mine health inspection procedures noise coal and metal/nonmetal

MINE HEALTH MINE HEALTH INSPECTION INSPECTION PROCEDURESPROCEDURES

NOISENOISE

COAL COAL AND METAL/NONMETALAND METAL/NONMETAL

PURPOSEPURPOSE

Conducting Noise SamplingConducting Noise Sampling Evaluating Sample ResultsEvaluating Sample Results Implementing P-Code PolicyImplementing P-Code Policy Verify operators are in Verify operators are in

compliance with the noise compliance with the noise standardstandard

Discuss technologically Discuss technologically achievable engineering and achievable engineering and administrative controlsadministrative controls

A.&B. Noise Sampling A.&B. Noise Sampling EquipmentEquipment

Sample for FULL SHIFT using a personal Sample for FULL SHIFT using a personal noise dosimeter -noise dosimeter -

Properly placed on the miner’s shoulder.Properly placed on the miner’s shoulder. All Quest dosimeters must be set to All Quest dosimeters must be set to

parameters in Table 1. Quest Q-200, Q300, parameters in Table 1. Quest Q-200, Q300, & Noise Pro DL personal noise dosimeters:& Noise Pro DL personal noise dosimeters: Have multiple Have multiple internal dosimetersinternal dosimeters; Nos. I, II & ; Nos. I, II &

III.III. Dosimeters and acoustical calibrators are Dosimeters and acoustical calibrators are

required to be calibrated required to be calibrated annuallyannually. Strictly . Strictly adhere to the schedule to assure all adhere to the schedule to assure all dosimeters and calibrators are properly dosimeters and calibrators are properly calibrated. calibrated.

TABLE 1TABLE 1 Quest Parameter SettingsQuest Parameter Settings

Measurement ParameterMeasurement Parameter ValueValue (If Applicable)(If Applicable)

Dosimeter IDosimeter I Dosimeter IIDosimeter II Dosimeter IIIDosimeter III

((Action Level) (PEL)Action Level) (PEL) (PEL)(PEL)

Calibration (CA-10)Calibration (CA-10) 114 114 114 114 114 114

RangeRange HI HI HI HI HIHI

UL (Upper Limit Level)UL (Upper Limit Level) 117 117 117 117 117 117

CL (Criterion Level)CL (Criterion Level) 90 90 90 90 9090

ER (Exchange Rate)ER (Exchange Rate) 5 5 5 5 5 5

TL (Lower Threshold Level) 80TL (Lower Threshold Level) 80 90 90 9090

Fast/Slow (Response Time) SlowFast/Slow (Response Time) Slow Slow Slow Slow Slow

A/C (Frequency Weighting) AA/C (Frequency Weighting) A A A A A

After initial setup, Tech Support personnel will confirm the settings for Quest dosimeters during annual calibration and LOCK the codes in place. This will prohibit the settings from inadvertently being changed in the field.

C. C. Noise Sampling Noise Sampling StrategyStrategy

1-3.1-3. Identify Miner(s) to be Identify Miner(s) to be SampledSampled

Considerations Include:Considerations Include: High Risk Occupations;High Risk Occupations; Exposure Conditions at the Time of Exposure Conditions at the Time of

Inspection;Inspection; Prior Sampling History at the Mine; Prior Sampling History at the Mine; Reading of SLM or personal noise Reading of SLM or personal noise

dosimeters; and,dosimeters; and, Any Other Information Such as the Mine’s Any Other Information Such as the Mine’s

Sampling Records.Sampling Records.At a minimum, miners who have the greatest At a minimum, miners who have the greatest

risk of overexposure to noise should be risk of overexposure to noise should be identified and sampled.identified and sampled.

D. Pre-Inspection and Post-D. Pre-Inspection and Post-Inspection ProceduresInspection Procedures

MUST review MSHA records prior MUST review MSHA records prior to beginning the inspection at the to beginning the inspection at the mine! Such as:mine! Such as: Previous Inspection Reports; Previous Inspection Reports; Previous Noise Technical Previous Noise Technical

Investigation results;Investigation results; Listing of assigned P Codes (see Listing of assigned P Codes (see

Section N for description of P Codes); Section N for description of P Codes); and, and,

The Uniform Mine File (Mine File). The Uniform Mine File (Mine File).

Before Taking Each Before Taking Each Sample….Sample….

Check the calibration label on the Check the calibration label on the dosimeter and calibrator to ensure they dosimeter and calibrator to ensure they have been calibrated within have been calibrated within the past 12 the past 12 monthsmonths. . Note on the 2000-84 in comments section Note on the 2000-84 in comments section

Conduct a field calibration check Conduct a field calibration check before and after EACH sampling shiftbefore and after EACH sampling shift. . Document on MSHA Form 2000-84Document on MSHA Form 2000-84 If check indicates dosimeter If check indicates dosimeter is more than is more than

+/- 1.0 dB of the calibrator, with either +/- 1.0 dB of the calibrator, with either calibration checkcalibration check, the instrument , the instrument oror sampling results sampling results must not be usedmust not be used. .

