MSHA Releases Final Rule on Coal Dust Exposure

One of the primary objectives of Assistant Secretary of Labor for Mine Safety and Health, Joseph  Main, has been to overhaul coal dust exposure regulations in order to further eradicate black lung disease among coal miners. In furtherance of that objective, MSHA launched an initiative in 2009 entitled "End Black Lung - Act Now!"  In 2010 MSHA proposed a new rule regarding coal dust exposure as the centerpiece of that initiative.  On April 23, 2014 MSHA announced the final version of that rule at the National Institute for Occupational Safety and Health  (NIOSH) headquarters in Morgantown, West Virginia.  

MSHA's new coal dust exposure rule contains several important changes of which operators should be aware.  The highlights of the new rule include:

  

the overall dust standard is reduced from 2.0 to 1.5 milligrams per cubic meter of air;

the standard for certain mine entries and miners with pneumoconiosis has been reduced from 1.0 to 0.5 milligrams per cubic meter of air; 

immediate corrective action is required when samples are obtained with high dust levels;

more frequent sampling is required of areas known to have high dust levels, including areas closest to production;

the number of positions to be sampled at surface mines is significantly  increased;

several requirements previously applicable to underground miners have been extended to surface miners, including  periodic x-rays and the right for miners with pneumoconiosis to transfer to less dusty areas;

 the method for averaging dust samples has been altered;

 dust sampling is required for entire shifts instead of only 8 hours;

 MSHA will cite operators for any single sample collected by the Agency exceeding the citation level;

the term "normal production shift" is redefined to require that dust samples be taken when mines are operating at a minimum of 80% of production rather than the previous minimum of 50% of production; and

 operators are required to conduct verified on-shift examinations of dust controls.

The entire text of the final rule and some analysis of the same can be found on MSHA's website.  The rule will take effect on August 1, 2014.  Some of the requirements, however, will be phased in during a two-year period after the rule's effective date. Most notably, the reduction in dust limits does not become effective until August 1, 2016.  

 MSHA will be holding field seminars in coal mining regions to provide a comprehensive review of the new requirements.   Operators would be well advised to examine the full text of the new rule and attend the MSHA field seminars.