§ 70.509 - Supplemental noise exposure survey; reports and certification.

(a) Where the certified results of an initial noise exposure survey conducted in accordance with § 70.507, or a periodic noise exposure survey conducted in accordance with § 70.508, show that any miner in the active workings of the mine is exposed to a noise level in excess of the permissible noise level prescribed in Table I, the operator shall conduct a supplemental noise exposure survey with respect to each miner whose noise exposure exceeds this standard. This survey shall be conducted within 15 days following notification to the operator by the Mine Safety and Health Administration to conduct such survey.

(b) Supplemental noise exposure surveys shall be conducted by taking noise exposure measurements in accordance with § 70.506, however, noise exposure measurements shall be taken during the entire period of each individual operation to which the miner under consideration is actually exposed during his normal work shift.

(c) Each operator shall report and certify the results of each supplemental noise level survey conducted in accordance with this section to the Mine Safety and Health Administration and the Department of Health and Human Services using the Coal Mine Noise Data Report Form to record noise level readings taken with respect to all operations during which such measurements were taken.

(d) Supplemental noise exposure surveys shall, upon completion, be mailed to:

(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.))