30 U.S.C. 811, 825.
The provisions of this part set forth the mandatory requirements for training and retraining miners and other persons at shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate, and surface limestone mines.
The following definitions apply in this part:
(a)
(b)
(c)
(d)(1)
(i) A person who is employed as a miner on April 14, 1999;
(ii) A person who has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000;
(iii) A person who began employment as a miner after April 14, 1999, but before October 2, 2000 and who has received new miner training under § 48.25 of this title or under proposed requirements published April 14, 1999, which are available from the Office of Standards, Regulations and Variances, MSHA, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939; or
(iv) A person employed as a miner on or after October 2, 2000 who has completed 24 hours of new miner training under § 46.5 of this part or under § 48.25 of this title and who has at least 12 cumulative months of surface mining or equivalent experience.
(2) Once a miner is an experienced miner under this section, the miner will retain that status permanently.
(e)
(f)
(g)(1)
(i) Any person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations; and
(ii) Any construction worker who is exposed to hazards of mining operations.
(2) The definition of “miner” does not include scientific workers; delivery workers; customers (including commercial over-the-road truck drivers); vendors; or visitors. This definition
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(a) You must develop and implement a written plan, approved by us under either paragraph (b) or (c) of this section, that contains effective programs for training new miners and newly hired experienced miners, training miners for new tasks, annual refresher training, and site-specific hazard awareness training.
(b) A training plan is considered approved by us if it contains, at a minimum, the following information:
(1) The name of the production-operator or independent contractor, mine name(s), and MSHA mine identification number(s) or independent contractor identification number(s);
(2) The name and position of the person designated by you who is responsible for the health and safety training at the mine. This person may be the production-operator or independent contractor;
(3) A general description of the teaching methods and the course materials that are to be used in the training program, including the subject areas to be covered and the approximate time or range of time to be spent on each subject area.
(4) A list of the persons and/or organizations who will provide the training, and the subject areas in which each person and/or organization is competent to instruct; and
(5) The evaluation procedures used to determine the effectiveness of training.
(c) A plan that does not include the minimum information specified in paragraphs (b)(1) through (b)(5) of this section must be submitted to and approved by the Regional Manager, Educational Field Services Division, or designee, for the region in which the mine is located. You also may voluntarily submit a plan for Regional Manager approval. You must notify miners or their representatives when you submit a plan for Regional Manager approval. Within two weeks of receipt or posting of the plan, miners and their representatives may also request review and approval of the plan by the Regional Manager and must notify the production-operator or independent contractor of such request.
(d) You must provide the miners’ representative, if any, with a copy of the plan at least 2 weeks before the plan is implemented or, if you request MSHA approval of your plan, at least two weeks before you submit the plan to the Regional Manager for approval. At
(e) Within 2 weeks following the receipt or posting of the training plan under paragraph (d) of this section, miners or their representatives may submit written comments on the plan to you, or to the Regional Manager, as appropriate.
(f) The Regional Manager must notify you and miners or their representatives in writing of the approval, or status of the approval, of the training plan within 30 calendar days of the date we received the training plan for approval, or within 30 calendar days of the date we received the request by a miner or miners’ representative that we approve your plan.
(g) You must provide the miners’ representative, if any, with a copy of the approved plan within one week after approval. At mines where no miners’ representative has been designated, you must post a copy of the plan at the mine or provide a copy to each miner within one week after approval.
(h) If you, miners, or miners’ representatives wish to appeal a decision of the Regional Manager, you must send the appeal, in writing, to the Director for Educational Policy and Development, MSHA, 1100 Wilson Blvd., Room 2100, Arlington, Virginia 22209-3939, within 30 calendar days after notification of the Regional Manager's decision. The Director will issue a final decision of the Agency within 30 calendar days after receipt of the appeal.
(i) You must make available at the mine a copy of the current training plan for inspection by us and for examination by miners and their representatives. If the training plan is not maintained at the mine, you must have the capability to provide the plan within one business day upon request by us, miners, or their representatives.
(j) You must comply with the procedures for plan approval under this section whenever the plan undergoes revisions.
(k) The addresses for the EFS Regional Managers are as follows. Current information on the EFS organization is available on MSHA's Internet Home Page at http://www.msha.gov.
(a) You must ensure that each program, course of instruction, or training session is:
(1) Conducted in accordance with the written training plan;
(2) Presented by a competent person; and
(3) Presented in language understood by the miners who are receiving the training.
(b) You may conduct your own training programs or may arrange for training to be conducted by: state or federal agencies; associations of production-operators or independent contractors; miners’ representatives; consultants; manufacturers’ representatives; private associations; educational institutions; or other training providers.
(c) You may substitute, as applicable, health and safety training required by the Occupational Safety and Health Administration (OSHA), or other federal or state agencies to meet requirements under this part. This training must be relevant to training subjects required in this part. You must document the training in accordance with § 46.9 of this part.
(d) Training methods may consist of classroom instruction, instruction at the mine, interactive computer-based instruction or other innovative training methods, alternative training technologies, or any combination of training methods.
(e) Employee health and safety meetings, including informal health and safety talks and instruction, may be credited under this part toward either
(a) Except as provided in paragraphs (f) and (g) of this section, you must provide each new miner with no less than 24 hours of training as prescribed by paragraphs (b), (c), and (d). Miners who have not yet received the full 24 hours of new miner training must work where an experienced miner can observe that the new miner is performing his or her work in a safe and healthful manner.
(e) Practice under the close observation of a competent person may be used to fulfill the requirement for training on the health and safety aspects of an assigned task in paragraph (b)(4) of this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.
(f) A new miner who has less than 12 cumulative months of surface mining or equivalent experience and has completed new miner training under this section or under § 48.25 of this title within 36 months before beginning work at the mine does not have to repeat new miner training. However, you must provide the miner with training specified in paragraph (b) of this section before the miner begins work at the mine.
(g) A new miner training course completed under § 48.5 or § 48.25 of this title may be used to satisfy the requirements of paragraphs (a), (b), and (c) of this section, if the course was completed by the miner within 36 months before beginning work at the mine; and the course is relevant to the subjects specified in paragraphs (b) and (c) of this section.
(a) Except as provided in paragraph (f) of this section, you must provide each newly hired experienced miner with training as prescribed by paragraphs (b) and (c).
(d) Practice under the close observation of a competent person may be used to fulfill the requirement for training on the health and safety aspects of an assigned task in paragraph (b)(4) of this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.
(e) In addition to subjects specified in paragraphs (b) and (c) of this section, you may provide training on any other subjects that promote occupational health and safety for miners.
(f) You are not required to provide a newly hired experienced miner who returns to the same mine, following an absence of 12 months or less, with the training specified in paragraphs (b) and (c) of this section. Instead you must provide such miner with training on any changes at the mine that occurred during the miner's absence that could adversely affect the miner's health or safety. This training must be given before the miner begins work at the mine. If the miner missed any part of annual refresher training under § 46.8 of this part during the absence, you must provide the miner with the missed training no later than 90 calendar days after the miner begins work at the mine.
(a) You must provide any miner who is reassigned to a new task in which he or she has no previous work experience with training in the health and safety aspects of the task to be assigned, including the safe work procedures of such task, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. This training must be provided before the miner performs the new task.
(b) If a change occurs in a miner's assigned task that affects the health and safety risks encountered by the miner, you must provide the miner with training under paragraph (a) of this section that addresses the change.
(c) You are not required to provide new task training under paragraphs (a) and (b) of this section to miners who have received training in a similar task or who have previous work experience in the task, and who can demonstrate the necessary skills to perform the task in a safe and healthful manner. To determine whether task training under this section is required, you must observe that the miner can perform the task in a safe and healthful manner.
(d) Practice under the close observation of a competent person may be used to fulfill the requirement for task training under this section, if hazard recognition training specific to the assigned task is given before the miner performs the task.
(e) Training provided under this section may be credited toward new miner training, as appropriate.
(a) You must provide each miner with no less than 8 hours of annual refresher training—
(1) No later than 12 months after the miner begins work at the mine, or no later than March 30, 2001, whichever is later; and
(2) Thereafter, no later than 12 months after the previous annual refresher training was completed.
