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DOL/MSHA | RIN: 1219-AB14 | Publication ID: Fall 1998 |
Title: Verification of Dust Control Plan | |
Abstract: The Federal Mine Safety and Health Act of 1969 established the first comprehensive respirable dust standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (black lung) and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease, according to the National Institute for Occupational Safety and Health (NIOSH). In February 1996, the Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the adequacy of MSHA's current program and standards to control respirable dust in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The Committee represented the labor, industry, and academic communities. The committee submitted its report to the Secretary of Labor in November 1996, with the majority of the recommendations unanimously supported by the Committee members. ^PMSHA has completed an in-depth review of the Advisory Committee's recommendations. There are 20 principal recommendations set out in the Advisory Committee report, which are further subdivided into a total of approximately 100 distinct action items. The recommendations are both extensive and significant. The Agency is giving each recommendation careful consideration and has prioritized them for regulatory or administrative action. ^PThe Agency will provide information to the mining community as it determines how to implement the Advisory Committee recommendations. | |
Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 30 CFR 70 30 CFR 75 | |
Legal Authority: 30 USC 811 30 USC 812 |
Statement of Need: Respirable coal mine dust levels in this country are significantly lower than they were over two decades ago. Despite this progress, there continues to be concern about the respirable coal mine dust sampling program and its effectiveness in presenting an accurate picture of exposure levels in mines. MSHA regulations require that all underground coal mine operators develop and follow a mine ventilation plan approved by the Agency. The dust control portion of the mine ventilation plan is the key element of an operator's strategy to control respirable dust in the work environment. Although such plans are required to be designed to control respirable dust, there is no current requirement that provides for early in-mine verification of the proposed plan's effectiveness under typical mining conditions. Consequently, plans may be implemented that may later be shown as inadequate to control respirable dust. To minimize this from occurring, the Advisory Committee recommended that MSHA should require coal mine operators to verify the adequacy of the dust control provisions in new or revised plans by demonstrating that the plan will be effective under typical mining conditions. ^PTherefore, MSHA is considering regulatory actions which would require mine operators to verify a plan's adequacy in controlling respirable dust. |
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Alternatives: In developing the proposed rule, MSHA will consider alternatives related to typical production levels and the use of appropriate dust control strategies. |
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Anticipated Costs and Benefits: Benefits sought are reduced dust levels over a miner's working lifetime, the key to eliminating black lung and silicosis as a risk to coal miners. Enhanced protection of miners from these diseases also will reduce the cost of future black lung benefits and lead to lower operator insurance premiums. MSHA is in the early stages of developing proposed rules and does not have cost estimates. As we proceed, however, we will develop estimates and make them available for public review. |
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Risks: Respirable coal mine dust is one of the most serious occupational hazards in the mining industry. Long-term exposure to excessive levels of respirable coal mine dust can cause black lung and silicosis, which are both potentially disabling and can cause death. MSHA is pursuing both regulatory and nonregulatory actions to eliminate pneumoconiosis through the control of coal mine respirable dust levels in mines and the reduction of miners' exposure. |
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Timetable:
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Additional Information: This rulemaking is related to 1219-AA81 | |
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | |
Included in the Regulatory Plan: Yes | |
Agency Contact: Marvin W. Nichols Jr. Director, Office of Standards Department of Labor Mine Safety and Health Administration Room 2352, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Phone:202 693-9440 Fax:202 693-9441 Email: nichols-marvin@dol.gov |