The Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) published a proposed rule Friday in the Federal Register that establishes criteria for approving “continuous personal dust monitors,” new devices worn by miners to report coal dust exposure levels on a real-time and continuous basis. This proposal updates the application requirements for existing coal mine dust personal sampler units (CMDPSUs) that are currently used. The proposed rule addresses only the standards for approving the device requirements; it does not change regulations on how these sampling devices should be used.

The benefit of using the new continuous use devices is that miners can detect immediately whether the concentration of coal dust exposure is too high. Using a CMDPSU, a sample of air is collected during a shift and sent to a laboratory for testing, a process that often takes days or weeks. Receiving a real-time analysis of coal dust levels is believed to help prevent overexposure and limit black lung disease.

Under the proposed rule, in order to obtain approval for these new devices, manufacturers must, among other things, show that their devices are able to accurately and safely measure coal dust concentrations within the personal breathing zone of the miner using the device for a typical 8-hour shift. Additionally, the rule compels manufacturers to conduct all testing regarding the design, construction and measurement accuracy of the devices.

Comments on this proposed rule must be made by March 17, 2009. Those interested in commenting on this proposal should include the Regulatory Information Number (RIN) 1219-AB61 in their comments, which can be submitted by mail to MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA, 2209-3939, or electronically at http://regulations.gov. For more information, please contact Peter Susser, a shareholder in Littler’s D.C. office.