The Mine Safety and Health Administration's criterion threshold value policy increases miners' risk of pneumoconiosis.
BACKGROUND
The Mine Safety and Health Administration (MSHA) proposes to issue citations for non-compliance with the exposure limit for respirable coal mine dust when measured exposure exceeds the exposure limit with a "high degree of confidence." This criterion threshold value (CTV) is derived from the sampling and analytical error of the measurement method.


METHODS
This policy is based on a combination of statistical and legal reasoning: the one-tailed 95% confidence limit of the sampling method, the apparent principle of due process and a standard of proof analogous to "beyond a reasonable doubt."


RESULTS
This policy raises the effective exposure limit, it is contrary to the precautionary principle, it is not a fair sharing of the burden of uncertainty, and it employs an inappropriate standard of proof. Its own advisory committee and NIOSH have advised against this policy. For longwall mining sections, it results in a failure to issue citations for approximately 36% of the measured values that exceed the statutory exposure limit.


CONCLUSIONS
Citations for non-compliance with the respirable dust standard should be issued for any measure exposure that exceeds the exposure limit.
Weeks
James L
JL
Industrial Hygiene Consultant, United Mine Workers of America, 815 Lee Highway, 5th Floor, Fairfax, Virginia. jimwyx@verizon.net
D004391:Dust; D006801:Humans; D008906:Mining / Q000331:legislation & jurisprudence*; D016273:Occupational Exposure / Q000009:adverse effects / Q000331:legislation & jurisprudence; D011009:Pneumoconiosis / Q000209:etiology* / Q000517:prevention & control; D012306:Risk; D020711:Threshold Limit Values
D004391:Dust