Part 46 Reference Guide

Part 46

Reference Guide

U.S. Department of Labor

Mine Safety and Health Administration

National Mine Health and Safety Academy

Other Training Materials

OT 54

February 2017

Visit the Mine Safety and Health Administration

Web site at www.msha.gov

T ABLEOFCONTENTS

INTRO DUCTION...............................................................................................................1

EGULATIONANDPOLICY.................................................................................................. 3

46.1...............................................................................................................................5

46.2...............................................................................................................................6

46.3.............................................................................................................................11

46.4.............................................................................................................................16

46.5.............................................................................................................................18

46.6.............................................................................................................................21

46.7.............................................................................................................................24

46.8.............................................................................................................................25

46.9.............................................................................................................................27

46.10...........................................................................................................................31

46.11...........................................................................................................................32

46.12...........................................................................................................................33

OMPLIANCEGUIDE(Q&A)............................................................................................ 35 

TR AININGPLA N............................................................................................................ 71

S AMP LELESSONPLANS ..................................................................................................99 

TR AININGRECORDS .....................................................................................................109

B LA NKFORMS/RECOR DS.........................................................................................111

S AMP LET RAININGRECORDS.................................................................................... 117

INTRODUCTION 

This book was designed to assist mining operations who are regulated by MSHA’s

Part 46 regulations.This book provides regulations, policy, and frequently  asked

questions and answers.It includes a blank training plan,  sample l esson plans, and

trainingrec ords.



Intheregulationandpolicysection, informationfr omMSHA’sProgramPolicyManual

(PPM)hasbeenintegrated,soitcorrespondsdirectlywiththelistedregulation.Thi s

isfoll owedbytheComplianceGuidewhichisalistoffrequentlyaskedquestionsand

answers.



Whileteaching,youareexpectedtouseyourMSHAApprovedTrainingPlanasaguide.

Thetrainingplanisageneraloverviewofwhatandhowyouplantoteacheachprogram.

Itisrecommendedthatyoudevelopindividuallessonplansforeachsubject/courseyou

willbeteaching.Lessonplansaredetailedoutlinesindicatinghowyouplantoteachand

evaluateeachparticularsubjectwithinthetrainingprogram.



The sample lesson plans included in this book provide an example of things you may

teachforcertainsubjects.Theselessonplansarenotcomplete.Usetheseexamplesas

aguidetoaidyouindevelopingyoursite‐specificlessonplans.



As with the training plan, you can  copy and use the blank training records that are

providedordevelopyourownwhichmustincludealltherequiredinformationlisted

inPart 46.9.Youwillalsofindexamplesofproperlycompletedtrainingrecords.



Remember,MSHA’sEducationalFieldandSm allMineServices(EFSMS)have training 

specialistsavailabletoassistyou.Weencourageyoutocontactthemwhenyouhave

questions regarding training plans, training, or anything concerning Part 46

regulations.



REGULATION AND POLICY

Part 46

Part 46 regulates the training and retraining of miners engaged in shell dredging or

employed at sand, gravel, surface stone, surface clay, colloidal phosphate, surface

limestone, marble, granite, sandstone, slate, shale, traprock, kaolin, cement, feldspar,

and lime mines.

46.1 Scope

46.2 Definitions

46.3 Training Plans

46.4 Training Plan Implementation

46.5 New Miner Training

46.6 Newly Hired Experienced Miner Training

46.7 New Task Training

46.8 Annual Refresher Training

46.9 Records of Training

46.10 Compensation for Training

46.11 Site-Specific Hazard Awareness Training

46.12 Responsibility for Independent Contractor Training

30 CFR 46.1 - Scope.

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.

PPM: General

Section 115 of the Federal Mine Safety and Health Act of 1977 (Mine Act)

and 30 CFR Part 46 require operators to have an approved training plan

under which miners are provided training. Part 46 training plans are

considered "approved" if they contain, at a minimum, the information

listed in § 46.3(b). Plans that do not contain the minimum information

listed in § 46.3(b) must be submitted to MSHA for approval.