Procedural instructions for checking Procedural instructions for checking calibration of the instruments are calibration of the instruments are contained in Appendix 1.contained in Appendix 1.

After Arriving at ANY After Arriving at ANY Mine…….Mine…….

The mine inspector must review:The mine inspector must review: All posted administrative controls; All posted administrative controls;

and, during the inspection, and, during the inspection, determinedetermine if they are being followed; and,if they are being followed; and,

Any engineering controls put into Any engineering controls put into place must also be checked to place must also be checked to determine if they are being determine if they are being maintained. maintained.

Document this information in the Document this information in the notes.notes.

E.E. Sampling Inspection Sampling Inspection ProceduresProcedures

1.1. Instructions to the MinerInstructions to the Miner

a.a. Explain to the miner - Explain to the miner - What you’re doing;What you’re doing; What the sampling device does; What the sampling device does;

and,and, Reason for the sampling (i.e., the Reason for the sampling (i.e., the

hazard). hazard). Emphasize that the personal Emphasize that the personal

noise dosimeter or sound level noise dosimeter or sound level meter is not a tape recording meter is not a tape recording device.device.

E. Sampling Inspection E. Sampling Inspection ProceduresProcedures 2.2. DosimetersDosimeters Take noise exposure measurements Take noise exposure measurements

in accordance with the instrument in accordance with the instrument manufacturer’s recommendations. manufacturer’s recommendations.

This requires the dosimeter microphone This requires the dosimeter microphone to be located at the top of the shoulder ;to be located at the top of the shoulder ;

Midway between the neck and end of the Midway between the neck and end of the shoulder ; and,shoulder ; and,

With the microphone diaphragm With the microphone diaphragm pointing in a vertical upward direction.pointing in a vertical upward direction.

The microphone must be located on the The microphone must be located on the shoulder that is shoulder that is normally betweennormally between the the principal noise source and the miner's principal noise source and the miner's ear (see Figure 1). ear (see Figure 1).

To the extent practical, the dosimeter and microphone To the extent practical, the dosimeter and microphone cable must be positioned underneath exterior clothing to cable must be positioned underneath exterior clothing to minimize potential safety problems and damage to the minimize potential safety problems and damage to the instrument. The microphone must not be covered by instrument. The microphone must not be covered by clothing. clothing. A wind screen should be used at all times. A wind screen should be used at all times.

Figure 1. Placement of the dosimeter microphone.

The dosimeter must be worn by the miner The dosimeter must be worn by the miner whose exposure is being measured for an whose exposure is being measured for an entire normal work shift……entire normal work shift……, , Even if the normal work shift is in excess of 8 Even if the normal work shift is in excess of 8

hours.hours. Sample Sample ONLYONLY when conditions are judged when conditions are judged

to be:to be: NORMAL and REPRESENTATIVENORMAL and REPRESENTATIVE. .

If unusual conditions arise during the If unusual conditions arise during the sampling period then the sample may sampling period then the sample may have to be VOIDED. have to be VOIDED.

Resampling must be conducted as soon Resampling must be conducted as soon as possible.as possible.

During each full-shift sample, During each full-shift sample, inspector must observe the miner inspector must observe the miner being sampled being sampled as frequently as is as frequently as is necessary to determine that a necessary to determine that a representative sample of the representative sample of the normal activities is being normal activities is being conducted. conducted.

Inspector must observe enough of Inspector must observe enough of the work activity to ensure that: the work activity to ensure that:

1.1. Dosimeters remain in the environment Dosimeters remain in the environment being sampled;being sampled;

2.2. Dosimeters are properly positioned or Dosimeters are properly positioned or placed on the miner for sampling;placed on the miner for sampling;

3.3. Dosimeters are not damaged; Dosimeters are not damaged; 4.4. Normal mining activities are taking Normal mining activities are taking

place; place;

5.5. A determination of production is A determination of production is made; made;

6.6. Noise controls (including Noise controls (including administrative controls) are administrative controls) are documented, etc.documented, etc.

Inspectors normally accompany Inspectors normally accompany miners out of the mine. miners out of the mine.

