Mine Operator Requirements under 30 CFR 56/57.5002

Mine Operator Requirements under 30 CFR 56/57.5002

Topics 30 CFR 56/57.5002 Program Policy Letter Procedure Instruction Letter Surveys Frequency of Surveys Evidence of Surveys Assistance Questions/Discussion

30 CFR 56/57.5002, Exposure Monitoring “Dust, gas, mist and fume surveys shall be conducted as frequently as necessary to determine the adequacy of control measures”

Questions to answer Who conducts surveys? What constitutes a survey? How frequent is frequent enough? How to verify surveys are being conducted?

Program Policy Letter (PPL) Issued 10/22/2010 and available at http://www.msha.gov/REGS/COMPLIAN/PPLMEN.HTM Mine operators have the primary responsibility for protecting the health of miners Conducted by mine operator Conducted by third party Mine operators must demonstrate compliance rather than relying on enforcement interventions Emphasize: Plan Prevent Protect

Policy During MSHA inspections, MSHA inspectors will be evaluating operator activities to verify evidence of surveys and whether those surveys are being conducted frequent enough to ensure adequacy of controls.

Procedure Instruction Letter (PIL) Issued 12/16/2010 and available at http://www.msha.gov/regs/complian/PILS/201 0/PIL10-IV-01.asp Provides general instructions for assessing compliance with the requirements of 56/57.5002

What constitutes a survey? The term survey denotes any information collection method that Yields information as to miner exposures Yields information as to the effectiveness of controls Trained and knowledgeable persons should conduct surveys

Surveys Exposure monitoring Workplace inspections Inspection of equipment Injury, illness, incident tracking and/or reports Worker input Occupational health assessments Other methods

How frequent is frequent enough? 30 CFR 56/57.5002 does not require specific frequency of surveys Mine operator determines frequency based on several parameters

Parameters that impact frequency Sampling results and established TLVs (under 30 CFR 56/57.5001) Changes in the job Changes in the hazard Results of inspections and/or routine/special maintenance Worker identified issues Injury and/or illness reports and/or incidents

Evidence of Surveys 30 CFR 56/57.5002 does not specify any record keeping requirements Examples of evidence Exposure monitoring records Maintenance records Interviews Visual inspection Other evidence presented by the operator

Assistance MSHA continues to work with stakeholders MSHA working with other organizations Training and guidance with focus on small mines MSHA Websites http://www.msha.gov/SiteIndex/MNMSiteIndex.asp

Questions Comments Open Discussion