(b) The refresher training must include instruction on changes at the mine that could adversely affect the miner's health or safety.
(c) Refresher training must also address other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to: applicable health and safety requirements, including mandatory health and safety standards; information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program; transportation controls and communication systems; escape and emergency evacuation plans, firewarning and firefighting; ground conditions and control; traffic patterns and control; working in areas of highwalls; water hazards, pits, and spoil banks; illumination and night work; first aid; electrical hazards; prevention of accidents; health; explosives; and respiratory devices. Training is also recommended on the hazards associated with the equipment that has accounted for the most fatalities and serious injuries at the mines covered by this rule, including: mobile equipment (haulage and service trucks, front-end loaders and tractors); conveyor systems; cranes; crushers; excavators; and dredges. Other recommended subjects include: maintenance and repair (use of hand tools and welding equipment); material handling; fall prevention and protection; and working around moving objects (machine guarding).
(a) You must record and certify on MSHA Form 5000-23, or on a form that contains the information listed in paragraph (b) of this section, that each miner has received training required under this part.
(b) The form must include:
(1) The printed full name of the person trained;
(2) The type of training, the duration of the training, the date the training was received, the name of the competent person who provided the training:
(3) The name of the mine or independent contractor, MSHA mine identification number or independent contractor identification number, and location of training (if an institution, the name and address of the institution).
(4) The statement, “False certification is punishable under § 110(a) and (f) of the Federal Mine Safety and Health Act,” printed in bold letters and in a conspicuous manner; and
(5) A statement signed by the person designated in the MSHA-approved training plan for the mine as responsible for health and safety training, that states “I certify that the above training has been completed.”
(c) You must make a record of training under paragraphs (b)(1) through (b)(4) of this section—
(1) For new miner training under § 46.5, no later than—
(i) when the miner begins work at the mine as required under § 46.5(b);
(ii) 60 calendar days after the miner begins work at the mine as required under § 46.5(c); and
(iii) 90 calendar days after the miner begins work at the mine as required under § 46.5(d), if applicable.
(2) For newly hired experienced miner training under § 46.6, no later than—
(i) when the miner begins work at the mine; and
(ii) 60 calendar days after the miner begins work at the mine.
(3) Upon completion of new task training under § 46.7;
(4) After each session of annual refresher training under § 46.8; and
(5) Upon completion by miners of site-specific hazard awareness training under § 46.11.
(d) You must ensure that all records of training under paragraphs (c)(1) through (c)(5) of this section are certified under paragraph (b)(5) of this section and a copy provided to the miner—
(1) Upon completion of the 24 hours of new miner training;
(2) Upon completion of newly hired experienced miner training;
(3) At least once every 12 months for new task training, or upon request by the miner, if applicable;
(4) Upon completion of the 8 hours of annual refresher training; and
(5) Upon completion by miners of site-specific hazard awareness training.
(e) False certification that training was completed is punishable under § 110(a) and (f) of the Act.
(f) When a miner leaves your employ, you must provide each miner with a copy of his or her training records and certificates upon request.
(g) You must make available at the mine a copy of each miner's training records and certificates for inspection by us and for examination by miners and their representatives. If training certificates are not maintained at the mine, you must be able to provide the certificates upon request by us, miners, or their representatives.
(h) You must maintain copies of training certificates and training records for each currently employed miner during his or her employment, except records and certificates of annual refresher training under § 46.8, which you must maintain for only two years. You must maintain copies of training certificates and training records for at least 60 calendar days after a miner terminates employment.
(i) You are not required to make records under this section of site-specific hazard awareness training you provide under § 46.11 of this part to persons who are not miners under § 46.2. However, you must be able to provide evidence to us, upon request, that the training was provided, such as the training materials that are used; copies of written information distributed to persons upon their arrival at the mine; or visitor log books that indicate that training has been provided.
(a) Training must be conducted during normal working hours. Persons required to receive training must be paid at a rate of pay that corresponds to the rate of pay they would have received had they been performing their normal work tasks.
(b) If training is given at a location other than the normal place of work, persons required to receive such training must be compensated for the additional costs, including mileage, meals, and lodging, they may incur in attending such training sessions.
(a) You must provide site-specific hazard awareness training before any person specified under this section is exposed to mine hazards.
(b) You must provide site-specific hazard awareness training, as appropriate, to any person who is not a miner as defined by § 46.2 of this part but is present at a mine site, including:
(1) Office or staff personnel;
(2) Scientific workers;
(3) Delivery workers;
(4) Customers, including commercial over-the-road truck drivers;
(5) Construction workers or employees of independent contractors who are not miners under § 46.2 of this part;
(6) Maintenance or service workers who do not work at the mine site for frequent or extended periods; and
(7) Vendors or visitors.
(c) You must provide miners, such as drillers or blasters, who move from one mine to another mine while remaining employed by the same production-operator or independent contractor with site-specific hazard awareness training for each mine.
(d) Site-specific hazard awareness training is information or instructions on the hazards a person could be exposed to while at the mine, as well as applicable emergency procedures. The training must address site-specific health and safety risks, such as unique geologic or environmental conditions, recognition and avoidance of hazards such as electrical and powered-haulage hazards, traffic patterns and control, and restricted areas; and warning and evacuation signals, evacuation and emergency procedures, or other special safety procedures.
(e) You may provide site-specific hazard awareness training through the use of written hazard warnings, oral instruction, signs and posted warnings, walkaround training, or other appropriate means that alert persons to site-specific hazards at the mine.
(f) Site-specific hazard awareness training is not required for any person
(a)(1) Each production-operator has primary responsibility for ensuring that site-specific hazard awareness training is given to employees of independent contractors who are required to receive such training under § 46.11 of this part.
(2) Each production-operator must provide information to each independent contractor who employs a person at the mine on site-specific mine hazards and the obligation of the contractor to comply with our regulations, including the requirements of this part.
(b)(1) Each independent contractor who employs a miner, as defined in § 46.2, at the mine has primary responsibility for complying with §§ 46.3 through 46.10 of this part, including providing new miner training, newly hired experienced miner training, new task training, and annual refresher training.
(2) The independent contractor must inform the production-operator of any hazards of which the contractor is aware that may be created by the performance of the contractor's work at the mine.
30 U.S.C. 811, 825.
The purpose of this part is to reduce injuries and illnesses by ensuring that each operator—
(a) Identifies the chemicals at the mine,
(b) Determines which chemicals are hazardous,
(c) Establishes a HazCom program, and
(d) Informs each miner who can be exposed, and other on-site operators whose miners can be exposed, about chemical hazards and appropriate protective measures.
(e) As of September 23, 2002, all mines employing six or more miners are required to comply with this part.
(f) As of March 21, 2003, all mines employing five or fewer miners are required to comply with this part.
(a) This part applies to any operator producing or using a hazardous chemical to which a miner can be exposed under normal conditions of use or in a foreseeable emergency. (Subpart J of this part lists exemptions from coverage.)
(b) Operators of mines which employ six or more miners must instruct each miner with information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program by September 23, 2002. Operators of mines that employ five or fewer miners must instruct each miner with information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program by March 21, 2003.
The definitions in Table 47.11 apply in this part as follows:
The operator must evaluate each chemical brought on mine property and each chemical produced on mine property to determine if it is hazardous as specified in Table 47.21 as follows:
Each operator must—
(a) Develop and implement a written HazCom program,
(b) Maintain it for as long as a hazardous chemical is known to be at the mine, and
(c) Share relevant HazCom information with other on-site operators whose miners can be affected.
The HazCom program must include the following:
(a) How this part is put into practice at the mine through the use of—
(1) Hazard determination,
(2) Labels and other forms of warning,
(3) Material safety data sheets (MSDSs), and
(4) Miner training.
(b) A list or other record identifying all hazardous chemicals known to be at the mine. The list must—
(1) Use a chemical identity that permits cross-referencing between the list, a chemical's label, and its MSDS; and
(2) Be compiled for the whole mine or by individual work areas.