F.F. Inspection Documentation Inspection Documentation – Coal– Coal

1.1. Observations that MUST be Observations that MUST be described in the field notes:described in the field notes:

a.a. Administrative noise controls posted on the Administrative noise controls posted on the mine bulletin board. Detail whether they mine bulletin board. Detail whether they were followed during the sampling and if a were followed during the sampling and if a copy was provided to affected miner(s).copy was provided to affected miner(s).

b.b. A miner refusing to wear a dosimeter.A miner refusing to wear a dosimeter.

c.c. Interruptions in the sampling requiring the Interruptions in the sampling requiring the dosimeter to be placed in the “PAUSE MODE” dosimeter to be placed in the “PAUSE MODE” (i.e., miner leaving mine property).(i.e., miner leaving mine property).

d.d. Factors requiring a sample to be voided. Factors requiring a sample to be voided. (Includes information from the miners being (Includes information from the miners being sampled.)sampled.)

F.F. Inspection Documentation Inspection Documentation – Coal– Coal

e.e. The sources of noise for the miner(s) being The sources of noise for the miner(s) being sampledsampled..

f.f. Engineering noise controls being utilized that Engineering noise controls being utilized that could affect the dose of the miners being could affect the dose of the miners being sampled; their condition and state of sampled; their condition and state of maintenance. maintenance.

g.g. If a citation is being issued, list feasible noise If a citation is being issued, list feasible noise controls not being used to reduce the affected controls not being used to reduce the affected miner(s) dose or any other action or inaction miner(s) dose or any other action or inaction causing the citation to be issued. (Refer to PIB causing the citation to be issued. (Refer to PIB 04-18.)04-18.)

h.h. During follow-up sampling on an existing During follow-up sampling on an existing citation, detail the noise controls implemented citation, detail the noise controls implemented during the abatement period.during the abatement period.

F&I. Inspection F&I. Inspection Documentation /Reporting – Documentation /Reporting –

CoalCoal2.2. An MSHA Form 7000-10P, June 93 An MSHA Form 7000-10P, June 93

(Revised), Noise note page must be (Revised), Noise note page must be completed during an inspection when completed during an inspection when sampling.sampling.

3.3. Complete the latest MSHA Form 2000-84 Complete the latest MSHA Form 2000-84 for each inspection where noise samples for each inspection where noise samples are conducted and review the information are conducted and review the information for clarity, legibility, and accuracy.for clarity, legibility, and accuracy. Within 30 calendar days from completion of the sample, the data on the Form 2000-84 must be entered into the Coal Noise Sampling Database at either the field office or the district office.

K. Determination of the K. Determination of the Feasibility of Noise ControlsFeasibility of Noise Controls

For a noise overexposure greater than or equal to 132% of the permissible dose a feasibility determination must be made prior to issuing a citation for lack of controls.

Feasibility = Technological and/or Feasibility = Technological and/or Administrative Achievability + Economic Administrative Achievability + Economic

AchievabilityAchievability


THE PROCESS1. Determine the miner (s) dose is over the

PEL2. Describe noise sources and the condition

and use of controls in the notes3. Using the list of controls in PIB 04-18 for

noise sources describes in 2. Determine which are achievable in this situation

4. If all achievable controls are determined to be properly selected, installed, used, and maintained, or there are none, do not issue a citation for lack of controls, rather, initiate the P-Code process

See PIB 04-5, “Basis for Assigning a P-Code for Noise Overexposure


5. When all achievable controls have NOT been implemented in this situation, determine whether the controls are economically achievable in this particular situation

a. A reasoned estimate of the cost of the control under consideration. .

b. The nature and extent of the noise exposure.

c. A comparison of cost estimates for original equipment, replacement, retrofit, and/or repairs.

d. Estimated costs of abatement would be reasonable to achieve benefits


When determining economic achievability Is the cost of the controls wholly out of

proportion to the reduction in noise exposure expected by their implementation?

6.6. If a technologically achievable or If a technologically achievable or administratively achievable control is administratively achievable control is extremely costly for the operator but the extremely costly for the operator but the expected reduction in noise exposure is expected reduction in noise exposure is minimal, it may be determined that it is minimal, it may be determined that it is not economically achievable for the not economically achievable for the operator to install the controloperator to install the control


7. If a control is both technologically achievable or administratively achievable and economically achievable, then it is feasible for implementation by the mine operator.

8. Once feasibility (economic and technological or administrative achievable) is established for controls not in place, then issue the citation for the overexposure and set an abatement period.

9. Once all feasible controls are implemented and sampling indicates continued overexposure, proceed to a P-Code. (See Appendix 6, PIB 04-5, “Basis for Assigning a P-Code for Noise Overexposure.”)


In some cases, it will be necessary to seek supervisory guidance when making the decision whether to require a control. Consultation is strongly encouraged. Follow the district procedures for consulting with the field office supervisor, district staff, Division of Health or Technical Support staff for advice. Inform the operator or contractor that a miner’s the operator or contractor that a miner’s noise exposure is at a noise exposure is at a citable levelcitable level and a and a citation could be issued at a later date.citation could be issued at a later date.

