MINERS RIGHTS AND RESPONSIBILITIES

EXPOSURE TO DIESEL PARTICULATE MATTER AT UNDERGROUND METAL/NONMETAL MINES

If you work or travel in underground areas of a mine where diesel emissions are present, the mine operator is required to provide annual training on the health risks associated with exposure to diesel particulate matter (DPM). This training must address methods used to control particulate matter, identify the individuals responsible for implementing DPM controls, and explain how those control measures operate.

The mine operator must monitor DPM exposure for a full work shift as frequently as necessary to confirm continued compliance with applicable standards. You or your miners’ representative have the right to observe the monitoring when it involves your assigned work area.

If monitoring results indicate overexposure to DPM, the operator must post the findings on the mine bulletin board along with a notice explaining how the condition will be corrected. Corrective actions must be implemented before the start of the next work shift. Sampling results must remain posted and be reviewed for a minimum of 30 days to verify ongoing compliance.

If efforts to reduce exposure to diesel particulate matter (DPM) are not effective, you may be enrolled in a respiratory protection program. Your ability to safely wear a respirator will be evaluated at no cost to you by a qualified healthcare professional.

If you are medically unable to wear a respirator, you will not be permitted to continue working in areas where respiratory protection is required. When a comparable position is available at the mine that does not require the use of a respirator, you must be reassigned to that position within 30 days at the same rate of pay.