(c) At mines with more than one operator, the methods for—
(1) Providing other operators with access to MSDSs, and
(2) Informing other operators about—
(i) Hazardous chemicals to which their miners can be exposed,
(ii) The labeling system on the containers of these chemicals, and
(iii) Appropriate protective measures.
(a) The operator must ensure that each container of a hazardous chemical has a label. If a container is tagged or marked with the appropriate information, it is labeled.
(1) The operator must replace a container label immediately if it is missing or if the hazard information on the label is unreadable.
(2) The operator must not remove or deface existing labels on containers of hazardous chemicals.
(b) For each hazardous chemical produced at the mine, the operator must prepare a container label and update this label with any significant, new information about the chemical's hazards within 3 months of becoming aware of this information.
(c) For each hazardous chemical brought to the mine, the operator must replace an outdated label when a revised label is received from the chemical's manufacturer or supplier. The operator is not responsible for an inaccurate label obtained from the chemical's manufacturer or supplier.
When an operator must make a label, the label must—
(a) Be prominently displayed, legible, accurate, and in English;
(b) Display appropriate hazard warnings;
(c) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, a chemical's label, and its MSDS; and
(d) Include on labels for cutomers, the name and address of the operator or another responsible party who can provide additional information about the hazardous chemical.
The operator may use signs, placards, process sheets, batch tickets, operating procedures, or other label alternatives for individual, stationary process containers, provided that the alternative—
(a) Identifies the container to which it applies,
(b) Communicates the same information as required on the label, and
(c) Is readily available throughout each work shift to miners in the work area.
(a) The operator does not have to label a temporary, portable container if he or she ensures that the miner using the portable container—
(1) Knows the identity of the chemical, its hazards, and any protective measures needed, and
(2) Leaves the container empty at the end of the shift.
(b) Otherwise, the operator must mark the temporary, portable container with at least the common name of its contents.
Operators must have an MSDS for each hazardous chemical which they produce or use. The MSDS may be in any medium, such as paper or electronic, that does not restrict availability.
(a) For each hazardous chemical produced at the mine, the operator must prepare an MSDS, and update it with significant, new information about the chemical's hazards or protective measures within 3 months of becoming aware of this information.
(b) For each hazardous chemical brought to the mine, the operator must rely on the MSDS received from the chemical manufacturer or supplier, develop their own MSDS, or obtain one from another source.
(c) Although the operator is not responsible for an inaccurate MSDS obtained from the chemical's manufacturer, supplier, or other source, the operator must—
(1) Replace an outdated MSDS upon receipt of an updated revision, and
(2) Obtain an accurate MSDS as soon as possible after becoming aware of an inaccuracy.
(d) The operator is not required to prepare an MSDS for an intermediate chemical or by-product resulting from mining or milling if its hazards are already addressed on the MSDS of the source chemical.
When an operator must prepare an MSDS for a hazardous chemical produced at the mine, the MSDS must—
(a) Be legible, accurate, and in English;
(b) Use a chemical identity that permits cross-referencing between the list of hazardous chemicals, the chemical's label, and its MSDS; and
(c) Contain information, or indicate if no information is available, for the categories listed in Table 47.52 as follows:
If the mine produces or uses hazardous waste, the operator must provide potentially exposed miners and designated representatives access to available information for the hazardous waste that—
(a) Identifies its hazardous chemical components,
(b) Describes its physical or health hazards, or
(c) Specifies appropriate protective measures.
The operator must make MSDSs accessible to miners during each work shift for each hazardous chemical to which they may be exposed either—
(a) At each work area where the hazardous chemical is produced or used, or
(b) At an alternative location, provided that the MSDS is readily available to miners in an emergency.
The operator must—
(a) Retain its MSDS for as long as the hazardous chemical is known to be at the mine, and
(b) Notify miners at least 3 months before disposing of the MSDS.
Upon request, the operator must provide access to all HazCom materials required by this part to miners and designated representatives, except as provided in § 47.81 through § 47.87 (provisions for trade secrets).
(a) The operator must provide the first copy and each revision of the HazCom material without cost.
(b) Fees for a subsequent copy of the HazCom material must be non-discriminatory and reasonable.
For a hazardous chemical produced at the mine, the operator must provide customers, upon request, with the chemical's label or a copy of the label information, and the chemical's MSDS.
(a) Operators may withhold the identity of a trade secret chemical, including the name and other specific identification, from the written list of hazardous chemicals, the label, and the MSDS, provided that the operator—
(1) Can support the claim that the chemical's identity is a trade secret,
(2) Identifies the chemical in a way that it can be referred to without disclosing the secret,
(3) Indicates in the MSDS that the chemical's identity is withheld as a trade secret, and
(4) Discloses in the MSDS information on the properties and effects of the hazardous chemical.
(b) The operator must make the chemical's identity available to miners, designated representatives, and health professionals in accordance with the provisions of this subpart.
(c) This subpart does not require the operator to disclose process or percentage of mixture information, which is a trade secret, under any circumstances.
(a) Even if the operator has a trade secret claim, the operator must disclose to MSHA, upon request, any information which this subpart requires the operator to make available.
(b) The operator must make a trade secret claim, no later than at the time the information is provided to MSHA, so that MSHA can determine the trade secret status and implement the necessary protection.
(a) Upon request and regardless of the existence of a written statement of need or a confidentiality agreement,
(1) A medical emergency exists, and
(2) The identity of the hazardous chemical is necessary for emergency or first-aid treatment.
(b) The operator may require a written statement of need and confidentiality agreement in accordance with the provisions of § 47.84 and § 47.85 as soon as circumstances permit.
Upon request, the operator must disclose the identity of a trade secret chemical in a non-emergency situation to an exposed miner, the miner's designated representative, or a health professional providing services to the miner, if the following conditions are met.
(a) The request is in writing.
(b) The request describes in reasonable detail an occupational health need for the information, as follows:
(1) To assess the chemical hazards to which the miner will be exposed.
(2) To conduct or assess health sampling to determine the miner's exposure levels.
(3) To conduct reassignment or periodic medical surveillance of the exposed miner.
(4) To provide medical treatment to the exposed miner.
(5) To select or assess appropriate personal protective equipment for the exposed miner.
(6) To design or assess engineering controls or other protective measures for the exposed miner.
(7) To conduct studies to determine the health effects of exposure.
(c) The request explains in detail why the disclosure of the following information would not satisfy the purpose described in paragraph (b) of this section:
(1) The properties and effects of the chemical.
(2) Measures for controlling the miner's exposure to the chemical.
(3) Methods of monitoring and analyzing the miner's exposure to the chemical.
(4) Methods of diagnosing and treating harmful exposures to the chemical.
(d) The request describes the procedures to be used to maintain the confidentiality of the disclosed information.
(e) The person making the request enters a written confidentiality agreement that he or she will not use the information for any purpose other than the health needs asserted and agrees not to release the information under any circumstances, except as authorized by § 47.85, by the terms of the agreement, or by the operator.
(a) The confidentiality agreement authorized by § 47.84—
(1) May restrict the use of the trade secret chemical identity to the health purposes indicated in the written statement of need;
(2) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages;
(3) Must allow the exposed miner, the miner's designated representative, or the health professional to disclose the trade secret chemical identity to MSHA;
(4) May provide that the exposed miner, the miner's designated representative, or the health professional inform the operator who provided the trade secret chemical identity prior to or at the same time as its disclosure to MSHA; and
(5) May not include requirements for the posting of a penalty bond.
(b) Nothing in this subpart precludes the parties from pursuing non-contractual remedies to the extent permitted by law.
To deny a written request for disclosure of the identity of a trade secret chemical, the operator must—
(a) Put the denial in writing,
(1) Including evidence to substantiate the claim that the chemical's identity is a trade secret,
(2) Stating the specific reasons why the request is being denied, and
(3) Explaining how alternative information will satisfy the specific medical
(b) Provide the denial to the health professional, miner, or designated representative within 30 days of the request.
(a) The health professional, miner, or designated representative may refer the written denial to MSHA for review. The request for review must include a copy of—
(1) The request for disclosure of the identity of the trade secret chemical,
(2) The confidentiality agreement, and
(3) The operator's written denial.
