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The final rule, recently published in the Federal Register, updates the requirements for personal coal mine dust sampler unit approvals and amends language in the former regulations that reflect “new technology” sampler devices.

The final rule establishes criteria for new continuous personal dust monitor technology that is miner-worn and reports exposure levels in real time throughout a worker’s shift.

The main aspects of the new final rule are:

MSHA sampling device approval for intrinsic safety and NIOSH approval for performance

A revision of design specifications for the existing coal mine dust personal sampler units, or CPDMs, to reflect voluntary improvements made in the past 15 years, including reduction in size and weight, longer battery life, continuous flow and more tamper-resistant features

Establishment of new requirements for approval of CPDMs, which will allow the operator to monitor dust levels in real time and to immediately take corrective action to prevent overexposures

Establishment of performance criteria that will permit any instrument manufacturer to produce a continuous real-time dust exposure monitor.

“The final rule upgrades the approval requirements for the existing dust sampler that has been in use since passage of the Federal Coal Mine Health and Safety Act of 1969,” agency assistant secretary of labor for mine safety and health Joe Main said.

“It allows the approval of a new and revolutionary continuous personal dust monitor that, for the first time, allows for continuous monitoring in real time of the coal mine dust that miners breathe. Most importantly, the new CPDM device is a tool that will help wipe out the black lung disease that has plagued miners for over a century, claiming tens of thousands of lives.”

The CPDM sampling device was the result of 12 years of research and development between MSHA and NIOSH as well as labor personnel, management staff and others from the industry. Main said officials were now seeking the best ways to use CPDM units to protect workers from coal mine dust.

MSHA noted that the final rule does not address compliance-related issues regarding the CPDM, including how the unit will be used, who would be required to wear it and when. Those factors will be outlined in a future rulemaking, Main said.