L. Compliance L. Compliance DeterminationDetermination

Hearing Conservation Hearing Conservation ProgramProgram62.15062.150

A system of monitoringA system of monitoring Provisions for the use of hearing Provisions for the use of hearing

protectors (PPE)protectors (PPE) Audiometric testingAudiometric testing Training Training Record KeepingRecord Keeping

System of Monitoring System of Monitoring 62.11062.110

Sound Level Meter or Dosimeter set Sound Level Meter or Dosimeter set at specific rangesat specific ranges

Dose determined without adjustment Dose determined without adjustment for the use of any hearing protectorfor the use of any hearing protector

Reflect the miners full work shiftReflect the miners full work shift Key words “evaluate sufficiently”Key words “evaluate sufficiently” Levels obtained will determine which Levels obtained will determine which

sections of HCP will apply to each sections of HCP will apply to each minerminer

Operator Documentation of Operator Documentation of MonitoringMonitoring

Notify miners of exposure level Notify miners of exposure level for any miners that equal or for any miners that equal or exceed action level 62.110(d)exceed action level 62.110(d)

Maintain records of notifications Maintain records of notifications 62.110(e) 62.110(e)

Divide employees into Divide employees into five groups:five groups:

Below Action Level…less than 50% dose, Below Action Level…less than 50% dose, less than 85 TWAless than 85 TWA

Action Level…. 50% dose or above, 85 Action Level…. 50% dose or above, 85 dBA TWA or moredBA TWA or more

PEL (permissible exposure level)…more PEL (permissible exposure level)…more than 100% dose or 90 dBA TWAthan 100% dose or 90 dBA TWA

Dual Hearing Protection Level…more Dual Hearing Protection Level…more than 800% dose or 105 dBA TWAthan 800% dose or 105 dBA TWA

Maximum Exposure Level…115 dBA for Maximum Exposure Level…115 dBA for more than 15 minutes total or 30 seconds more than 15 minutes total or 30 seconds continuouscontinuous

Step 1 - Eliminate Group Step 1 - Eliminate Group 5 ‘Maximum Exposure 5 ‘Maximum Exposure

Level’Level’ No provisions for this group in No provisions for this group in

programprogram Replace or substitute equipmentReplace or substitute equipment Engineer below that levelEngineer below that level Isolate from human exposureIsolate from human exposure

Requirements of remaining Requirements of remaining groups in Hearing groups in Hearing

Conservation ProgramConservation Program Below Action Level (No action Below Action Level (No action

required other than initial noise required other than initial noise measurements) leaving three groups measurements) leaving three groups in program:in program:

Action LevelAction Level PELPEL Dual Hearing ProtectionDual Hearing Protection

Action LevelAction Level

Enroll Miner in HCP 62.120Enroll Miner in HCP 62.120 Voluntary Use of Hearing Voluntary Use of Hearing

Protectors... mandatory if Protectors... mandatory if 62.160(c) applies (chart)62.160(c) applies (chart)

Voluntary Audiometric Testing Voluntary Audiometric Testing (chart)(chart)

Training 62.150Training 62.150 Record Keeping 62.150Record Keeping 62.150

Permissible Exposure Permissible Exposure Level (PEL)Level (PEL)

Requirements of Action Level (Requirements of Action Level (monitoring, monitoring, voluntary audiometric testing, training, voluntary audiometric testing, training, record keepingrecord keeping))

All feasible engineering and administrative All feasible engineering and administrative controls to reduce exposure to below the controls to reduce exposure to below the PEL (even if these controls alone don’t PEL (even if these controls alone don’t achieve compliance) 62.130 (a) & (b)achieve compliance) 62.130 (a) & (b)

Post administrative controls and provide Post administrative controls and provide copy to affected miner 62.130(a)copy to affected miner 62.130(a)

Mandatory use of hearing protectors Mandatory use of hearing protectors (chart)(chart)

Dual Hearing Protection Dual Hearing Protection LevelLevel

Meet all the requirements of the Meet all the requirements of the PEL level (PEL level (monitoring, mandatory monitoring, mandatory use of hearing protectors, voluntary use of hearing protectors, voluntary audiometric testing, training, audiometric testing, training, record keeping, engineering and record keeping, engineering and administrative controlsadministrative controls))

Ensure the concurrent use of both Ensure the concurrent use of both an ear plug and ear muff type an ear plug and ear muff type hearing protectors 62.140hearing protectors 62.140

Enforcement ActionsEnforcement Actions

Citations issued under 62.120 are based on Citations issued under 62.120 are based on readings taken from line “V. 85 Action Level readings taken from line “V. 85 Action Level Dose” MSHA Form 2000-84, if this dose is 66 Dose” MSHA Form 2000-84, if this dose is 66 percent or greater and the effected miner is percent or greater and the effected miner is notnot enrolled in a Hearing Conservation Program as enrolled in a Hearing Conservation Program as defined under 62.150defined under 62.150