(b) If MSHA determines that the identity of the trade secret chemical should have been disclosed, the operator will be subject to citation by MSHA.
(c) If MSHA determines that the confidentiality agreement would not sufficiently protect against unauthorized disclosure of the trade secret, MSHA may impose additional conditions to ensure that the occupational health services are provided without an undue risk of harm to the operator.
(d) If the operator contests a citation for a failure to release the identity of a trade secret chemical, the matter will be adjudicated by the Federal Mine Safety and Health Review Commission. The Administrative Law Judge may review the citation and supporting documentation “in camera” or issue appropriate orders to protect the trade secret.
A hazardous chemical is exempt from this part under the conditions described in Table 47.91 as follows:
A hazardous chemical is exempt from subpart E of this part under the conditions described in Table 47.92 as follows:
30 U.S.C. 811, 825.
The provisions of this subpart A set forth the mandatory requirements for submitting and obtaining approval of programs for training and retraining miners working in underground mines. Requirements regarding compensation for training and retraining are also included. The requirements for training and retraining miners working at surface mines and surface areas of underground mines are set forth in subpart B of this part.
For the purposes of this subpart A—
(a)(1)
(i) Workers under subpart C of this part 48, including shaft and slope workers, workers engaged in construction activities ancillary to shaft and slope sinking, and workers engaged in the construction of major additions to an existing mine which requires the mine to cease operations;
(ii) Any person covered under paragraph (a)(2) of this section.
(2)
(b)
(1) A miner who has completed MSHA-approved new miner training for underground miners or training acceptable to MSHA from a State agency and who has had at least 12 months of underground mining experience; or
(2) A supervisor who is certified under an MSHA-approved State certification program and who is employed as an underground supervisor on October 6, 1998; or
(3) An experienced underground miner on February 3, 1999.
(c)
(d)
(e)
(f)
(g)
(a) Each operator of an underground mine shall have an MSHA approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
(1) In the case of an underground mine which is operating on the effective date of this subpart A, the operator of the mine shall submit such plan for approval within 90 days after the effective date of this subpart A.
(2) Within 60 days after the operator submits the plan for approval, unless extended by MSHA, the operator shall have an approved plan for the mine.
(3) In the case of a new underground mine which is to be opened or a mine which is to be reopened or reactivated after the effective date of this subpart A, the operator shall have an approved plan prior to opening the new mine, or reopening or reactivating the mine.
(b) The training plan shall be filed with the District Manager for the area in which the mine is located.
(c) Each operator shall submit to the District Manager the following information:
(1) The company name, mine name, and MSHA identification number of the mine.
(2) The name and position of the person designated by the operator who is
(3) A list of MSHA approved instructors with whom the operator proposes to make arrangements to teach the courses, and the courses each instructor is qualified to teach.
(4) The location where training will be given for each course.
(5) A description of the teaching methods and the course materials which are to be used in training.
(6) The approximate number of miners employed at the mine and the maximum number who will attend each session of training.
(7) The predicted time or periods of time when regularly scheduled refresher training will be given. This schedule shall include the titles of courses to be taught, the total number of instruction hours for each course, and the predicted time and length of each session of training.
(8) For the purposes of § 48.7 (New task training of miners) of this subpart A, the operator shall submit:
(i) A complete list of task assignments to correspond with the definition of “task” in § 48.2 (f) of this subpart A.
(ii) The titles of personnel conducting the training for this section.
(iii) The outline of training procedures used in training miners in those work assignments listed according to paragraph (c)(8)(i) of this section.
(iv) The evaluation procedures used to determine the effectiveness of training under § 48.7 of this subpart A.
(d) The operator shall furnish to the representative of the miners a copy of the training plan two weeks prior to its submission to the District Manager. Where a miners’ representative is not designated, a copy of the plan shall be posted on the mine bulletin board 2 weeks prior to its submission to the District Manager. Written comments received by the operator from miners or their representatives shall be submitted to the District Manager. Miners or their representatives may submit written comments directly to the District Manager.
(e) All training required by the training plan submitted to and approved by the District Manager as required by this subpart A shall be subject to evaluation by the District Manager to determine the effectiveness of the training programs. If it is deemed necessary, the District Manager may require changes in, or additions to, programs. Upon request from the District Manager the operator shall make available for evaluation the instructional materials, handouts, visual aids and other teaching accessories used or to be used in the training programs. Upon request from the District Manager the operator shall provide information concerning the schedules of upcoming training.
(f) The operator shall make a copy of the MSHA approved training plan available at the mine site for MSHA inspection and for examination by the miners and their representatives.
(g) Except as provided in § 48.7 (New task training of miners) and § 48.11 (Hazard training) of this subpart A, all courses shall be conducted by MSHA approved instructors.
(h) Instructors shall be approved by the District Manager in one or more of the following ways:
(1) Instructors shall take an instructor's training course conducted by the District Manager or given by persons designated by the District Manager to give such instruction; and instructors shall have satisfactorily completed a program of instruction approved by the Office of Educational Policy and Development, MSHA, in the subject matter to be taught.
(2) Instructors may be designated by MSHA as approved instructors to teach specific courses based on written evidence of the instructors’ qualifications and teaching experience.
(3) At the discretion of the District Manager, instructors may be designated by MSHA as approved instructors to teach specific courses based on the performance of the instructors while teaching classes monitored by MSHA. Operators shall indicate in the training plans submitted for approval whether they want to have instructors approved based on monitored performance. The District Manager shall consider such factors as the size of the mine, the number of employees, the mine safety record and remoteness from a training facility when determining whether instructor approval
(4) On the effective date of this subpart A, cooperative instructors who have been designated by MSHA to teach MSHA approved courses and who have taught such courses within the 24 months prior to the effective date of this subpart shall be considered approved instructors for such courses.
(i) Instructors may have their approval revoked by MSHA for good cause which may include not teaching a course at least once every 24 months. Before any revocation is effective, the District Manager must send written reasons for revocation to the instructor and the instructor shall be given an opportunity to demonstrate or achieve compliance before the District Manager on the matter. A decision by the District Manager to revoke an instructor's approval may be appealed by the instructor to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Non-metal Safety and Health, as appropriate, MSHA, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia 22209-3939. Such an appeal shall be submitted to the Administrator within 5 days of notification of the District Manager's decision. Upon revocation of an instructor's approval, the District Manager shall immediately notify operators who use the instructor for training.
(j) The District Manager for the area in which the mine is located shall notify the operator and the miners’ representative, in writing, within 60 days from the date on which the training plan is filed, of the approval or status of the approval of the training programs.
(1) If revisions are required for approval, or to retain approval thereafter, the revisions required shall be specified to the operator and the miners’ representative and the operator and the miners’ representative shall be afforded an opportunity to discuss the revisions with the District Manager, or to propose alternate revisions or changes. The District Manager, in consultation with the operator and the representative of the miners, shall fix a time within which the discussion will be held, or alternate revisions or changes submitted, before final approval is made.
(2) The District Manager may approve separate programs of the training plan and withhold approval of other programs, pending discussion of revisions or submission of alternate revisions or changes.
(k) Except as provided under § 48.8(c) (Annual refresher training of miners) of this subpart A, the operator shall commence training of miners within 60 days after approval of the training plan, or approved programs of the training plan.
(l) The operator shall notify the District Manager of the area in which the mine is located, and the miners’ representative of any changes or modifications the operator proposes to make in the approved training plan. The operator shall obtain the approval of the District Manager for such changes or modifications.
(m) In the event the District Manager disapproves a training plan or a proposed modification of a training plan or requires changes in a training plan or modification, the District Manager shall notify the operator and the miners’ representative in writing of:
(1) The specific changes or items of deficiency.
(2) The action necessary to effect the changes or bring the disapproved training plan or modification into compliance.
(3) The deadline for completion of remedial action to effect compliance, which shall serve to suspend punitive action under the provisions of sections 104 and 110 of the Act and other related regulations until that established deadline date, except that no such suspension shall take place in imminent danger situations.
