MSHA is implementing a Silica Enforcement Initiative to protect Coal and Metal and Nonmetal (MNM) miners’ health by limiting their exposures to respirable crystalline silica. This initiative has four components: inspections, sampling, compliance assistance, and miners’ rights.
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Inspections
Coal and MNM mines
MSHA will conduct spot inspections for silica at coal and MNM mines.
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At mines with repeated overexposures to silica.
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This will include, where warranted, inspections in accordance with Section 103(i) of the Mine Act.
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MSHA will require for overexposures over 100 micrograms per cubic meter (existing PEL):
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For MNM mines, abatement within a period of time.
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For overexposures not abated, MSHA will issue a 104(b) withdrawal order.
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For coal mines, MSHA will encourage mine operators to change the dust control and mine ventilation plans and review plans/exposures after changes are made.
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Coal mines
Review of Ventilation and Roof Control Plans
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MSHA District Managers will review ventilation and roof control plans for extended cuts (greater than 20 feet). District Managers may require mine operators to specify in these plans:
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The number of miners working downwind of the continuous mining machine.
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The number of extended cuts miners will work downwind.
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MSHA will take additional dust samples for miners who are overexposed. (See sampling)
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MSHA District Managers will review approved plans to determine if the plans are appropriate when MSHA’s samples indicate silica overexposures.
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Sampling
Coal and MNM mines
MSHA will collect respirable dust samples from occupations known to have a high-risk of exposures to silica. This will include:
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MNM miners involved in overburden removal.
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Coal miners involved in the construction of a shaft or slope.
Coal mines
Extended Cuts (Greater than 20 feet)
For mines with approved extended cut mining, MSHA may collect additional dust samples for:
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Miners working downwind of a continuous mining machine.
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The number of extended cuts miners will work downwind.
Developing Cross Cuts
Developing a crosscut is a period in the mining process when miners may be potentially at a significant risk of high exposures.
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MSHA samples these miners when possible.
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Compliance Assistance
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MSHA will work with stakeholders including mine operators, industry, and labor.
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MSHA will share additional information through stakeholder calls and to MSHA grantees.
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All information will be posted on the Agency’s website.
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MSHA will distribute materials related to this initiative and provide compliance assistance through Educational Field and Small Mine Services staff.
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Miners’ Voice
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MSHA will reinvigorate efforts to educate miners about their rights to make hazardous condition complaints and their protections against retaliation and discrimination.
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MSHA will ensure that miners are aware of their right to:
- Accompany an MSHA inspector.
- Obtain an immediate MSHA inspection if they believe safety or health hazards exists.
- Identify hazardous conditions and refuse unsafe work without fear of retaliation and discrimination.
- Additional information will be posted on the MSHA’s website.
- Compliance assistance materials will be provided through the Educational Field and Small Mine Services staff.
- Accompany an MSHA inspector.