30 CFR § 57.5060
Limit on exposure to diesel particulate matter.
(a) A miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent
full shift airborne concentration of 308 micrograms of elemental carbon
per cubic meter of air (308EC
). [This interim
permissible exposure limit (PEL) remains in effect until the final DPM
exposure limit becomes effective. When the final DPM exposure limit
becomes effective, MSHA will publish a document in the Federal
(b) After May 19, 2006, any mine operator covered by this part must limit the concentration of diesel particulate matter to which miners are exposed in underground areas of a mine by restricting the average eight-hour equivalent full shift airborne concentration of total carbon, where miners normally work or travel, to 160 micrograms per cubic meter of air (160TC
(b)(1) Effective May 20, 2006, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 308 micrograms of elemental carbon per cubic meter of air (308ECµg/m3).
(2) Effective January 20, 2007, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 350 micrograms of total carbon per cubic meter of air (350TCµg/m3).
(3) Effective May 20, 2008, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 160 micrograms of total carbon per cubic meter of air (160TCµg/m3).
(c)(1) If a mine requires
additional time to come into compliance with the final DPM limit
established in § 57.5060 (b) due to technological or economic
constraints, the operator of the mine may file an application with the
District Manager for a special extension.
(2) The mine operator must certify on the application that the
operator has posted one copy of the application at the mine site for at
least 30 days prior to the date of application, and has provided
another copy to the authorized representative of miners.
(3) No approval of a special extension shall exceed a period of one
year from the date of approval. Mine operators may file for additional
special extensions provided each extension does not exceed a period of
one year. An application must include the following information:
(i) Documentation supporting that controls are technologically or economically infeasible at this time to reduce the miner's exposure to
the final DPM limit.
(ii) The most recent DPM monitoring results.
(iii) The actions the operator will take during the extension to
minimize exposure of miners to DPM.
(4) A mine operator must comply with the terms of any approved
application for a special extension, post a copy of the approved
application for a special extension at the mine site for the duration
of the special extension period, and provide a copy of the approved
application to the authorized representative of miners.
(d) The mine operator must install, use, and maintain feasible
engineering and administrative controls to reduce a miner's exposure to
or below the DPM limit established in this section. When controls do
not reduce a miner's DPM exposure to the limit, controls are
infeasible, or controls do not produce significant reductions in DPM
exposures, controls must be used to reduce the miner's exposure to as
low a level as feasible and must be supplemented with respiratory
protection in accordance with § 57.5005(a), (b), and paragraphs
(d)(1) and (d)(2) of this section.
(1) Air purifying respirators must be equipped with the following:
(i) Filters certified by NIOSH under 30 CFR part 11 (appearing in
the July 1, 1994 edition of 30 CFR, parts 1 to 199) as a high
efficiency particulate air (HEPA) filter;
(ii) Filters certified by NIOSH under 42 CFR part 84 as 99.97%
(iii) Filters certified by NIOSH for DPM.
(2) Non-powered, negative-pressure, air purifying, particulate-
filter respirators shall use an R- or P-series filter or any filter
certified by NIOSH for DPM. An R-series filter shall not be used for
longer than one work shift.
(e) Rotation of miners shall not be considered an acceptable
administrative control used for compliance with the DPM standard.
(3) The mine operator must provide a confidential medical evaluation by a physician or other licensed health care professional (PLHCP), at no cost to the miner, to determine the miner's ability to use a respirator before the miner is required to be fit tested or to use a respirator at the mine. If the PLHCP determines that the miner cannot wear a negative pressure respirator, the mine operator must make certain that the PLHCP evaluates the miner's ability to wear a powered air purifying respirator (PAPR).
(4) The mine operator must provide the miner with an opportunity to discuss their evaluation results with the PLHCP before the PLHCP submits the written determination to the mine operator regarding the miner's ability to wear a respirator. If the miner disagrees with the evaluation results of the PLHCP, the miner may submit within 30 days additional evidence of his or her medical condition to the PLHCP.
(5) The mine operator must obtain a written determination from the PLHCP regarding the miner's ability to wear a respirator, and the mine operator must assure that the PLHCP provides a copy of the determination to the miner.
(6) The miner must be reevaluated when the mine operator has reason to believe that conditions have changed which could adversely affect the miner's ability to wear the respirator.
(7) Upon written notification that the PLHCP has determined that the miner is unable to wear a respirator, including a PAPR, the miner must be transferred to work in an existing position in an area of the same mine where respiratory protection is not required. The miner must be transferred within 30 days of the final determination by the PLHCP.
(i) The miner must continue to receive compensation at no less than the regular rate of pay in the classification held by that miner immediately prior to the transfer.
(ii) Increases in wages of the transferred miner must be based upon the new work classification.
(8) The mine operator must maintain a record of the identity of the PLHCP and the most recent written determination of each miner's ability to wear a respirator for the duration of the miner's employment plus six months.