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30 U.S.C. 811, 813(h) and 957.
89 FR 28470, Apr. 18, 2024, unless otherwise noted.
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(a) If any sampling indicates that a miner's exposure exceeds the PEL, the mine operator shall:
(1) Make approved respirators available to affected miners before the start of the next work shift in accordance with § 60.14(b) and (c);
(2) Ensure that affected miners wear respirators properly for the full shift or during the period of overexposure until miner exposures are at or below the PEL; and
(3) Immediately take corrective actions to lower the concentration of respirable crystalline silica to at or below the PEL.
(b) Once corrective actions have been taken, the mine operator shall:
(1) Conduct sampling pursuant to § 60.12(b); and
(2) Take additional or new corrective actions until sampling indicates miner exposures are at or below the PEL.
(c) The mine operator shall make a record of corrective actions and the dates of the corrective actions under paragraph (a) of this section.