U.S. Department of Labor

Mine Safety and Health Administration 4015 Wilson Boulevard Arlington, Virginia 22203-1984

ISSUE DATE: March 10, 1998

PROGRAM INFORMATION BULLETIN NO. P98-12

FROM:          MARVIN W. NICHOLS, JR.
                      Administrator
                             for Coal Mine Safety and Health

SUBJECT:      30 CFR 70.1900: Recordkeeping

Scope
This program information bulletin applies to underground coal mine operators, independent contractors performing work in underground coal mines, and Mine Safety and Health Administration (MSHA) enforcement personnel.

Purpose
The purpose of this bulletin is to clarify how mine operators should comply with the requirements of 30 CFR 70.1900(d) so that sampling results of diesel exhaust gas monitoring to determine concentrations of carbon monoxide (CO) and/or nitrogen dioxide (NO₂) are properly recorded.

Information
The sampling requirements in section 70.1900(d) focus on monitoring the performance of a mine's diesel exhaust control system and taking timely corrective action when necessary. Early detection of a system's diminishing performance aids in protecting miners by providing reasonable assurance that they are not overexposed to diesel exhaust gases.

Section 70.1900(d) requires that a record be made of sampling results that exceed the applicable action level for CO and/or NO₂. The preamble to the final diesel rule states that "for ease of administration by mine operators ... recordkeeping follow[s] the same requirements contained in existing § 75.363. These standards prescribe the recordkeeping requirements for hazardous conditions found during a shift, including on-shift examinations." The preamble further states that "these features of § 75.363 emphasize the importance of mine management using and responding to data about working conditions in the mine." Thus, the intent of the requirements of section 70.1900(d) was for mine operators to use the data to prevent deterioration of diesel exhaust control systems. The gathering of this sampling data may be recorded as a "hazardous condition" in the on-shift book, and MSHA would prefer such a record; but MSHA believes that what is most important is that such records follow the requirements set out in section 70.1900(d) in order to give meaning to the results of the sampling. Therefore, while MSHA prefers that such data be recorded in the on-shift book, MSHA will accept the record in any record book that a mine operator properly designates for this purpose. When mine operators using diesel equipment in underground coal mines test for CO and NO₂ as required by section 70.1900(d), sampling results which exceed the applicable action level must be recorded and include the 1) location where the sample was collected, 2) substance sampled and the measured concentration, 3) corrective action taken to reduce the concentration of the substance below the action level, 4) signature of the certified examiner, and 5) countersigning by the mine foreman or equivalent official.

Background
Section 70.1900 was promulgated in a manner to reduce paper work and ease recordkeeping requirements. In the past, the agency has allowed mine operators the flexibility to keep separate record books for recording hazardous conditions and examinations, especially for electrical and fire suppression tests. In order to minimize the recordkeeping burden associated with the goal of early detection of problems with a mine's diesel exhaust control system, operators may use any properly designated record book to record this information.

Authority
The Federal Mine Safety and Health Act of 1977; 30 CFR 70.1900.

Issuing Office and Contact Person
Coal Mine Safety and Health, Safety Division
Larry A. Johnson, (703) 235-1915

Distribution
MSHA Program Policy Manual Holders
Underground Coal Mine Operators
Coal Independent Contractors
Special Interest Groups