30 CFR § 70.2
For the purpose of this part 70
, the term:
(a) Act means the Federal Mine Safety and Health Act of 1977,
Pub. L. 91-173, as amended by Pub. L. 95-164.
(b) Active workings means any place in a coal mine where
miners are normally required to work or travel.
(c) Certified person means an individual certified by the
Secretary in accordance with §70.202 (Certified
person; sampling) to take respirable dust samples required by this part or
certified in accordance with §70.203 (Certified
person; maintenance and calibration) to perform the maintenance and
calibration of respirable dust sampling equipment as required by this
(d) Concentration means a measure of the amount of a
substance contained per unit volume of air.
(e) Designated area. An area of a mine identified by the
operator under §75.371(t) (Mine ventilation plan;
contents) of this title and approved by the district manager.
(f) Designated occupation means the occupation on a
mechanized mining unit that has been determined by results of respirable dust
samples to have the greatest respirable dust concentration.
(g) District Manager means the manager of the Coal Mine
Safety and Health District in which the mine is located.
(h) Mechanized mining unit means: (1) A unit of mining
equipment including hand loading equipment used for the production of
material; or (2) a specialized unit which utilizes mining equipment other
than specified in §70.207(e) (Bimonthly sampling;
mechanized mining units).
(i) MRE instrument means the gravimetric dust sampler with a
four channel horizontal elutriator developed by the Mining Research
Establishment of the National Coal Board, London, England.
(j) MSHA means the Mine Safety and Health Administration of
the Department of Labor.
(k) Normal production shift means (1) a production shift
during which the amount of material produced in a mechanized mining unit is
at least 50 percent of the average production reported for the last set of
five valid samples; or (2) a production shift during which any amount of
material is produced by a new mechanized mining unit, until a set of five
valid samples is taken.
(l) Production shift means (1) with regard to a mechanized
mining unit, a shift during which material is produced, or (2) with regard to
a designated area of a mine, a shift during which material is produced and
routine day-to-day activities are occurring in the designated area.
(m) Quartz means crystalline silicon dioxide (SiO(sub)2) not
chemically combined with other substances and having a distinctive physical
(n) Respirable dust means dust collected with a sampling
device approved by the Secretary and the Secretary of Health and Human
Services in accordance with part 74 (Coal Mine Dust
Personal Sampler Units) of this title. Sampling device approvals issued by
the Secretary of the Interior and Secretary of Health, Education, and
Welfare are continued in effect.
(o) Secretary means the Secretary of Labor or his
(p) Valid respirable dust sample means a respirable dust
sample collected and submitted as required by this part, and not voided by
[45 FR 24000, Apr. 8, 1980, as amended at 47 FR 28095, June 29, 1982; 57 FR
20913, May 15, 1992]
EFFECTIVE DATE NOTE: At 57 FR 20913, May 15, 1992, §70.2 was amended by
revising the definition for designated area, effective August 16, 1992.
Subpart B--Dust Standards
AUTHORITY: Secs. 101 and 103(h), Federal Mine Safety and Health Act of 1977, Pub.
L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 and 1299 (30 U.S.C. 811
SOURCE: 45 FR 24001, Apr. 8, 1980, unless other wise noted.