mine health inspection procedures

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 compliance with Verify operators are in compliance with

the noise standardthe noise standard Discuss technologically achievable Discuss technologically achievable

engineering and administrative controlsengineering and administrative controls

A.&B. Noise Sampling EquipmentA.&B. Noise Sampling Equipment

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

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

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

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

TABLE 1TABLE 1 Quest Parameter SettingsQuest Parameter Settings

Measurement Parameter Value (If Applicable)

Dosimeter I Dosimeter II Dosimeter III

(Action Level) (PEL) (PEL)

Calibration (CA-10) 114 114 114

Range HI HI HI

UL (Upper Limit Level) 117 117 117

CL (Criterion Level) 90 90 90

ER (Exchange Rate) 5 5 5

TL (Lower Threshold Level) 80 90 90

Fast/Slow (Response Time) Slow Slow Slow

A/C (Frequency Weighting) 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 StrategyNoise Sampling Strategy

1-3.1-3. Identify Miner(s) to be SampledIdentify Miner(s) to be SampledConsiderations Include:Considerations Include: High Risk Occupations;High Risk Occupations; Exposure Conditions at the Time of Inspection;Exposure Conditions at the Time of Inspection; Prior Sampling History at the Mine; Prior Sampling History at the Mine; Reading of SLM or personal noise dosimeters; and,Reading of SLM or personal noise dosimeters; and, Any Other Information Such as the Mine’s Sampling Any Other Information Such as the Mine’s Sampling

Records.Records.At a minimum, miners who have the greatest risk of At a minimum, miners who have the greatest risk of

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

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

MUST review MSHA records prior to MUST review MSHA records prior to beginning the inspection at the mine! Such beginning the inspection at the mine! Such as:as: Previous Inspection Reports; Previous Inspection Reports; Previous Noise Technical Investigation results;Previous Noise Technical Investigation results; Listing of assigned P Codes (see Section N for Listing of assigned P Codes (see Section N for

description of P Codes); and, description of P Codes); and, The Uniform Mine File (Mine File). The Uniform Mine File (Mine File).

Before Taking Each Sample….Before Taking Each Sample…. Check the calibration label on the dosimeter Check the calibration label on the dosimeter

and calibrator to ensure they have been and calibrator to ensure they have been calibrated within calibrated within the past 12 monthsthe past 12 months. . 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 before and after EACH sampling shiftafter EACH sampling shift. . Document on Document on MSHA Form 2000-84MSHA Form 2000-84 If check indicates dosimeter If check indicates dosimeter is more than +/- 1.0 is more than +/- 1.0

dB of the calibrator, with either calibration checkdB of the calibrator, with either calibration check, , the instrument the instrument oror sampling results sampling results must not be must not be usedused. .

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

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

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

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

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

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

A.A. Sampling Inspection ProceduresSampling Inspection Procedures

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; and,What the sampling device does; and, Reason for the sampling (i.e., the Reason for the sampling (i.e., the

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

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

E. Sampling Inspection ProceduresE. Sampling Inspection Procedures

2.2. DosimetersDosimeters Take noise exposure measurements in Take noise exposure measurements in

accordance with the instrument manufacturer’s accordance with the instrument manufacturer’s recommendations. recommendations. This requires the dosimeter microphone to be located This requires the dosimeter microphone to be located

at the top of the shoulder ;at the top of the shoulder ; Midway between the neck and end of the shoulder ; Midway between the neck and end of the shoulder ;

and,and, With the microphone diaphragm pointing in a vertical With the microphone diaphragm pointing in a vertical

upward direction.upward direction. The microphone must be located on the shoulder that The microphone must be located on the shoulder that

is is normally betweennormally between the principal noise source and the the principal noise source and the miner's ear (see Figure 1). miner's ear (see Figure 1).

To the extent practical, the dosimeter and microphone cable must be To the extent practical, the dosimeter and microphone cable must be positioned underneath exterior clothing to minimize potential safety positioned underneath exterior clothing to minimize potential safety problems and damage to the instrument. The microphone must not be problems and damage to the instrument. The microphone must not be covered by clothing. covered by 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 whose The dosimeter must be worn by the miner whose exposure is being measured for an exposure is being measured for an entire normal entire normal work shift……work shift……, , Even if the normal work shift is in excess of 8 hours.Even if the normal work shift is in excess of 8 hours.

Sample Sample ONLYONLY when conditions are judged to be: when conditions are judged to be: NORMAL and REPRESENTATIVENORMAL and REPRESENTATIVE. .

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

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

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

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

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

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

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

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

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

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

F.F. Inspection Documentation – CoalInspection Documentation – Coal

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

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

affected miner(s).affected miner(s). A miner refusing to wear a dosimeter.A miner refusing to wear a dosimeter. Interruptions in the sampling requiring the dosimeter Interruptions in the sampling requiring the dosimeter

to be placed in the “PAUSE MODE” (i.e., miner to be placed in the “PAUSE MODE” (i.e., miner leaving mine property).leaving mine property).