(n) The operator shall post on the mine bulletin board, and provide to the miners’ representative, a copy of all MSHA revisions and decisions which concern the training plan at the mine
(a) An operator of a mine may conduct his own training programs, or may participate in training programs conducted by MSHA, or may participate in MSHA approved training programs conducted by State or other Federal agencies, or associations of mine operators, miners’ representatives, other mine operators, private associations, or educational institutions.
(b) Each program and course of instruction shall be given by instructors who have been approved by MSHA to instruct in the courses which are given, and such courses and the training programs shall be adapted to the mining operations and practices existing at the mine and shall be approved by the District Manager for the area in which the mine is located.
(a) Each new miner shall receive no less than 40 hours of training as prescribed in this section before such miner is assigned to work duties. Such training shall be conducted in conditions which as closely as practicable duplicate actual underground conditions, and approximately 8 hours of training shall be given at the minesite.
(b) The training program for new miners shall include the following courses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(c) Methods, including oral, written, or practical demonstration, to determine successful completion of the training shall be included in the training plan. The methods for determining such completion shall be administered to the miner before he is assigned work duties.
(d) A newly employed miner who has less than 12 months of mining experience and has received the courses and hours of instruction in paragraphs (a) and (b) of this section, within 36 months preceding employment at a mine, does not have to repeat this training. Before the miner starts work, the operator must provide the miner with the experienced miner training in § 48.6(b) of this part and, if applicable, the new task training in § 48.7 of this part. The operator must also provide the miner with annual refresher training and additional new task training, as applicable.
(a) Except as provided in paragraph (e), this section applies to experienced miners who are—
(1) Newly employed by the operator;
(2) Transferred to the mine;
(3) Experienced underground miners transferred from surface to underground; or
(4) Returning to the mine after an absence of more than 12 months.
(b) Experienced miners must complete the training prescribed in this section before beginning work duties. Each experienced miner returning to mining following an absence of 5 years or more, must receive at least 8 hours of training. The training must include the following instruction:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(c) The operator may include instruction on additional safety and health subjects based on circumstances and conditions at the mine.
(d) The training time spent on individual subjects must vary depending upon the training needs of the miners.
(e) Any miner returning to the same mine, following an absence of 12 months or less, must receive training on any major changes to the mine environment that have occurred during the miner's absence and that could adversely affect the miner's health or safety.
(1) A person designated by the operator who is knowledgeable of these changes must conduct the training in this paragraph. An MSHA approved instructor is not required to conduct the training outlined in this paragraph.
(2) No record of this training is required.
(3) The miner must also complete annual refresher training as required in
(a) Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, roof and ground control machine operators, and those in blasting operations shall not perform new work tasks in these categories until training prescribed in this paragraph and paragraph (b) of this section has been completed. This training shall not be required for miners who have been trained and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. This training shall also not be required for miners who have performed the new work tasks and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. The training program shall include the following:
(1)
(2)(i)
(ii)
(3)
(4) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(b) Miners under paragraph (a) of this section shall not operate the equipment or machine or engage in blasting operations without direction and immediate supervision until such miners have demonstrated safe operating procedures for the equipment or machine or blasting operation to the operator or the operator's agent.
(c) Miners assigned a new task not covered in paragraph (a) of this section shall be instructed in the safety and health aspects and safe work procedures of the task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program, prior to performing such task.
(d) Any person who controls or directs haulage operations at a mine shall receive and complete training courses in safe haulage procedures related to the haulage system, ventilation system, firefighting procedures, and emergency evacuation procedures in effect at the mine before assignment to such duties.
(e) All training and supervised practice and operation required by this section shall be given by a qualified trainer, or a supervisor experienced in the assigned tasks, or other person experienced in the assigned tasks.
(a) Each miner shall receive a minimum of 8 hours of annual refresher training as prescribed in this section.
(b) The annual refresher training program for all miners shall include the following courses of instruction:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(c) Refresher training may include other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program.
(d) All coal supervisors who are subject to § 75.161(a) of this chapter must receive annual refresher training required by this section within 12 months of October, 1998.
(e) Where annual refresher training is conducted periodically, such sessions shall not be less than 30 minutes of actual instruction time and the miners shall be notified that the session is part of annual refresher training.
(a) Upon a miner's completion of each MSHA approved training program, the operator shall record and certify on MSHA form 5000-23 that the miner has received the specified training. A copy of the training certificate shall be given to the miner at the completion of the training. The training certificates for each miner shall be available at the minesite for inspection by MSHA and for examination by the miners, the miner's representative, and State inspection agencies. When a
(b) False certification that training was given shall be punishable under section 110 (a) and (f) of the Act.
(c) Copies of training certificates for currently employed miners shall be kept at the minesite for 2 years, or for 60 days after termination of employment.
(a) Training shall be conducted during normal working hours; miners attending such training shall receive the rate of pay as provided in § 48.2(d) (Definition of normal working hours) of this subpart A.
(b) If such training shall be given at a location other than the normal place of work, miners shall be compensated for the additional cost, such as mileage, meals, and lodging, they may incur in attending such training sessions.
(a) Operators shall provide to those miners, as defined in § 48.2(a)(2) (Definition of miner) of this subpart A, a training program before such miners commence their work duties. This training program shall include the following instruction, which is applicable to the duties of such miners:
(1) Hazard recognition and avoidance;
(2) Emergency and evacuation procedures;
(3) Health and safety standards, safety rules, and safe working procedures;
(4) Use of self-rescue and respiratory devices, with self-contained self-rescue device training that includes complete donning procedures in which each person assumes a donning position, opens the device, activates the device, inserts the mouthpiece or simulates this task while explaining proper insertion of the mouthpiece, and puts on the nose clip; and
(5) Such other instruction as may be required by the District Manager based on circumstances and conditions at the mine.
(b) Miners shall receive the instruction required by this section at least once every 12 months.
(c) The training program required by this section shall be submitted with the training plan required by § 48.3(a) (Training plans: Submission and approval) of this subpart A and shall include a statement on the methods of instruction to be used.
(d) In accordance with § 48.9 (Records of training) of this subpart A, the operator shall maintain and make available for inspection certificates that miners have received the hazard training required by this section.
(e) Miners subject to hazard training shall be accompanied at all times while underground by an experienced miner, as defined in § 48.2(b) (Definition of miner) of this subpart A.
The operator, miner, and miners’ representative shall have the right of appeal from a decision of the District Manager.
(a) In the event an operator, miner, or miners’ representative decides to appeal a decision by a District Manager, such an appeal shall be submitted, in writing, to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Non-metal Safety and Health, as appropriate, MSHA, 4015 Wilson Boulevard, Arlington, Va. 22203, within 30 days of notification of the District Manager's decision.
(b) The Administrator may require additional information from the operator, the miners, or their representatives, and the District Manager, if the Administrator determines such information is necessary.
(c) The Administrator shall render a decision on the appeal within 30 days after receipt of the appeal.
The provisions of this subpart B set forth the mandatory requirements for submitting and obtaining approval of programs for training and retraining miners working at surface mines and surface areas of underground mines. Requirements regarding compensation for training and retraining are also included. The requirements for training and retraining miners working in underground mines are set forth in subpart A of this part. This part does not apply to training and retraining of miners at shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate, and surface limestone mines, which are covered under 30 CFR Part 46.
For the purposes of this subpart B—
(a)(1)
(i) Construction workers and shaft and slope workers under subpart C of this Part 48;
(ii) Any person covered under paragraph (a)(2) of this section.
(2)
(b)
(1) A miner who has completed MSHA-approved new miner training for surface miners or training acceptable to MSHA from a State agency and who has had at least 12 months of surface mining experience; or
(2) A supervisor who is certified under an MSHA-approved State certification program and who is employed as a surface supervisor on October 6, 1998; or
(3) An experienced surface miner on February 3, 1999.
(c)
(d)
(e)
(f)
(g)
(a) Each operator of a mine shall have an MSHA approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
(1) In the case of a mine which is operating on the effective date of this subpart B, the operator of the mine shall submit such plan for approval within 150 days after the effective date of this subpart B.
(2) Within 60 days after the operator submits the plan for approval, unless extended by MSHA, the operator shall have an approved plan for the mine.
