C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER O—COAL MINE SAFETY AND HEALTH › PART 90—MANDATORY HEALTH STANDARDS—COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS › Subpart B—Dust Standards, Rights of Part 90 Miners

30 C.F.R. § 90.100

Respirable dust standard

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The following is required as of April 14, 2025. After the 20th calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine, the operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which the part 90 miner in the active workings of the mine is exposed, as measured with an approved sampling device and expressed in terms of an equivalent concentration, at or below 0.5 mg/m 3.

[89 FR 28482, Apr. 18, 2024]
Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Nat'l Mining Ass'n v. Sec'y, U.S. Dep't of Labor, 812 F.3d 843 (11th Cir. 2016).
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Nat'l Mining Ass'n v. Sec'y, U.S. Dep't of Labor, 812 F.3d 843 (11th Cir. 2016). “See 30 C.F.R. § 90.100 (b). Likewise, the same lower standard applies, beginning in August 2016, “within 200 feet outby the working faces of each section in the intake airways.”
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