30 CFR § 71.208 Bimonthly sampling; designated work positions.
(a) Each operator shall take one valid respirable dust sample from
each designated work position during each bimonthly period beginning with the
bimonthly period of February 1, 1981. The bimonthly periods are:
February 1-March 31
April 1-May 31
June 1-July 31
August 1-September 30
October 1-November 30
December 1-January 31
(b) When the respirable dust standard is changed in accordance with
§71.101 (Respirable dust standard when quartz is
present), respirable dust sampling of designated work positions shall begin
on the first normal work shift during the next bimonthly period following
notification of such change from MSHA.
(c) Upon notification from MSHA that any respirable dust sample taken
from a designated work position to meet the requirements of paragraph (a) or
(b) of this section exceeds the applicable standard in §71.100 (Respirable dust standard) or §71.101
(Respirable dust standard when quartz is present), the operator shall take
five valid respirable dust samples from that designated work position within
15 calendar days. The operator shall begin such sampling on the first day on
which there is a normal work shift following the day of receipt of
notification.
(d) Upon issuance of a citation for a violation of §71.100 (Respirable dust standard) or §71.101 (Respirable
dust standard when quartz is present) involving a designated
work position, paragraphs (a), (b), and (c) of this section shall not apply
to that designated work position until the violation is abated in accordance
with §71.201(d) (Sampling; general
requirements).
(e) The District Manager shall designate the work positions at each
surface coal mine and surface work area of an underground coal mine for
respirable dust sampling under this section. The District Manager shall
designate for sampling each work position at the mine where an average
concentration of respirable dust exceeding 1.0 milligram per cubic meter of
air has been measured by one or more samples. Where the respirable dust
standard is below 1.0 milligram per cubic meter of air in accordance with
§71.101 (Respirable dust standard when quartz is
present), the District Manager shall designate for sampling each work
position where an average concentration of respirable dust exceeding the
applicable standard has been measured by one or more samples.
(f) The District Manager shall withdraw the designation of a work
position for sampling upon finding that the operator is able to maintain
continuing compliance with the applicable respirable dust standard under
§71.100 (Respirable dust standard) or
§71.101 (Respirable dust standard when quartz is
present). This finding shall be based on the results of samples taken during
at least a one-year period under this part and by MSHA.
(g) Unless otherwise directed by the District Manager, designated
work position samples shall be taken by placing the sampling device as
follows:
(1) Equipment operator. On the equipment operator or on
the equipment within 36 inches of the operator's normal working position;
(2) Non-equipment operators. On the miner assigned to the
designated work position or at a location that represents the maximum
concentration of dust to which the miner is exposed.
(h) Each designated work position sample shall be taken on a normal
work shift. If a normal work shift is not achieved, the respirable dust
sample shall be transmitted to MSHA with a notation by the person certified
in accordance with §71.202 (Certified person;
sampling) that the sample was not taken on a normal work shift. When a
normal work shift is not achieved, the sample for that shift may be voided
by MSHA. However, any sample, regardless of whether a normal work shift was
achieved, 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 designated work position.
