[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR62.160]

[Page 414-415]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 62--OCCUPATIONAL NOISE EXPOSURE--Table of Contents
 
Sec. 62.160  Hearing protectors.

    (a) A mine operator must provide a hearing protector to a miner 
whose noise exposure equals or exceeds the action level under 
Sec. 62.120 of this part. In addition, the mine operator must:
    (1) Train the miner in accordance with Sec. 62.180 of this part;
    (2) Allow the miner to choose a hearing protector from at least two 
muff types and two plug types, and in the event dual hearing protectors 
are required, to choose one of each type;
    (3) Ensure that the hearing protector is in good condition and is 
fitted and maintained in accordance with the manufacturer's 
instructions;
    (4) Provide the hearing protector and necessary replacements at no 
cost to the miner; and

[[Page 415]]

    (5) Allow the miner to choose a different hearing protector(s), if 
wearing the selected hearing protector(s) is subsequently precluded due 
to medical pathology of the ear.
    (b) The mine operator must ensure, after satisfying the requirements 
of paragraph (a) of this section, that a miner wears a hearing protector 
whenever the miner's noise exposure exceeds the permissible exposure 
level before the implementation of engineering and administrative 
controls, or if the miner's noise exposure continues to exceed the 
permissible exposure level despite the use of all feasible engineering 
and administrative controls.
    (c) The mine operator must ensure, after satisfying the requirements 
of paragraph (a) of this section, that a miner wears a hearing protector 
when the miner's noise exposure is at or above the action level, if:
    (1) The miner has incurred a standard threshold shift; or
    (2) More than 6 months will pass before the miner can take a 
baseline audiogram.