30 CFR 62.140 - Dual hearing protection level.

If during any work shift a miner's noise exposure exceeds the dual hearing protection level, the mine operator must, in addition to the actions required for noise exposures that exceed the permissible exposure level, provide and ensure the concurrent use of both an ear plug and an ear muff type hearing protector. The following table sets out mine operator actions under MSHA's noise standard.

Provision Condition Action required by the mine operator
§ 62.120 Miner's noise exposure is less than the action level None.
§ 62.120 Miner's exposure equals or exceeds the action level, but does not exceed the permissible exposure level (PEL) Operator enrolls the miner in hearing conservation program (HCP) which includes (1) a system of monitoring, (2) voluntary, with two exceptions, use of operator-provided hearing protectors, (3) voluntary audiometric testing, (4) training, and (5) record keeping.
§ 62.130 Miner's exposure exceeds the PEL Operator uses/continues to use all feasible engineering and administrative controls to reduce exposure to PEL; enrolls the miner in a HCP including ensured use of operator-provided hearing protectors; posts administrative controls and provides copy to affected miner; must never permit a miner to be exposed to sound levels exceeding 115 dBA.
§ 62.140 Miner's exposure exceeds the dual hearing protection level Operator enrolls the miner in a HCP, continues to meet all the requirements of § 62.130 , ensures concurrent use of earplug and earmuff.

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