(3) In the case of a new mine which is to be opened or a mine which is to be reopened or reactivated after the effective date of this subpart B, the operator shall have an approved plan prior to opening the new mine, or reopening or reactivating the mine unless the mine is reopened or reactivated periodically using portable equipment and mobile teams of miners as a normal method of operation by the operator. The operator to be so excepted shall maintain an approved plan for training covering all mine locations which are operated with portable equipment and mobile teams of miners.
(b) The training plan shall be filed with the District Manager for the area in which the mine is located.
(c) Each operator shall submit to the District Manager the following information:
(1) The company name, mine name, and MSHA identification number of the mine.
(2) The name and position of the person designated by the operator who is responsible for health and safety training at the mine. This person may be the operator.
(3) A list of MSHA approved instructors with whom the operator proposes to make arrangements to teach the courses, and the courses each instructor is qualified to teach.
(4) The location where training will be given for each course.
(5) A description of the teaching methods and the course materials which are to be used in training.
(6) The approximate number of miners employed at the mine and the maximum number who will attend each session of training.
(7) The predicted time or periods of time when regularly scheduled refresher training will be given. This schedule shall include the titles of courses to be taught, the total number of instruction hours for each course, and the predicted time and length of each session of training.
(8) For the purposes of § 48.27 (New task training of miners) of this subpart B, the operator shall submit:
(i) A complete list of task assignments to correspond with the definition of “task” in § 48.22(f) of this subpart B.
(ii) The titles of personnel conducting the training for this section.
(iii) The outline of training procedures used in training miners in those work assignments listed according to paragraph (c)(8)(i) of this section.
(iv) The evaluation procedures used to determine the effectiveness of training under § 48.27 of this subpart B.
(d) The operator shall furnish to the representative of the miners a copy of the training plan 2 weeks prior to its submission to the District Manager. Where a miners’ representative is not designated, a copy of the plan shall be posted on the mine bulletin board 2 weeks prior to its submission to the District Manager. Written comments received by the operator from miners or their representatives shall be submitted to the District Manager. Miners or their representatives may submit written comments directly to the District Manager.
(e) All training required by the training plan submitted to and approved by the District Manager as required by
(f) The operator shall make a copy of the MSHA approved training plan available at the mine site for MSHA inspection and examination by the miners and their representatives.
(g) Except as provided in § 48.27 (New task training of miners) and § 48.31 (Hazard training) of this subpart B, all courses shall be conducted by MSHA approved instructors.
(h) Instructors shall be approved by the District Manager in one or more of the following ways:
(1) Instructors shall take an instructor's training course conducted by the District Manager or given by persons designated by the District Manager to give such instruction; and instructors shall have satisfactorily completed a program of instruction approved by the Office of Educational Policy and Development, MSHA, in the subject matter to be taught.
(2) Instructors may be designated by MSHA as approved instructors to teach specific courses based on written evidence of the instructors’ qualifications and teaching experience.
(3) At the discretion of the District Manager, instructors may be designated by MSHA as approved instructors to teach specific courses based on the performance of the instructors while teaching classes monitored by MSHA. Operators shall indicate in training plans submitted for approval whether they want to have instructors approved based on monitored performance. The District Manager shall consider such factors as the size of the mine, the number of employees, the mine safety record and remoteness from a training facility when determining whether instructor approval based on monitored performance is appropriate.
(4) On the effective date of this subpart B, cooperative instructors who have been designated by MSHA to teach MSHA approved courses and who have taught such courses within 24 months prior to the effective date of this subpart shall be considered approved instructors for such courses.
(i) Instructors may have their approval revoked by MSHA for good cause which may include not teaching a course at least once every 24 months. Before any revocation is effective, the District Manager must send written reasons for revocation to the instructor and the instructor shall be given an opportunity to demonstrate or achieve compliance before the District Manager on the matter. A decision by the District Manager to revoke an instructor's approval may be appealed by the instructor to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Non-metal Safety and Health, as appropriate, MSHA, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia 22209-3939. Such an appeal shall be submitted to the Administrator within 5 days of notification of the District Manager's decision. Upon revocation of an instructor's approval, the District Manager shall immediately notify operators who use the instructor for training.
(j) The District Manager for the area in which the mine is located shall notify the operator and the miners’ representative, in writing, within 60 days from the date on which the training plan is filed, of the approval or status of the approval of the training programs.
(1) If revisions are required for approval, or to retain approval thereafter, the revisions required shall be specified to the operator and the miners’ representative and the operator and the miners’ representative shall be afforded an opportunity to discuss the revisions with the District Manager, or propose alternate revisions or changes. The District Manager, in consultation with the operator and the representative of miners, shall fix a time within
(2) The District Manager may approve separate programs of the training plan and withhold approval of other programs, pending discussion of revisions or submission of alternate revisions or changes.
(k) Except as provided under § 48.28(c) (Annual refresher training of miners) of this subpart B, the operator shall commence training of miners within 60 days after approval of the training plan, or approved programs of the training plan.
(l) The operator shall notify the District Manager of the area in which the mine is located and the miners’ representative of any changes of modifications which the operator proposes to make in the approval training plan. The operator shall obtain the approval of the District Manager for such changes or modifications.
(m) In the event the District Manager disapproves a training plan or a proposed modification of a training plan or requires changes in a training plan or modification, the District Manager shall notify the operator and the miners’ representative in writing of:
(1) The specific changes or items of deficiency.
(2) The action necessary to effect the changes or bring the disapproved training plan or modification into compliance.
(3) The deadline for completion of remedial action to effect compliance, which shall serve to suspend punitive action under the provisions of sections 104 and 110 of the Act and other related regulations until that established deadline date, except that no such suspension shall take place in imminent danger situations.
(n) The operator shall post on the mine bulletin board, and provide to the miners’ representative, a copy of all MSHA revisions and decisions which concern the training plan at the mine and which are issued by the District Manager.
(a) An operator of a mine may conduct his own training programs, or may participate in training programs conducted by MSHA, or may participate in MSHA approved training programs conducted by State or other Federal agapproval; encies, or associations of mine operators, miners’ representatives, other mine operators, private associations, or educational institutions.
(b) Each program and course of instruction shall be given by instructors who have been approved by MSHA to instruct in the courses which are given, and such courses and the training programs shall be adapted to the mining operations and practices existing at the mine and shall be approved by the District Manager for the area in which the mine is located.
(a) Each new miner shall receive no less than 24 hours of training as prescribed in this section. Except as otherwise provided in this paragraph, new miners shall receive this training before they are assigned to work duties. At the discretion of the District Manager, new miners may receive a portion of this training after assignment to work duties:
(b) The training program for new miners shall include the following courses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(c) Methods, including oral, written or practical demonstration, to determine successful completion of the training shall be included in the training plan. Upon completion of training, the methods for determining successful completion shall be administered to the miner. The method for determining successful completion of pre-assignment training under paragraph (a) of this section shall be administered to the miner before he is assigned to work duties.
(d) A newly employed miner who has less than 12 months of mining experience and has received the courses and hours of instruction in paragraphs (a) and (b) of this section, within 36 months preceding employment at a mine, does not have to repeat this training. Before the miner starts work, the operator must provide the miner with the experienced miner training in § 48.26(b) of this part and, if applicable, the new task training in § 48.27 of this part. The operator must also provide the miner with annual refresher training and additional new task training, as applicable.
(a) Except as provided in paragraph (e), this section applies to experienced miners who are—
(1) Newly employed by the operator;
(2) Transferred to the mine;
(3) Experienced surface miners transferred from underground to surface; or
(4) Returning to the mine after an absence of more than 12 months.
(b) Experienced miners must complete the training prescribed in this section before beginning work duties. Each experienced miner returning to mining following an absence of 5 years or more, must receive at least 8 hours of training. The training must include the following instruction:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(c) The operator may include instruction in additional safety and health subjects based on circumstances and conditions at the mine.
(d) The training time spent on individual subjects must vary depending upon the training needs of the miners.
(e) Any miner returning to the same mine, following an absence of 12 months or less, must receive training on any major changes to the mine environment that have occurred during the miner's absence and that could adversely affect the miner's health or safety.
