(a) The table entitled “Diesel Particulate Matter Recordkeeping Requirements” lists the records the operator must maintain pursuant to §§ 57.5060 through 57.5071, and the duration for which particular records need to be retained.
Table 57.5075(a)—Diesel Particulate Recordkeeping Requirements
| Record
| Section
reference
| Retention time
|
|---|
| 1. Approved application for extension of time to comply with exposure limits | § 57.5060(c) | Duration of extension.
|
| 2. Identity of PLHCP and most recent written determination of miner's ability to wear a respirator | § 57.5060(d) | Duration of miner's employment plus 6 months.
|
| 3. Purchase records noting sulfur content of diesel fuel | § 57.5065(a) | 1 year beyond date of purchase.
|
| 4. Maintenance log | § 57.5066(b) | 1 year after date any equipment is tagged.
|
| 5. Evidence of competence to perform maintenance | § 57.5066(c) | 1 year after date maintenance performed.
|
| 6. Annual training provided to potentially exposed miners | § 57.5070(b) | 1 year beyond date training completed.
|
| 7. Record of corrective action | § 57.5071(c) | Until the corrective action is completed.
|
| 8. Sampling method used to effectively evaluate a miner's personal exposure, and sample results | § 57.5071(d) | 5 years from sample date. |
(b)(1) Any record listed in this section which is required to be retained at the mine site may, notwithstanding such requirement, be retained elsewhere if the mine operator can immediately access the record from the mine site by electronic transmission.
(2) Upon request from an authorized representative of the Secretary of Labor, the Secretary of Health and Human Services, or from the authorized representative of miners, mine operators must promptly provide access to any record listed in the table in this section.
(3) An operator must provide access to a miner, former miner, or, with the miner's or former miner's written consent, a personal representative of a miner, to any record required to be maintained pursuant to § 57.5071 or § 57.5060(d) to the extent the information pertains to the miner or former miner. The operator must provide the first copy of a requested record at no cost, and any additional copies at reasonable cost.
(4) Whenever an operator ceases to do business, that operator must transfer all records required to be maintained by this part, or a copy thereof, to any successor operator who must maintain them for the required period.
[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005; 71 FR 29012, May 18, 2006]