Factors requiring a sample to be voided. (Includes Factors requiring a sample to be voided. (Includes

information from the miners being sampled.)information from the miners being sampled.)

F.F. Inspection Documentation – CoalInspection Documentation – Coal

The sources of noise for the miner(s) being sampledThe sources of noise for the miner(s) being sampled.. Engineering noise controls being utilized that could Engineering noise controls being utilized that could

affect the dose of the miners being sampled; their affect the dose of the miners being sampled; their condition and state of maintenance. condition and state of maintenance.

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

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

abatement period.abatement period.

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

An MSHA Form 7000-10P, June 93 (Revised), An MSHA Form 7000-10P, June 93 (Revised), Noise note page must be completed during an Noise note page must be completed during an inspection when sampling.inspection when sampling.

Complete the latest MSHA Form 2000-84 for Complete the latest MSHA Form 2000-84 for each inspection where noise samples are each inspection where noise samples are conducted and review the information for clarity, conducted and review the information for clarity, legibility, and accuracy.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 Feasibility of K. Determination of the Feasibility of Noise ControlsNoise 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 Administrative Feasibility = Technological and/or Administrative Achievability + Economic AchievabilityAchievability + Economic Achievability

K. Determination of the Feasibility of Noise K. Determination of the Feasibility of Noise ControlsControls

THE PROCESS2. Determine the miner (s) dose is over the PEL3. Describe noise sources and the condition and use of

controls in the notes4. Using the list of controls in PIB 04-18 for noise sources

describes in 2. Determine which are achievable in this situation

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


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

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

The nature and extent of the noise exposure. A comparison of cost estimates for original

equipment, replacement, retrofit, and/or repairs. 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?

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


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

2. 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.

3. 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 the operator or contractor that a miner’s noise operator or contractor that a miner’s noise exposure is at a exposure is at a citable levelcitable level and a citation could be and a citation could be issued at a later date.issued at a later date.

L. Compliance DeterminationL. Compliance Determination

Hearing Conservation ProgramHearing Conservation Program62.15062.150

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

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

System of Monitoring 62.110System of Monitoring 62.110

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

Dose determined without adjustment for the Dose determined without adjustment for the use of any hearing protectoruse 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 minersections of HCP will apply to each miner

Operator Documentation of Operator Documentation of MonitoringMonitoring

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

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

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

Below Action Level…less than 50% dose, less than Below Action Level…less than 50% dose, less than 85 TWA85 TWA

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

PEL (permissible exposure level)…more than PEL (permissible exposure level)…more than 100% dose or 90 dBA TWA100% dose or 90 dBA TWA

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

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

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

No provisions for this group in programNo provisions for this group in program Replace or substitute equipmentReplace or substitute equipment Engineer below that levelEngineer below that level Isolate from human exposureIsolate from human exposure

Requirements of remaining groups Requirements of remaining groups in Hearing Conservation Programin Hearing Conservation Program

Below Action Level (No action required other Below Action Level (No action required other than initial noise measurements) leaving three than initial noise measurements) leaving three groups in program:groups 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 Protectors... Voluntary Use of Hearing Protectors...

mandatory if 62.160(c) applies (chart)mandatory if 62.160(c) applies (chart) Voluntary Audiometric Testing (chart)Voluntary Audiometric Testing (chart) Training 62.150Training 62.150 Record Keeping 62.150Record Keeping 62.150

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

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

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

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

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

Dual Hearing Protection LevelDual Hearing Protection Level

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

Ensure the concurrent use of both an ear Ensure the concurrent use of both an ear plug and ear muff type hearing protectors plug and ear muff type hearing protectors 62.14062.140

Enforcement ActionsEnforcement Actions

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

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

Hearing Conservation ProgramHearing Conservation Program

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

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

Hearing Protectors 62.160Hearing Protectors 62.160

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

Training 62.180Training 62.180 Ensure in good condition, Ensure in good condition,

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

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

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

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

……hearing protectorshearing protectors

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


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

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

Audiometric Testing 62.170Audiometric Testing 62.170 Voluntary on part of minerVoluntary on part of miner

By qualified personnelBy qualified personnel At no cost to minerAt no cost to miner Within 6 months of Within 6 months of

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

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

Audiometric Testing records …Audiometric Testing records …62.17162.171

Name and job classification of miner testedName and job classification of miner tested Copies of all the miner’s audiogramsCopies of all the miner’s audiograms Evidence audiograms conducted per Part 62Evidence audiograms conducted per Part 62 Any exposure determinations and follow up Any exposure determinations and follow up

examinationsexaminations Maintain these records length of employment + six Maintain these records length of employment + six

monthsmonths Make records available for inspection by ARsMake records available for inspection by ARs

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

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

If STS occurred comply with 62.174If STS occurred comply with 62.174 Mine operator must report any reportable Mine operator must report any reportable

hearing loss to MSHA in accordance with hearing loss to MSHA in accordance with part 50 of 30 CFRpart 50 of 30 CFR



