[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: 30CFR70.207]

[Page 424-425]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 70--MANDATORY HEALTH STANDARDS--UNDERGROUND COAL MINES--Table of Contents
 
                     Subpart C--Sampling Procedures
 
Sec. 70.207  Bimonthly sampling; mechanized mining units.

    (a) Each operator shall take five valid respirable dust samples from 
the designated occupation in each mechanized mining unit during each 
bimonthly period beginning with the bimonthly period of November 1, 
1980. Designated occupation samples shall be collected on consecutive 
normal production shifts or normal production shifts each of which is 
worked on consecutive days. The bimonthly periods are:

January 1-February 28 (29)
March 1-April 30
May 1-June 30
July 1-August 31
September 1-October 31
November 1-December 31.

    (b) When the respirable dust standard is changed in accordance with 
Sec. 70.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of mechanized mining units shall begin on the 
first production shift during the next bimonthly period following 
notification of such change from MSHA.
    (c) Upon issuance of a citation for a violation of Sec. 70.100(a) 
(Respirable dust standards) or Sec. 70.101 (Respirable dust standard 
when quartz is present) involving a designated occupation in a 
mechanized mining unit, paragraphs (a) and (b) of this section shall not 
apply to that unit until the violation is abated in accordance with 
Sec. 70.201(d) (Sampling; general requirements).
    (d) Each designated occupation sample shall be taken on a normal 
production shift. If a normal production shift is not achieved, the 
sample for that shift may be voided by MSHA. However, any sample, 
regardless of production, 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 mechanized mining unit.
    (e) Unless otherwise directed by the District Manager, the 
designated occupation samples shall be taken by placing the sampling 
device as follows:
    (1) Conventional section using cutting machine. On the cutting 
machine operator or on the cutting machine within 36 inches inby the 
normal working position;
    (2) Conventional section shooting off the solid. On the loading 
machine operator or on the loading machine within 36 inches inby the 
normal working position;
    (3) Continuous mining section other than auger-type. On the 
continuous mining machine operator or on the continuous mining machine 
within 36 inches inby the normal working position;
    (4) Continuous mining machine; auger-type. On the jacksetter who 
works nearest the working face on the return air side of the continuous 
mining machine or at a location that represents the maximum 
concentration of dust to which the miner is exposed;
    (5) Scoop section using cutting machine. On the cutting machine 
operator or on the cutting machine within 36 inches inby the normal 
working position;
    (6) Scoop section, shooting off the solid. On the coal drill 
operator or on the coal drill within 36 inches inby the normal working 
position;
    (7) Longwall section. On the miner who works nearest the return air 
side of the longwall working face or along the working face on the 
return side within 48 inches of the corner;
    (8) Hand loading section with a cutting machine. On the cutting 
machine operator or on the cutting machine within 36 inches inby the 
normal working position;
    (9) Hand loading section shooting off the solid. On the hand loader 
exposed to the greatest dust concentration or at a

[[Page 425]]

location that represents the maximum concentration of dust to which the 
miner is exposed;
    (10) Anthracite mine sections. On the hand loader exposed to the 
greatest dust concentration or at a location that represents the maximum 
concentration of dust to which the miner is exposed.
    (f)(1) Each mechanized mining unit will be assigned a four digit 
identification number by MSHA. The mechanized mining unit shall retain 
that identification number regardless of where the unit relocates within 
the mine.
    (2) When two sets of mining equipment are provided in a series of 
working places and only one production crew is employed at any given 
time on either set of mining equipment, the two sets of equipment shall 
be identified as a single mechanized mining unit. When two or more 
mechanized mining units are simultaneously engaged in the production of 
material within the same working section, each such mechanized mining 
unit shall be identified separately.