(a) Each operator shall take five valid respirable dust samples from
the designated occupation in each mechanized mining unit during each
bimonthly period beginning with the bimonthly period of November 1, 1980.
Designated occupation samples shall be collected on consecutive normal
production shifts or normal production shifts each of which is worked on
consecutive days. The bimonthly periods are:
January 1-February 28 (29)
March 1-April 30
May 1-June 30
July 1-August 31
September 1-October 31
November 1-December 31.
(b) When the respirable dust standard is changed in accordance with
§70.101 (Respirable dust standard when quartz is
present), respirable dust sampling of mechanized mining units shall begin on
the first production shift during the next bimonthly period following
notification of such change from MSHA.
(c) Upon issuance of a citation for a violation of
§70.100(a) (Respirable dust standards) or
§70.101 (Respirable dust standard when quartz is
present) involving a designated occupation in a mechanized mining unit,
paragraphs (a) and (b) of this section shall not apply to that unit until the
violation is abated in accordance with §70.201(d) (Sampling;
general requirements).
(d) Each designated occupation sample shall be taken on a normal
production shift. If a normal production shift is not achieved, the sample
for that shift may be voided by MSHA. However, any sample, regardless of
production, with a respirable dust concentration greater than 2.5 milligrams
per cubic meter of air will be used to determine the average concentration
for that mechanized mining unit.
(e) Unless otherwise directed by the District Manager, the designated
occupation samples shall be taken by placing the sampling device as
follows:
(1)Conventional section using cutting machine. On
the cutting machine operator or on the cutting machine within 36 inches inby
the normal working position;
(2)Conventional section shooting off the solid. On
the loading machine operator or on the loading machine within 36 inches
inby the normal working position;
(3)Continuous mining section other than
auger-type. On the continuous mining machine operator or on the
continuous mining machine within 36 inches inby the normal working
position;
(4)Continuous mining machine; auger-type. On the
jacksetter who works nearest the working face on the return air side of the
continuous mining machine or at a location that represents the maximum
concentration of dust to which the miner is exposed;
(5)Scoop section using cutting machine. On the
cutting machine operator or on the cutting machine within 36 inches inby the
normal working position;
(6)Scoop section, shooting off the solid. On the
coal drill operator or on the coal drill within 36 inches inby the normal
working position;
(7)Longwall section. On the miner who works
nearest the return air side of the longwall working face or along the working
face on the return side within 48 inches of the corner;
(8)Hand loading section with a cutting machine. On
the cutting machine operator or on the cutting machine within 36 inches
inby the normal working position;
(9)Hand loading section shooting off the solid. On
the hand loader exposed to the greatest dust concentration or at a
location that represents the maximum concentration of dust to which the miner
is exposed;
(10)Anthracite mine sections. On the hand loader
exposed to the greatest dust concentration or at a location that represents
the maximum concentration of dust to which the miner is exposed.
(f)(1) Each mechanized mining unit will be assigned a four digit
identification number by MSHA. The mechanized mining unit shall retain that
identification number regardless of where the unit relocates within the
mine.
(2) When two sets of mining equipment are provided in a
series of working places and only one production crew is employed at any
given time on either set of mining equipment, the two sets of equipment shall
be identified as a single mechanized mining unit. When two or more mechanized
mining units are simultaneously engaged in the production of material within
the same working section, each such mechanized mining unit shall be
identified separately.
