side of the continuous mining machine; the face haulage operators on MMUs using blowing face ventilation; the face haulage operators on MMUs ventilated by split intake air ("fishtail ventilation") as part of a super-section; and face haulage operators where two continuous mining machines are operated on an MMU.(4)Continuous mining section using auger-type machine. DO-The jacksetter who works nearest the working face on the return air side of the continuous mining machine;(5)Scoop section using cutting machine. DO-The cutting machine operator;(6)Scoop section, blasting off the solid. DO-The coal drill operator;(7)Longwall section. DO-The longwall operator working on the tailgate side of the longwall mining machine; ODO-The jacksetter who works nearest the return air side of the longwall working face, and the mechanic;(8)Hand loading section with a cutting machine. DO-The cutting machine operator;(9)Hand loading section blasting off the solid. DO-The hand loader exposed to the greatest dust concentration; and(10)Anthracite mine sections. DO-The hand loader exposed to the greatest dust concentration.(c) When the respirable dust standard is changed in accordance with § 70.101 , the new applicable standard shall become effective 7 calendar days after the date of notification of the change by MSHA.(d) If a normal production shift is not achieved, the DO or ODO sample for that shift may be voided by MSHA. However, any sample, regardless of production, that exceeds the applicable standard by at least 0.1 mg/m3 shall be used in the determination of the equivalent concentration for that occupation.(e) When a valid representative sample taken in accordance with this section meets or exceeds the ECV in Table 70-1 that corresponds to the applicable standard and particular sampling device used, the operator shall:(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;(2) Immediately take corrective action to lower the concentration of respirable dust to at or below the applicable respirable dust standard; and(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.(f) Noncompliance with the applicable standard is demonstrated during the sampling period when: (1) Three or more valid representative samples meet or exceed the ECV in Table 70-1 that corresponds to the applicable standard and the particular sampling device used; or(2) The average for all valid representative samples meets or exceeds the ECV in Table 70-2 that corresponds to the applicable standard and the particular sampling device used.(g)(1) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the applicable standard involving a DO in an MMU, paragraph (a)(1) shall not apply to the DO in that MMU until the violation is abated and the citation is terminated in accordance with paragraphs (h) and (i) of this section.(2) Unless otherwise directed by the District Manager, upon issuance of a citation for a violation of the applicable standard involving a type of ODO in an MMU, paragraph (a)(2) shall not apply to that ODO type in that MMU until the violation is abated and the citation is terminated in accordance with paragraphs (h) and (i) of this section.(h) Upon issuance of a citation for violation of the applicable standard, the operator shall take the following actions sequentially:(1) Make approved respiratory equipment available to affected miners in accordance with § 72.700 of this chapter;(2) Immediately take corrective action to lower the concentration of respirable coal mine dust to at or below the applicable standard; and(3) Make a record of the corrective actions taken. The record shall be certified by the mine foreman or equivalent mine official, no later than the end of the mine foreman's or equivalent official's next regularly scheduled working shift. The record shall be made in a secure book that is not susceptible to alteration or electronically in a computer system so as to be secure and not susceptible to alteration. Such records shall be retained at a surface location at the mine for at least 1 year and shall be made available for inspection by authorized representatives of the Secretary and the representative of miners.(4) Begin sampling, within 8 calendar days after the date the citation is issued, the environment of the affected occupation in the MMU on consecutive normal production shifts until five valid representative samples are taken.(i) A citation for violation of the applicable standard shall be terminated by MSHA when: (1) Each of the five valid representative samples is at or below the applicable standard; and(2) The operator has submitted to the District Manager revised dust control parameters as part of the mine ventilation plan applicable to the MMU in the citation and the changes have been approved by the District Manager. The revised parameters shall reflect the control measures used by the operator to abate the violation. 89 FR 28474 , 6/17/2024; 89 FR 28475 , 4/14/2025