[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: 30CFR71.208]

[Page 432-433]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES--Table of Contents
 
                     Subpart C--Sampling Procedures
 
Sec. 71.208  Bimonthly sampling; designated work positions.

    (a) Each operator shall take one valid respirable dust sample from 
each designated work position during each bimonthly period beginning 
with the bimonthly period of February 1, 1981. The bimonthly periods 
are:

    February 1-March 31
    April 1-May 31
    June 1-July 31
    August 1-September 30
    October 1-November 30
    December 1-January 31

    (b) When the respirable dust standard is changed in accordance with 
Sec. 71.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of designated work positions shall begin on the 
first normal work shift during the next bimonthly period following 
notification of such change from MSHA.
    (c) Upon notification from MSHA that any respirable dust sample 
taken from a designated work position to meet the requirements of 
paragraph (a) or (b) of this section exceeds the applicable standard in 
Sec. 71.100 (Respirable dust standard) or Sec. 71.101 (Respirable dust 
standard when quartz is present), the operator shall take five valid 
respirable dust samples from that designated work position within 15 
calendar days. The operator shall begin such sampling on the first day 
on which there is a normal work shift following the day of receipt of 
notification.
    (d) Upon issuance of a citation for a violation of Sec. 71.100 
(Respirable dust standard) or Sec. 71.101 (Respirable dust

[[Page 433]]

standard when quartz is present) involving a designated work position, 
paragraphs (a), (b), and (c) of this section shall not apply to that 
designated work position until the violation is abated in accordance 
with Sec. 71.201(d) (Sampling; general requirements).
    (e) The District Manager shall designate the work positions at each 
surface coal mine and surface work area of an underground coal mine for 
respirable dust sampling under this section. The District Manager shall 
designate for sampling each work position at the mine where an average 
concentration of respirable dust exceeding 1.0 milligram per cubic meter 
of air has been measured by one or more samples. Where the respirable 
dust standard is below 1.0 milligram per cubic meter of air in 
accordance with Sec. 71.101 (Respirable dust standard when quartz is 
present), the District Manager shall designate for sampling each work 
position where an average concentration of respirable dust exceeding the 
applicable standard has been measured by one or more samples.
    (f) The District Manager shall withdraw the designation of a work 
position for sampling upon finding that the operator is able to maintain 
continuing compliance with the applicable respirable dust standard under 
Sec. 71.100 (Respirable dust standard) or Sec. 71.101 (Respirable dust 
standard when quartz is present). This finding shall be based on the 
results of samples taken during at least a one-year period under this 
part and by MSHA.
    (g) Unless otherwise directed by the District Manager, designated 
work position samples shall be taken by placing the sampling device as 
follows:
    (1) Equipment operator. On the equipment operator or on the 
equipment within 36 inches of the operator's normal working position;
    (2) Non-equipment operators. On the miner assigned to the designated 
work position or at a location that represents the maximum concentration 
of dust to which the miner is exposed.
    (h) Each designated work position sample shall be taken on a normal 
work shift. If a normal work shift is not achieved, the respirable dust 
sample shall be transmitted to MSHA with a notation by the person 
certified in accordance with Sec. 71.202 (Certified person; sampling) 
that the sample was not taken on a normal work shift. When a normal work 
shift is not achieved, the sample for that shift may be voided by MSHA. 
However, any sample, regardless of whether a normal work shift was 
achieved, 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 designated work position.