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

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MSHA PROGRAM POLICY MANUAL VOLUME V Subpart C Sampling Procedures 71.201 Sampling; General Requirements For specific policy applicable to paragraphs (b), (c) and (d) of this Section, refer to Section 70.201 (b), (c) and (d). The purpose of the waiver provision addressed by paragraph (e) of this Section is to enable an operator to anticipate wet weather seasons that may affect bimonthly sampling requirements. Therefore, it would not be proper to grant a waiver to an operator who experienced several days of wet weather within a bimonthly period. In this instance, the operator could have collected his bimonthly samples prior to the wet weather or after the wet weather occurred. Because of this, operators should be encouraged to collect samples as early as possible in a bimonthly period. However, this does not preclude an operator from making a verbal request and being given a verbal response if both actions are followed up in writing. In cases where a verbal request is made and a waiver is granted based on this request, detailed notes are to be kept and filed with the written request once it is received. In cases where rain does occur, it may still be a "normal work shift" as long as the rainfall during the shift does not suppress respirable dust to the extent that the sampling results will be measurably lower than if it had not rained. This judgment is made by a person certified in accordance with 71.202 (Certified person; sampling). When rainfall has not measurably affected the sampling results, a notation on the dust data card is not required. In cases where rainfall occurs to the extent that it suppresses respirable dust, the certified person is required to make this notation on the dust data card unless the operator has a waiver of the rainfall provision. If the operator has a waiver of the rainfall provision, he shall submit the sample without placing this notation on the card. In most instances, the respirable dust affecting employees working in surface facilities or structures is not affected by rainfall. Therefore, the waiver of the normal work shift provisions is not applicable to these occupations. In contrast, if the respirable dust affecting employees working on enclosed surface mobile equipment is affected by rainfall, the waiver provision of a normal work shift is applicable. February 2003 (Release V-33) 33
MSHA PROGRAM POLICY MANUAL VOLUME V 71.204 Approved Sampling Devices; Maintenance and Calibration (d) For specific policy applicable to this Section, refer to 70.204(d). 71.205 Approved Sampling Devices; Operations; Air Flowrate (c) For specific policy applicable to this Section, refer to 70.205(c). 71.208 Bimonthly Sampling; Designated Work Positions (b) This Section establishes when an operator is required to begin bimonthly sampling of designated work positions after the dust standard has been changed because of the presence of excessive levels of quartz dust. It applies only to the bimonthly period immediately following notification by MSHA and not to any subsequent bimonthly periods. As with designated work positions, whenever a nondesignated work position 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 entity. (c) For specific policy applicable to this Section, refer to 70.208(c). Substitute "normal work shift" for "production shift" when applying the interpretation of 70.208(c) to this Section. (e) At the completion of each MSHA sampling inspection at a surface mine or surface work area of an underground mine, the sampling results are to be reviewed. If the results of samples from work positions meet the criteria for designating them for sampling, they are to be added to the computer's data base as designated work positions in "A" status (producing). A designated work position must be first established on the data base before operator sampling can be credited. (f) The following criteria are to be used by District Managers when withdrawing the designation of a work position from sampling: 1. DWP's with a standard between 1.0 and 2.0 mg/m 3 of air: a. Each of the valid respirable dust samples collected from the DWP by the operator during a 1-year period indicates a respirable dust concentration at or below 1.0 mg/m 3 of air; February 2003 (Release V-33) 34
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