Citations issued under 62.130(a) are based on Citations issued under 62.130(a) are based on readings from line “W. 90 PEL Dose”, if the readings from line “W. 90 PEL Dose”, if the dose is 132 percent or greater, deficiencies of dose is 132 percent or greater, deficiencies of the HCP are documented in section 8. the HCP are documented in section 8. “Condition or Practice” of the citation. (only one “Condition or Practice” of the citation. (only one citation)citation)

Hearing Conservation Hearing Conservation ProgramProgram



Hearing Protectors Hearing Protectors 62.16062.160

Provide to any miner Provide to any miner who exceeds the action who exceeds the action level 62.160(a)level 62.160(a)

Training 62.180Training 62.180 Ensure in good Ensure in good

condition, fitted and condition, fitted and maintained 62.160(a)maintained 62.160(a)(3)(3)

Provide and replace at Provide and replace at no cost to miner no cost to miner 62.160(a)(4)62.160(a)(4)

Choice from at least Choice from at least two muff types….two muff types….

……and two plug types 62.160(a)and two plug types 62.160(a)(2)(2)

……hearing protectorshearing protectors

Allow for a change Allow for a change in choice if need in choice if need be due to medical be due to medical pathology of the pathology of the ear 62.160(a)(5)ear 62.160(a)(5)

Audiometric Testing Audiometric Testing 62.17062.170

Voluntary on part of minerVoluntary on part of miner By qualified By qualified

personnelpersonnel At no cost to minerAt no cost to miner Within 6 months of Within 6 months of

enrollment in HCP enrollment in HCP (will serve as (will serve as baseline if one not baseline if one not currently existing)currently existing)

Subsequent annual Subsequent annual Audiograms every 12 Audiograms every 12 months thereaftermonths thereafter

Audiometric Testing Audiometric Testing records …62.171records …62.171

Name and job classification of miner Name and job classification of miner testedtested

Copies of all the miner’s audiogramsCopies of all the miner’s audiograms Evidence audiograms conducted per Part Evidence audiograms conducted per Part

6262 Any exposure determinations and follow Any exposure determinations and follow

up examinationsup examinations Maintain these records length of Maintain these records length of

employment + six monthsemployment + six months Make records available for inspection by Make records available for inspection by

ARsARs

Results of audiogram...Results of audiogram...

Provide miner written results Provide miner written results within 10 days of receiving within 10 days of receiving results 62.175(a)results 62.175(a)

If STS occurred comply with If STS occurred comply with 62.17462.174

Mine operator must report any Mine operator must report any reportable hearing loss to MSHA reportable hearing loss to MSHA in accordance with part 50 of 30 in accordance with part 50 of 30 CFRCFR



protectors (PPE)protectors (PPE) Audiometric testingAudiometric testing TrainingTraining Record KeepingRecord Keeping

Training…62.180Training…62.180 Within 30 days of enrollment into Within 30 days of enrollment into

HCP and every 12 months thereafter HCP and every 12 months thereafter as long as miner remains in HCP.as long as miner remains in HCP.

Affects of noise on hearingAffects of noise on hearing Purpose and value of hearing Purpose and value of hearing

protectorsprotectors Advantages and disadvantages of Advantages and disadvantages of

each typeeach type Care fitting and use of each typeCare fitting and use of each type

Training…62.180Training…62.180

Requirements of Part 62Requirements of Part 62 Operator’s and miner’s tasks in Operator’s and miner’s tasks in

maintaining noise controlsmaintaining noise controls The purpose and value of audiometric The purpose and value of audiometric

testing and summary of procedurestesting and summary of procedures Certify the date and maintain records Certify the date and maintain records

for employment +6 monthsfor employment +6 months

Records 62.190Records 62.190

Available to DOL and HHSAvailable to DOL and HHS Available to miner or with Available to miner or with

miner’s written consent, the miner’s written consent, the miner’s designeeminer’s designee

Available to miner’s Available to miner’s representativerepresentative

First copy at no cost, First copy at no cost, subsequent at reasonable costsubsequent at reasonable cost

Records 62.190Records 62.190

Must be transferred by operator Must be transferred by operator to any successor operators, to any successor operators, successor operator must successor operator must maintain maintain

Must use baseline obtained by Must use baseline obtained by original operatororiginal operator

Maintain for employment plus six Maintain for employment plus six monthsmonths

Written recordsWritten records

Monitoring and miner notification Monitoring and miner notification 62.110(e) 62.110(e)

Administrative controls 62.130(a)Administrative controls 62.130(a) Audiometric testing and evidence Audiometric testing and evidence

done in compliance with 30 CFR done in compliance with 30 CFR Part 62 62.171(c)Part 62 62.171(c)

Certification of training 62.180(b)Certification of training 62.180(b)

Written recordsWritten records

would also recommend record of would also recommend record of hearing protectors selected by hearing protectors selected by each minereach miner was miner given a selection?was miner given a selection?

would also recommend record if would also recommend record if miner declines to take an miner declines to take an audiogramaudiogram was miner offered audiogram?was miner offered audiogram?

