Sec. 504. Study on respirable dust standards
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Section 202 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 842 ) is amended by adding at the end the following: Beginning August 1, 2021, the Secretary of Labor shall undertake a retrospective study that evaluates the effectiveness of the Department of Labor’s final rule entitled Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors (published May 1, 2014; 79 Fed. Reg. 24813), the data regarding the use of continuous personal dust monitors (in this paragraph referred to as CPDM ), and the rising number of cases of progressive massive fibrosis
(PMF)to determine whether— the 1.5 mg/m 3 respirable dust standard that was included in the final rule should be further lowered to better protect miners’ health; the 100 µg/m 3 standard for quartz (crystalline silica) in respirable dust should be lowered to better protect better protect miners’ health; the frequency of CPDM sampling should be increased; engineering controls and work practices used by mine operators to achieve and maintain the required respirable coal mine dust levels should be modified; samples taken on shifts longer than 8 hours should be converted to an 8-hour equivalent concentration to protect miners who work longer shifts; and research and development should be undertaken to modify the CPDM to provide real time data on exposure to respirable quartz. Not later than August 1, 2022, the Secretary shall transmit a report of the study required under paragraph
(1)to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. By August 1, 2025, and every 3 years thereafter, the Secretary shall conduct a new study as described in paragraph
(1)and report, by not later than one year after the commencement of the study, the findings of such study to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. If any report of the Secretary under this subsection concludes that the applicable standard for respirable dust concentration should be lowered to protect the health of miners, or that the incidence of pneumoconiosis among coal miners in the United States, as reported by the National Institute for Occupational Safety and Health, has not been reduced from such incidence prior to the implementation of the most recent applicable standard for respirable dust concentration, the Secretary shall, consistent with the requirements of this section and section 101, accordingly revise such standard and any applicable sampling or testing procedures not later than 24 months after the publication of such report of the Secretary under this subsection. .
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- 79 FR 24813
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