(1) A person designated by the operator who is knowledgeable of these changes must conduct the training in this paragraph. An MSHA approved instructor is not required to conduct the training outlined in this paragraph.
(2) No record of this training is required.
(3) The miner must complete annual refresher training as required in § 48.28, if the miner missed taking that training during the absence.
(a) Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, ground control machine operators, and those in blasting operations shall not perform new work tasks in these catergories until training prescribed in this paragraph and paragraph (b) of this section has been completed. This training shall not be required for miners who have been trained and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. This training shall also not be required for miners who have performed the new work tasks and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. The training program shall include the following:
(1)
(2)(i)
(ii)
(3)
(4) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
(b) Miners under paragraph (a) of this section shall not operate the equipment or machine or engage in blasting operations without direction and immediate supervision until such miners have demonstrated safe operating procedures for the equipment or machine or blasting operation to the operator or the operator's agent.
(c) Miners assigned a new task not covered in paragraph (a) of this section shall be instructed in the safety and health aspects and safe work procedures of the task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program, prior to performing such task.
(d) All training and supervised practice and operation required by this section shall be given by a qualified trainer, or a supervisor experienced in the assigned tasks, or other person experienced in the assigned tasks.
(a) Each miner shall receive a mimimum of 8 hours of annual refresher training as prescribed in this section.
(b) The annual refresher training program for all miners shall include the following courses of instruction:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11) Such other courses as may be required by the District Manager based
(c) Refresher training may include other health and safety subjects that are relevant to mining operations at the mine. Recommended subjects include, but are not limited to, information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program.
(d) All coal supervisors who are subject to § 77.107-1 of this chapter must receive annual refresher training required by this section within 12 months of October, 1998.
(e) Where annual refresher training is conducted periodically, such sessions shall not be less than 30 minutes of actual instruction time and the miners shall be notified that the session is part of annual refresher training.
(a) Upon a miner's completion of each MSHA approved training program, the operator shall record and certify on MSHA form 5000-23 that the miner has received the specified training. A copy of the training certificate shall be given to the miner at the completion of the training. The training certificates for each miner shall be available at the mine site for inspection by MSHA and for examination by the miners, the miners’ representative and State inspection agencies. When a miner leaves the operator's employ, the miner shall be entitled to a copy of his training certificates.
(b) False certification that training was given shall be punishable under section 110 (a) and (f) of the Act.
(c) Copies of training certificates for currently employed miners shall be kept at the mine site for 2 years, or for 60 days after termination of employment.
(a) Training shall be conducted during normal working hours; miners attending such training shall receive the rate of pay as provided in § 48.22(d) (Definition of normal working hours) of this subpart B.
(b) If such training shall be given at a location other than the normal place of work, miners shall be compensated for the additional costs, such a mileage, meals, and lodging, they may incur in attending such training sessions.
(a) Operators shall provide to those miners, as defined in § 48.22(a) (2) (Definition of miner) of this subpart B, a training program before such miners commence their work duties. This training program shall include the following instruction, which is applicable to the duties of such miners:
(1) Hazard recognition and avoidance;
(2) Emergency and evacuation procedures;
(3) Health and safety standards, safety rules and safe working procedures;
(4) Self-rescue and respiratory devices; and,
(5) Such other instruction as may be required by the District Manager based on circumstances and conditions at the mine.
(b) Miners shall receive the instruction required by this section at least once every 12 months.
(c) The training program required by this section shall be submitted with the training plan required by § 48.23(a) (Training plans: Submission and approval) of this subpart B and shall include a statement on the methods of instruction to be used.
(d) In accordance with § 48.29 (Records of training) of this subpart B, the operator shall maintain and make available for inspection, certificates that miners have received the instruction required by this section.
The operator, miner, and miners’ representative shall have the right of appeal from a decision of the District Manager.
(a) In the event an operator, miner, or miners’ representative decides to appeal a decision by the District Manager, such an appeal shall be submitted, in writing, to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Non-metal Safety and Health, as appropriate, MSHA, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia, 22209-3939, within 30 days of notification of the District Manager's decision.
(b) The Administrator may require additional information from the operator, the miners or their representatives, and the District Manager, if the Administrator determines such information is necessary.
(c) The Administrator shall render a decision on the appeal within 30 days after receipt of the appeal.
30 U.S.C. 811, 825(e), 957.
This part implements the provisions of Section 115(e) of the Federal Mine Safety and Health Act of 1977. Every operator of an underground mine shall assure the availability of mine rescue capability for purposes of emergency rescue and recovery.
(a) Except where alternative compliance is permitted for small and remote mines (§ 49.3) or those mines operating under special mining conditions (§ 49.4), every operator of an underground mine shall:
(1) Establish at least two mine rescue teams which are available at all times when miners are underground; or
(2) Enter into an arrangement for mine rescue services which assures that at least two mine rescue teams are available at all times when miners are underground.
(b) Each mine rescue team shall consist of five members and one alternate, who are fully qualified, trained, and equipped for providing emergency mine rescue service.
(c) To be considered for membership on a mine rescue team, each person must have been employed in an underground mine for a minimum of one year within the past five years. For the purpose of mine rescue work only, miners who are employed on the surface but work regularly underground shall meet the experience requirement. The underground experience requirement is waived for those miners on a mine rescue team on the effective date of this rule.
(d) Each operator shall arrange, in advance, ground transportation for rescue teams and equipment to the mine or mines served.
(e) Upon the effective date of this part, the required rescue capability shall be present at all existing underground mines, upon initial excavation of a new underground mine entrance, or the re-opening of an existing underground mine.
(f) Except where alternative compliance is permitted under § 49.3 or § 49.4,
(g) As used in this part, mine rescue teams shall be considered available where teams are capable presenting themselves at the mine site(s) within a reasonable time after notification of an occurrence which might require their services. Rescue team members will be considered available even though performing regular work duties or in an off-duty capacity. The requirement that mine rescue teams be available shall not apply when teams are participating in mine rescue contests or providing services to another mine.
(h) Each operator of an underground mine who provides rescue teams under this section shall send the District Manager a statement describing the mine's method of compliance with this part. The statement shall disclose whether the operator has independently provided mine rescue teams or entered into an agreement for the services of mine rescue teams. The name of the provider and the location of the services shall be included in the statement. A copy of the statement shall be posted at the mine for the miners’ information. Where a miners’ representative has been designated, the operator shall also provide the representative with a copy of the statement.
(a) If an underground mine is small and remote, an operator may provide for an alternative mine rescue capability. For the purposes of this part only, consideration for small and remote shall be given where the total underground employment of the operator's mine and any surrounding mine(s) within two hours ground travel time of the operator's mine is less than 36.
(b) An application for alternative mine rescue capability shall be submitted to the District Manager for the district in which the mine is located for review and approval.
(c) Each application for an alternative mine rescue capability shall contain:
(1) The number of miners employed underground at the mine on each shift;
(2) The distances from the two nearest mine rescue stations;
(3) The total underground employment of mines within two hours ground travel time of the operator's mine;
(4) The operator's mine fire, ground, and roof control history;
(5) The operator's established escape and evacuation plan;
(6) A statement by the operator evaluating the usefulness of additional refuge chambers to supplement those which may exist;
(7) A statement by the operator as to the number of miners willing to serve on a mine rescue team;
(8) The operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and
(9) Other relevant information about the operator's mine which may be requested by the District Manager.
(d) A copy of the operator's application shall be posted at the mine. Where a miners’ representative has been designated, the operator shall also provide the representative with a copy of the application.
(e) In determining whether to approve an application for alternative compliance, the District Manager shall consider:
(1) The individual circumstances of the small and remote mine;
(2) Comments submitted by, or on behalf of, any affected miner; and
(3) Whether the alternative mine rescue plan provides a suitable rescue capability at the operator's mine.
(f) Where alternative compliance is approved by MSHA, the operator shall adopt the alternative plan and post a copy of the approved plan (with appropriate MSHA mine emergency telephone numbers) at the mine for the miners’ information. Where a miners’ representative has been designated, the operator shall also provide the representative with a copy of the approved plan.
(g) The operator shall notify the District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability.