Is Dual Hearing Protection Worn?

>1056%

Cite 62.140

Y

es No

Set Abatement Period

L.2. Permissible

Exposure

Level

L. Compliance L. Compliance DeterminationDetermination

Consistent with the Commission Consistent with the Commission decisions, in enforcing the noise decisions, in enforcing the noise standard, MSHA will continue to consider standard, MSHA will continue to consider three factors in determining whether three factors in determining whether engineering controls are feasible at a engineering controls are feasible at a particular mine. These factors are: particular mine. These factors are: (a) the nature and extent of the exposure; (a) the nature and extent of the exposure; (b) the demonstrated effectiveness of (b) the demonstrated effectiveness of

available technology; and, available technology; and, (c) whether the committed resources are (c) whether the committed resources are

wholly out of proportion to the expected wholly out of proportion to the expected results.results.

3. 3. Citations and OrdersCitations and Orders

Single noise source causing an Single noise source causing an overexposure to multiple minersoverexposure to multiple miners One citationOne citation

Multiple noise sources causing an Multiple noise sources causing an overexposure to multiple minersoverexposure to multiple miners Each overexposure cited separateEach overexposure cited separate

For each overexposure citedFor each overexposure cited One citation incorporating all provisions One citation incorporating all provisions

of Part 62of Part 62

3. 3. Citations and OrdersCitations and Orders

Where a mine has been assigned a "P"-Where a mine has been assigned a "P"-code, failure to comply with any of the code, failure to comply with any of the conditions of the "P"-code, including conditions of the "P"-code, including provisions of 30 CFR 62.150, will provisions of 30 CFR 62.150, will result in a separate citation for each result in a separate citation for each miner affected. For example, if three miner affected. For example, if three miners exposed to the noise generated miners exposed to the noise generated from a single piece of equipment that from a single piece of equipment that is covered by a "P"-code are observed is covered by a "P"-code are observed not wearing hearing protection, not wearing hearing protection, three three separate citationsseparate citations will be issued. will be issued.

M. Violation Abatement M. Violation Abatement ProceduresProcedures

1. Upon issuance of a citation for a 1. Upon issuance of a citation for a violation of 62.120, Action Level, the violation of 62.120, Action Level, the following abatement procedures must be following abatement procedures must be followed:followed: a. The citation can be terminated when it is a. The citation can be terminated when it is

determined that the mine operator has determined that the mine operator has enrolled the affected miner(s) in a Hearing enrolled the affected miner(s) in a Hearing Conservation Program that fully complies with Conservation Program that fully complies with all elements of section 62.150. all elements of section 62.150.

b. The citation can be terminated when b. The citation can be terminated when audiometric testing has been scheduled. If audiometric testing has been scheduled. If subsequent inspections reveal the miner is still subsequent inspections reveal the miner is still exposed at or above the Action Level and did exposed at or above the Action Level and did not receive the testing another citation is not receive the testing another citation is issued. If circumstances warrant, this citation issued. If circumstances warrant, this citation should reflect a higher degree of negligence should reflect a higher degree of negligence and/or gravity.and/or gravity.


If the mine operator fails to abate the If the mine operator fails to abate the citation within the abatement period, re-citation within the abatement period, re-sample and if a citable action level sample and if a citable action level exposure is found, issue a 104(b) order.exposure is found, issue a 104(b) order.If a 104(b) order is issued, the affected If a 104(b) order is issued, the affected miner(s) must be withdrawn from the miner(s) must be withdrawn from the “affected area” and the “affected area” “affected area” and the “affected area” portion of the order must list the miner’s portion of the order must list the miner’s location and occupation. The order location and occupation. The order cannot be lifted until compliance with all cannot be lifted until compliance with all five elements of 62.150 has been five elements of 62.150 has been achieved. Documentation outlining what achieved. Documentation outlining what actions were taken to terminate the actions were taken to terminate the citation is required. citation is required.


