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Proposed Rule2023-141992023-07-13

Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection

Labor Department, Mine Safety and Health Administration

Abstract

The Mine Safety and Health Administration (MSHA) proposes to amend its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards. MSHA has preliminarily determined that under the Agency's existing standards, miners at metal and nonmetal mines and coal mines face a risk of material impairment of health or functional capacity from exposure to respirable crystalline silica. MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air ([micro]g/m\3\) for a full shift exposure, calculated as an 8-hour time-weighted average, for all miners. MSHA's proposal would also include other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal miners. Furthermore, the proposal would replace existing requirements for respiratory protection and incorporate by reference ASTM F3387-19 Standard Practice for Respiratory Protection. The proposed uniform approach to respirable crystalline silica occupational exposure and improved respiratory protection for all airborne hazards would significantly improve health protections for all miners and lower the risk of material impairment of health or functional capacity.

Action & Dates

Action
Proposed rule; request for comments; notice of public hearings.
Dates
Written comments. Written comments, including comments on the information collection requirements described in this preamble, must be received or postmarked by midnight Eastern Time on August 28, 2023.

CFR References

Topics

ChemicalsCoalElectric powerExplosivesFire preventionGasesHazardous substancesIncorporation by referenceMine safety and healthNoise controlRadiation protectionReporting and recordkeeping requirementsSurface miningUnderground mining

Public Comment

Comments Close
2023-08-28

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Labor Mine Safety and Health Administration 30 CFR Parts 56, 57, 60, 70, 71, 72, 75, and 90 [Docket No. MSHA-2023-0001] RIN 1219-AB36 AGENCY: Mine Safety and Health Administration (MSHA), Department of Labor. ACTION: Proposed rule; request for comments; notice of public hearings. SUMMARY: The Mine Safety and Health Administration (MSHA) proposes to amend its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards. MSHA has preliminarily determined that under the Agency's existing standards, miners at metal and nonmetal mines and coal mines face a risk of material impairment of health or functional capacity from exposure to respirable crystalline silica. MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m 3 ) for a full shift exposure, calculated as an 8-hour time-weighted average, for all miners. MSHA's proposal would also include other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal miners. Furthermore, the proposal would replace existing requirements for respiratory protection and incorporate by reference ASTM F3387-19 Standard Practice for Respiratory Protection. The proposed uniform app

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Full Document

Citation: 88 FR 44852