§ 70.508 - Periodic noise exposure survey.

(a) At intervals of at least every 6 months after June 30, 1971, but in no case shall the interval be less than 3 months, each operator shall conduct, in accordance with this subpart, periodic surveys of the noise levels to which each miner in the active workings of the mine is exposed and shall report and certify the results of such surveys to the Mine Safety and Health Administration, and the Department of Health and Human Services, using the Coal Mine Noise Data Report Form. Reports shall be sent to:

(b) Where no A-scale reading recorded for any miner during an initial or periodic noise exposure survey exceeds 90 dBA, the operator shall not be required to survey such miner during any subsequent periodic noise level survey required by this section: Provided, however, That the name and job position of each such miner shall be reported in every periodic survey and the operator shall certify that such miner's job duties and noise exposure levels have not changed substantially during the preceding 6-month period.

(Sec. 101, Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811); sec. 301, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1317 (30 U.S.C. 961), Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))