Program Policy Manual - VOLUME V - Mine Safety and Health ...

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MSHA PROGRAM POLICY MANUAL VOLUME V either 1) based on the MMU being permanently removed from the mine and no other MMU being placed in producing status to maintain the number of active MMUs or 2) based on the quartz results of MSHA samples indicating quartz levels that are 5% or less on the existing or replacement MMU. For example, an operator has an auger-type continuous mining machine on MMU 003-0, which is on a reduced respirable dust standard of 1.5 mg/m³. The operator decides to replace the augertype mining machine with a ripper-type continuous mining machine. Since the operator is replacing the auger-type machine with a ripper-type machine, MSHA changes the MMU number. However, since the designated occupation and dust control parameters will be changed, the operator will be required to submit a revised dust control plan and the reduced standard on MMU 003-0 would remain at 1.5 mg/m³ on the new MMU until the operator can show a substantial reduction in the quartz levels on the MMU. Another example would be an operator changing a ripper type continuous mining machine with a different ripper-type mining machine. If the dust control parameters associated with both machines are the same, MSHA will not change the MMU number and the operator will not be required to submit a revised plan. However, a written notification of this change should be submitted by the operator and filed with the appropriate plan. 70.208 Bimonthly Sampling; Designated Areas (a) Bimonthly sampling begins after each designated area is identified in the coal mine operator's dust control plan (see 75.371(t)) approved by the district manager and established in the computer database. Operator bimonthly dust samples from an entity not established in the database will be rejected by the computer. (b) See 70.207(b) for explanation of the phrase "shall begin on the first production shift..." as it applies to this section. Additionally, as with designated sampling entities, whenever a nondesignated entity (NDE) 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 NDE. (c) This provision requires the operator to collect additional samples within 15 calendar days of receipt of the MSHA request. Sampling must begin on the first day following receipt of notification on which there is a production shift. The operator, however, is not required to collect these samples on consecutive calendar days. If compliance with the 15 calendar day sampling requirement has not been demonstrated or cannot be determined, the January 2013 (Release V-46) 15
MSHA PROGRAM POLICY MANUAL VOLUME V inspector would issue a citation for failure-to-sample under this section. However, if the operator is able to show evidence that the additional valid samples were collected within the required time period, the inspector should vacate the citation. An advisory notice on noncompliance for failure to submit additional samples will also be sent to the district and subdistrict offices when an operator collects the required 5 additional samples within 15 calendar days of receipt of the MSHA request, but one or more of the samples is voided. When this occurs, the operator will be notified through the computer system that the voided sample(s) must be replaced. The replacement samples must be taken by the operator as soon as reasonably possible after notification. If an operator fails to replace the voided sample(s) promptly, a citation for failure to take 5 valid samples would be issued. If a replacement sample is voided, MSHA personnel should issue a citation for failure to take 5 valid samples in accordance with Section 70.208(c). The procedure described above, which allows an operator an opportunity to replace one or more voided samples from a set of 5 additional samples, is discretionary with the district manager and is to be used only once or twice a year at a mine. Operators shall not be allowed additional time to replace voided bimonthly samples. If the respirable dust standard is changed prior to the time an operator has been requested to submit five additional samples or while collecting such samples, these samples will be processed in accordance with the procedures described under 70.101. (e) The intent of this provision is to have samples collected at strategic locations in the mine where miners normally work or travel to demonstrate that the respirable dust concentration complies with the applicable standard. The following guidelines are to be applied by the District Manager for selecting and approving designated areas (DAs), which shall be shown in detail in the ventilation system and methane and dust control plan (see 75.371(t)): 1. Track Haulage: a. Sample where miners are exposed to dust generated by rotary dumps. October 2011 (Release V-43) 16
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