(h)(1) An approved plan for alternative mine rescue capability shall be subject to revocation or modification for cause by MSHA, where it is determined that a condition or factor has changed which would materially alter the operator's mine rescue capability. If such action is contemplated, the operator will be notified, and given an opportunity to be heard before the appropriate District Manager.
(2) If an application for alternative compliance is denied or revoked, the District Manager shall provide the reason for such denial or revocation in writing to the operator. The operator may appeal this decision in writing to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia 22209-3939.
(a) If an underground mine is operating under special mining conditions, the operator may provide an alternative mine rescue capability.
(b) An application for alternative mine rescue capability shall be submitted to the District Manager for the district in which the mine is located for review and approval.
(c) To be considered “operating under special mining conditions,” the operator must show that all of the following conditions are present:
(1) The mine has multiple adits or entries;
(2) The mined substance is noncombustible and the mining atmosphere nonexplosive;
(3) There are multiple vehicular openings to all active mine areas, sufficient to allow fire and rescue vehicles full access to all parts of the mine in which miners work or travel;
(4) Roadways or other openings are not supported or lined with combustible materials;
(5) The mine shall not have a history of flammable-gas emission or accumulation, and the mined substance shall not have a history associated with flammable or toxic gas problems; and
(6) Any reported gas or oil well or exploratory drill hole shall be plugged to within 100 feet above and below the horizon of the ore body or seam.
(d) Each application shall contain:
(1) An explanation of the special mining conditions;
(2) The number of miners employed underground at the mine on each shift;
(3) The distances from the two nearest mine rescue stations;
(4) The operator's mine fire history;
(5) The operator's established escape and evacuation plan;
(6) The operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and
(7) Other relevant information about the operator's mine which may be requested by the District Manager.
(e) A copy of the operator's application shall be posted at the mine. Where a miners’ representative has been designated, the operator shall also provide the representative with a copy of the application.
(f) In determining whether to approve an application for alternative compliance, the District Manager shall consider:
(1) The individual circumstances of the mine operating under special mining conditions;
(2) Comments submitted by, or on behalf of, any affected miner; and
(3) Whether the alternative mine rescue plan provides a suitable rescue capability at the operator's mine.
(g) Where alternative compliance is approved by MSHA the operator shall adopt the alternative plan and post a copy of the approved plan (with appropriate MSHA mine emergency telephone numbers) at the mine for the miners’ information. Where a miners’ representative has been designated, the operator shall also provide the representative with a copy of the alternative plan.
(h) The operator shall notify the District Manager of any changed condition or factor materially affecting information submitted in the application for alternative mine rescue capability.
(i)(1) An approved plan for alternative mine rescue capability shall be
(2) If an application for alternative compliance is denied or revoked, the District Manager shall provide the reason for such denial or revocation in writing to the operator. The operator may appeal this decision in writing to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, 1100 Wilson Blvd., Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia 22209-3939.
(a) Except where alternative compliance is permitted, every operator of an underground mine shall designate, in advance, the location of the mine rescue station serving the mine.
(b) Mine rescue stations are to provide a centralized storage location for rescue equipment. This centralized storage location may be either at the mine site, affiliated mines, or a separate mine rescue structure.
(c) Mine rescue stations shall provide a proper storage environment to assure equipment readiness for immediate use.
(d) Authorized representatives of the Secretary shall have the right of entry to inspect any designated mine rescue station.
(a) Each mine rescue station shall be provided with at least the following equipment:
(1) Twelve self-contained oxygen breathing apparatus, each with a minimum of 2 hours capacity (approved by MSHA and NIOSH under 42 CFR part 84, subpart H), and any necessary equipment for testing such breathing apparatus;
(2) A portable supply of liquid air, liquid oxygen, pressurized oxygen, oxygen generating or carbon dioxide absorbant chemicals, as applicable to the supplied breathing apparatus and sufficient to sustain each team for six hours while using the breathing apparatus during rescue operations;
(3) One extra oxygen bottle (fully charged) for every six self-contained compressed oxygen breathing apparatus;
(4) One oxygen pump or a cascading system, compatible with the supplied breathing apparatus;
(5) Twelve permissible cap lamps and a charging rack;
(6) Two gas detectors appropriate for each type of gas which may be encountered at the mines served;
(7) Two oxygen indicators or two flame safety lamps;
(8) One portable mine rescue communication system (approved under part 23 of this title) or a sound-powered communication system. The wires or cable to the communication system shall be of sufficient tensile strength to be used as a manual communication system. These communication systems shall be at least 1,000 feet in length; and
(9) Necessary spare parts and tools for repairing the breathing apparatus and communication system.
(b) Mine rescue apparatus and equipment shall be maintained in a manner that will ensure readiness for immediate use. A person trained in the use and care of breathing apparatus shall inspect and test the apparatus at intervals not exceeding 30 days and shall certify by signature and date that the inspections and tests were done. When the inspection indicates that a corrective action is necessary, the corrective action shall be made and the person shall record the corrective action taken. The certification and the record of corrective action shall be maintained at the mine rescue station for a period of one year and made available on request to an authorized representative of the Secretary.
(a) Each member of a mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The first such physical examination shall be completed within 60 days prior to scheduled initial training. A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece.
(b) In determining whether a miner is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration:
(1) Seizure disorder;
(2) Perforated eardrum;
(3) Hearing loss without a hearing aid greater than 40 decibels at 400, 1,000 and 2,000 Hz;
(4) Repeated blood pressure (controlled or uncontrolled by medication) reading which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic;
(5) Distant visual acuity (without glasses) less than 20/50 Snellen scale in one eye, and 20/70 in the other;
(6) Heart disease;
(7) Hernia;
(8) Absence of a limb or hand; or
(9) Any other condition which the examining physician determines is relevant to the question of whether the miner is fit for rescue team service;
(c) The operator shall have MSHA Form 5000-3 certifying medical fitness completed and signed by the examining physician for each member of a mine rescue team. These forms shall be kept on file at the mine rescue station for a period of one year.
(a) Prior to serving on a mine rescue team each member shall complete, at a minimum, an initial 20-hour course of instruction as prescribed by MSHA's Office of Educational Policy and Development, in the use, care, and maintenance of the type of breathing apparatus which will be used by the mine rescue team. The initial training requirement is waived for those miners on a mine rescue team on the effective date of this rule.
(b) Upon completion of the initial training, all team members shall receive at least 40 hours of refresher training annually. This training shall be given at least 4 hours each month, or for a period of 8 hours every two months. This training shall include:
(1) Sessions underground at least once each 6 months;
(2) The wearing and use of the breathing apparatus by team members for a period of at least two hours while under oxygen every two months;
(3) Where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment, or a different breathing apparatus;
(4) Advanced mine rescue training and procedures; as prescribed by MSHA's Office of Educational Policy and Development; and
(5) Mine map training and ventilation procedures.
(c) A mine rescue team member will be ineligible to serve on a team if more than 8 hours of training is missed during one year, unless additional training is received to make up for the time missed.
(d) The training courses required by this section shall be conducted by instructors who have been employed in an underground mine for a minimum of one year within the past five years, and who have received MSHA approval through:
(1) Completion of an MSHA or State approved instructor's training course and the program of instruction in the subject matter to be taught.
(2) Designation by the District Manager as approved instructors to teach specific courses, based on their qualifications and teaching experience. Previously approved instructors need not be re-designated to teach the approved courses as long as they have taught those courses within the 24 months prior to the effective date of this part. Where individuals are designated, the District Manager may waive the underground experience requirement.
(e) The District Manager may revoke an instructor's approval for good cause.
(f) Upon request from the District Manager, the operator shall provide information concerning the schedule of upcoming training.
(g) A record of training of each team member shall be on file at the mine rescue station for a period of one year.
(a) Each underground mine shall have a mine rescue notification plan outlining the procedures to follow in notifying the mine rescue teams when there is an emergency that requires their services.
(b) A copy of the mine rescue notification plan shall be posted at the mine for the miners’ information. Where a miners’ representative has been designated, the operator shall also provide the representative with a copy of the plan.
All provisions and requirements of this part shall become effective on July 11, 1981.