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

Training…62.180Training…62.180 Within 30 days of enrollment into HCP and every Within 30 days of enrollment into HCP and every

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

Affects of noise on hearingAffects of noise on hearing Purpose and value of hearing protectorsPurpose and value of hearing protectors Advantages and disadvantages of each typeAdvantages and disadvantages of each 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 maintaining noise Operator’s and miner’s tasks in maintaining noise

controlscontrols The purpose and value of audiometric testing and The purpose and value of audiometric testing and

summary of proceduressummary of procedures Certify the date and maintain records for Certify the date and maintain records for

employment +6 monthsemployment +6 months



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

Records 62.190Records 62.190

Available to DOL and HHSAvailable to DOL and HHS Available to miner or with miner’s written Available to miner or with miner’s written

consent, the miner’s designeeconsent, the miner’s designee Available to miner’s representativeAvailable to miner’s representative First copy at no cost, subsequent at First copy at no cost, subsequent at

reasonable costreasonable cost

Records 62.190Records 62.190

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

Must use baseline obtained by original Must use baseline obtained by original operatoroperator

Maintain for employment plus six monthsMaintain for employment plus six months

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 done in Audiometric testing and evidence done in

compliance with 30 CFR Part 62 62.171(c)compliance with 30 CFR 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 hearing would also recommend record of hearing protectors selected by each minerprotectors selected by each miner was miner given a selection?was miner given a selection?

would also recommend record if miner would also recommend record if miner declines to take an audiogramdeclines to take an audiogram 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 DeterminationL. Compliance Determination

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

technology; and, technology; and, (c) whether the committed resources are wholly out of (c) whether the committed resources are wholly out of

proportion to the expected results.proportion to the expected results.

3. 3. Citations and OrdersCitations and Orders

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

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

For each overexposure citedFor each overexposure cited One citation incorporating all provisions of Part 62One citation incorporating all provisions of Part 62

3. 3. Citations and OrdersCitations and Orders

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

M. Violation Abatement ProceduresM. Violation Abatement Procedures1. Upon issuance of a citation for a violation of 1. Upon issuance of a citation for a violation of

62.120, Action Level, the following abatement 62.120, Action Level, the following abatement procedures must be followed:procedures must be followed: a. The citation can be terminated when it is determined a. The citation can be terminated when it is determined

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

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

M. Violation Abatement ProceduresM. Violation Abatement Procedures

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


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

shift noise exposure sample upon expiration of shift noise exposure sample upon expiration of the abatement time as originally set or extended the abatement time as originally set or extended if feasible noise controls have been implemented if feasible 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 actions were taken (2) Documentation outlining what actions were taken to terminate the citation is required. to terminate the citation is required.

c. If compliance is not achieved and MSHA c. If compliance is not achieved and MSHA determines that additional feasible controls determines that additional feasible controls exist:exist:

(1) Additional engineering and/or administrative (1) Additional engineering and/or administrative controls are required to be installed or implemented controls are required to be installed or implemented to lower the miner’s noise exposures further.to lower the miner’s noise exposures further.


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


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

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

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

detail.detail.


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

been implemented and maintained; andbeen implemented and maintained; and (2). Administrative control procedures have been posted on (2). Administrative control procedures have been posted on

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

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


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

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


b. After the miner is provided with dual hearing protection, b. After the miner is provided with dual hearing protection, the mine operator must continue actions to lower miners’ the mine operator must continue actions to lower miners’ exposures to the PEL, using the 90 dBA PEL dose. The exposures to the PEL, using the 90 dBA PEL dose. The citation should be extended to allow the mine operator time citation should be extended to allow the mine operator time to comply with the requirements of 62.130.to comply with the requirements of 62.130.

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

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

N.N. P-codesP-codes

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

They are……They are……

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

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

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

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

c.c. Hearing protection is being provided and worn and, Hearing protection is being provided and worn and, d.d. The mine operator has posted and provided affected The mine operator has posted and provided affected

miners with copies of any procedures for miners with copies of any procedures for administrative controls being used.administrative controls being used.

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

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

PEL; and,PEL; and, All feasible engineering and administrative controls have All feasible engineering and administrative controls have

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

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

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

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

A citation A citation will be issuedwill be issued and an abatement period set. and an abatement period set. If compliance still cannot be achieved after If compliance still cannot be achieved after ALLALL

conditions above have been met, then a P Code conditions above have been met, then a P Code review process will be initiated.review process will be initiated.

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

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

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

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

If either scenario exists:If either scenario exists:

IfIf MSHA determines that a P Code is warranted- MSHA determines that a P Code is 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 PIECES P CODES ARE NOT ASSIGNED TO SPECIFIC PIECES

OF MINING EQUIPMENTOF MINING EQUIPMENT OR AREAS OF THE OR AREAS OF THE MINE.MINE.

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

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

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

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

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

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

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

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

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

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

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

mine health inspection procedures

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