2. Upon issuance of a citation for a 2. Upon issuance of a citation for a violation of 62.130, Permissible violation of 62.130, Permissible Exposure Level, the following Exposure Level, the following abatement procedures must be abatement procedures must be followed:followed: a. The inspector must conduct a follow-a. The inspector must conduct a follow-

up full-shift noise exposure sample upon up full-shift noise exposure sample upon expiration of the abatement time as expiration of the abatement time as originally set or extended if feasible originally set or extended if feasible noise controls have been implemented noise controls have been implemented which may achieve compliance.which may achieve compliance.

b. If the sample shows compliance:b. If the sample shows compliance:


(1) The citation must be terminated; and(1) The citation must be terminated; and

(2) Documentation outlining what (2) Documentation outlining what actions were taken to terminate the actions were taken to terminate the citation is required. citation is required.

c. If compliance is not achieved c. If compliance is not achieved and MSHA determines that and MSHA determines that additional feasible controls exist:additional feasible controls exist:(1) Additional engineering and/or (1) Additional engineering and/or

administrative controls are required to administrative controls are required to be installed or implemented to lower be installed or implemented to lower the miner’s noise exposures further.the miner’s noise exposures further.


d. If compliance is not achieved and MSHA d. If compliance is not achieved and MSHA determines that all feasible engineering and determines that all feasible engineering and administrative controls have been installed or administrative controls have been installed or implemented, and all other requirements of implemented, and all other requirements of 62.130 have been met (e.g., feasible 62.130 have been met (e.g., feasible engineering controls are being maintained, engineering controls are being maintained, miners are enrolled in an HCP that complies miners are enrolled in an HCP that complies with all parts of 62.150, operator-provided with all parts of 62.150, operator-provided hearing protection is being worn, and hearing protection is being worn, and administrative control procedures are being administrative control procedures are being followed, have been posted on the mine followed, have been posted on the mine bulletin board and copies provided to affected bulletin board and copies provided to affected miners): miners):


(1). A P-code will be assigned for (1). A P-code will be assigned for MSHA MSHA recordkeeping purposes; recordkeeping purposes;

(2) The citation will be (2) The citation will be terminated; andterminated; and

(3) The termination language will (3) The termination language will reference reference the P-code minimum the P-code minimum acceptable engineering acceptable engineering and and administrative controls and conditions administrative controls and conditions

in in detail.detail.


For violations of the permissible exposure level, For violations of the permissible exposure level, a citation will not be terminated until the a citation will not be terminated until the operator has complied with each of the following operator has complied with each of the following requirements:requirements: (1). All feasible engineering and administrative (1). All feasible engineering and administrative

controls have been implemented and maintained; andcontrols have been implemented and maintained; and (2). Administrative control procedures have been (2). Administrative control procedures have been

posted on the mine bulletin board, copies have been posted on the mine bulletin board, copies have been provided to affected miners, and the procedures are provided to affected miners, and the procedures are being followed; andbeing followed; and

(3). Affected miners have been enrolled in an HCP (3). Affected miners have been enrolled in an HCP that complies with that complies with ALLALL of section 62.150; and of section 62.150; and


3. Upon issuance of a citation for a 3. Upon issuance of a citation for a violation of 62.140, Dual Hearing violation of 62.140, Dual Hearing Protection Level, the following abatement Protection Level, the following abatement procedures must be followed:procedures must be followed: a. If the operator does not provide the miner with a. If the operator does not provide the miner with

dual hearing protection within the dual hearing protection within the shortshort abatement period, and an extension is not abatement period, and an extension is not warranted, issue a 104(b) order. If a 104(b) order warranted, issue a 104(b) order. If a 104(b) order is issued, the affected miner(s) must be withdrawn is issued, the affected miner(s) must be withdrawn from the “affected area” and the “affected area” from the “affected area” and the “affected area” portion of the order must list the miner’s location portion of the order must list the miner’s location and occupation. Upon the abatement of the and occupation. Upon the abatement of the conditions or practices cited in the original citation conditions or practices cited in the original citation the order can be terminated. Documentation the order can be terminated. Documentation outlining what actions were taken to terminate the outlining what actions were taken to terminate the citation is required. citation is required.


b. After the miner is provided with dual hearing b. After the miner is provided with dual hearing protection, the mine operator must continue actions to protection, the mine operator must continue actions to lower miners’ exposures to the PEL, using the 90 dBA lower miners’ exposures to the PEL, using the 90 dBA PEL dose. The citation should be extended to allow the PEL dose. The citation should be extended to allow the mine operator time to comply with the requirements of mine operator time to comply with the requirements of 62.130.62.130.

c. The inspector c. The inspector must must conduct a follow-up full-shift conduct a follow-up full-shift noise exposure sample upon expiration of the noise exposure sample upon expiration of the abatement time as originally set or extended if feasible abatement time as originally set or extended if feasible noise controls have been implemented which may noise controls have been implemented which may achieve compliance.achieve compliance.

d. If it is found that the noise exposure has been d. If it is found that the noise exposure has been reduced to or below the DHPL, but still exceeds the reduced to or below the DHPL, but still exceeds the PEL, compliance with 62.130 must still be achieved PEL, compliance with 62.130 must still be achieved before the citation can be terminated. (See PEL before the citation can be terminated. (See PEL abatement procedure Section M.2.)abatement procedure Section M.2.)

