Sec. 502. Rock dust standards
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Section 304(d) ( 30 U.S.C. 864(d) ) is amended— by striking Where rock and inserting the following: Rock dust .— Where rock ; by striking 65 per centum and all that follows and inserting 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane. ; and by adding at the end the following: Each operator of an underground coal mine shall take accurate and representative samples that measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust.
In order to ensure timely assessment and compliance with the requirements of subparagraph (A), the Secretary shall, beginning not later than 180 days after the date of enactment of the Robert C. Byrd Mine and Workplace Safety and Health Act of 2013, require operators to measure total incombustible content in samples of combined coal dust, rock dust, and other dust, using direct reading monitors that the Secretary has approved for use in an underground coal mine, such as coal dust explosibility monitors.
The Secretary shall, by not later than 180 days after the date of enactment of the Robert C. Byrd Mine and Workplace Safety and Health Act of 2013, promulgate an interim final rule that prescribes methods for sampling of total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust using direct reading monitors and includes requirements for locations, methods, and intervals for mandatory operator sampling. Not later than 1 year after the date of enactment of the Robert C.
Byrd Mine and Workplace Safety and Health Act of 2013, the Secretary of Health and Human Services shall, based upon the latest research, recommend to the Secretary of Labor any revisions to the mandatory operator sampling locations, methods, and intervals included in the interim final rule described in subparagraph
(C)that may be warranted in light of such research. . Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall prepare and submit, to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report— regarding whether any direct reading monitor described in section 304(d)(2)(B) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 864(d)(2)(B) ) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under such Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and identifying any limitations or impediments for such use in underground coal mines. Section 103(h) ( 30 U.S.C. 813(h) ) is amended by inserting after the first sentence the following: An operator of a coal or other mine shall, as part of the recordkeeping requirements of this Act, maintain up-to-date records of the amount of rock dust purchased and dispersed. .
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