N.N. P-codesP-codes

There are two scenarios There are two scenarios where a P-code will be where a P-code will be

issued. issued.

They are……They are……

1. No Citation Issued1. No Citation Issued MSHA determines that a miner’s full shift MSHA determines that a miner’s full shift

exposure exposure exceeds the PEL; and,exceeds the PEL; and,a.a. All feasible engineering and administrative All feasible engineering and administrative

controls have already been put in place and controls have already been put in place and are maintained and,are maintained and,

b.b. All affected miners are enrolled in a Hearing All affected miners are enrolled in a Hearing Conservation Program that complies with Conservation Program that complies with all elements of 62.150 and,all elements of 62.150 and,

c.c. Hearing protection is being provided and Hearing protection is being provided and worn and, worn and,

d.d. The mine operator has posted and provided The mine operator has posted and provided affected miners with copies of any affected miners with copies of any procedures for administrative controls being procedures for administrative controls being used.used.

Then, NO Citation will be issued & P Code Then, NO Citation will be issued & P Code review process will be initiatedreview process will be initiated. . (Appendices 3, 4 & 5)(Appendices 3, 4 & 5)

2. 2. Citation IssuedCitation Issued MSHA determines that a miner’s full shift MSHA determines that a miner’s full shift

exposure exposure exceeds the PEL; and,exceeds the PEL; and,a.a. All feasible engineering and administrative All feasible engineering and administrative

controls have not been implemented, controls have not been implemented, oror are are implemented but not maintained;implemented but not maintained;

b.b. All affected miners are All affected miners are notnot enrolled in a enrolled in a Hearing Conservation Program that complies Hearing Conservation Program that complies with all elements of 62.150;with all elements of 62.150;

c.c. Hearing protection has Hearing protection has notnot been provided been provided oror is is notnot being worn; being worn; oror

d.d. The mine operator has The mine operator has notnot posted posted oror provided provided affected miners with copies of administrative affected miners with copies of administrative controls being used.controls being used.

A citation A citation will be issuedwill be issued and an abatement and an abatement period set. period set.

If compliance still cannot be achieved after If compliance still cannot be achieved after ALLALL conditions above have been met, conditions above have been met, then a P Code review process will be then a P Code review process will be initiated.initiated.

P Code documentation must be developed P Code documentation must be developed in accordance with the P Code in accordance with the P Code Documentation Checklist (See Appendix 3).Documentation Checklist (See Appendix 3).

Information will then be referred to the Information will then be referred to the District Manager for a recommendation. District Manager for a recommendation. If the DM believes P-code is warranted, If the DM believes P-code is warranted,

Manager reviews the situation in consultation Manager reviews the situation in consultation with field enforcement staff, headquarters’ with field enforcement staff, headquarters’ officials, and MSHA technical experts. officials, and MSHA technical experts.

Review includes evaluation of the circumstances Review includes evaluation of the circumstances surrounding the overexposure, with particular surrounding the overexposure, with particular emphasis on assessing the feasibility and emphasis on assessing the feasibility and effectiveness of control options.effectiveness of control options.

If either scenario exists:If either scenario exists:

IfIf MSHA determines that a P Code is MSHA determines that a P Code is warranted-warranted- It will be assigned to the It will be assigned to the miner’s occupationminer’s occupation.. P CODES ARE NOT ASSIGNED TO SPECIFIC P CODES ARE NOT ASSIGNED TO SPECIFIC

PIECES OF MINING EQUIPMENTPIECES OF MINING EQUIPMENT OR AREAS OF OR AREAS OF THE MINE.THE MINE.

The approved P Code will be transmitted to the The approved P Code will be transmitted to the mine operator through the DM. mine operator through the DM.

All P Codes will be identified by a tracking All P Codes will be identified by a tracking number. number.

If a P Code is issued –If a P Code is issued – Operator must continue to abide by Operator must continue to abide by

requirements in 62.130 and the P Code requirements in 62.130 and the P Code parameters, whether a citation has been parameters, whether a citation has been issued or not. issued or not.

District offices will District offices will assureassure that - that - Periodic review of the P Code Periodic review of the P Code

determines the parameters of the P determines the parameters of the P Code are being followed.Code are being followed.

P Codes can be P Codes can be rescindedrescinded Operator fails to comply with specified P Operator fails to comply with specified P

code parameters; or,code parameters; or, Sampling demonstrates the operator has Sampling demonstrates the operator has

reduced miners’ exposures to PEL; or, reduced miners’ exposures to PEL; or, New feasible technology becomes New feasible technology becomes

available and mine operator refuses to available and mine operator refuses to implement the technology; or,implement the technology; or,

Any requirements of 62.130 are not Any requirements of 62.130 are not complied with. complied with.

mine health inspection procedures noise coal and metal/nonmetal

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