Compliance Responsibility

Each mine operator is responsible for complying with all applicable

provisions of Part 46. Therefore, operators are required to provide all

required miner training.

Independent contractors working on mine property must comply with

the requirements of Part 46 (see "§ 46.12 Responsibility for Independent

Contractor Training"). This includes developing their own training plan

that meets the minimum requirements of Part 46 and providing

appropriate training.

Industries Affected by Part 46

Part 46 applies to miners working at surface shell dredging, sand, gravel,

surface stone, surface clay, colloidal phosphate, surface limestone,

marble, granite, sandstone, slate, shale, traprock, kaolin, cement,

feldspar, and lime mines.

Surface Areas of Underground Mines

Underground mines and their surface areas are covered by Part 48. The

Part 46 regulations do not apply to training for miners who work at

surface areas of underground mines. Miners who work in such areas

must continue to receive training that complies with the Part 48 training

regulations.

Government Officials on Part 46 Properties

Government officials visiting a mine site are not required to receive Part

46 training. However, MSHA expects those government agencies whose

personnel visit mine sites will ensure that their employees are provided

with appropriate personal protective equipment, and receive adequate

instruction and training. Where training is not provided, such

government officials should be accompanied by an experienced miner.

Satisfying both Part 46 and Part 48 requirements

MSHA will allow independent contractors who work at both Part 46 and

Part 48 surface mining operations to comply with the training

requirements of Part 48, instead of complying with both training rules.

This will eliminate the need for developing two training plans and

complying with two record-keeping requirements. These contractors

may choose to comply with the New Miner, Experienced Miner, Task, and

Annual Refresher Training programs of Part 48 to satisfy the training

requirements for both regulations. Independent contractors who choose

to follow this policy must have their own Part 48 training plan approved

by MSHA.

Part 46 defines construction workers who are exposed to hazards of

mining operations as miners. Independent contractors that perform

construction work on Part 46 properties may train under their own

approved Part 48 training plan to satisfy the Part 46 requirement for

training construction workers who are exposed to hazards of mining

operations.

Operators, at Part 46 operations, remain responsible for ensuring that

Site-specific Hazard Awareness Training (§ 46.11) is provided to these

contractors.

30 CFR 46.2 – Definitions.

The following definitions apply in this Part:

(a) Act means the Federal Mine Safety and Health Act of 1977.

(b) Competent person means a person designated by the production-operator or

independent contractor who has the ability, training, knowledge, or experience

to provide training to miners in his or her area of expertise. The competent

person must be able both to effectively communicate the training subject to

miners and to evaluate whether the training given to miners is effective.

PPM: "Competent Person" – Part 46 does not require that "competent

persons" be approved by MSHA. A "competent person," is a person who

is designated by the production-operator or independent contractor who

has the ability, training, knowledge, or experience to provide training to

miners in his or her area of expertise. The competent person must be

able to effectively communicate the training subject to miners, and

evaluate whether the training given to miners is effective.

A competent person may be credited for receiving any training they

provide toward their own training requirements.

duties similar to duties performed in mining operations at surface mines. Such

experience may include, but is not limited to, work as a heavy equipment

operator, truck driver, skilled craftsman, or plant operator.

PPM: "Equivalent Experience" is defined in Part 46 as work experience where

the person performed duties similar to duties performed in mining

operations at surface mines. "Equivalent experience" includes such

things as working at a construction site or other types of jobs where the

miner has duties similar to the duties at the mine. These duties could

include working as a heavy equipment operator, truck driver on a

highway construction site, skilled craftsman, or plant operator. To

determine equivalent experience, production-operators and independent

contractors must evaluate the work history of newly-hired employees in

determining whether the employees are "experienced" miners. This

determination is subject to review by MSHA as part of our verification

that production-operators and independent contractors have complied

with the training requirements of Part 46.

(d)(1) Experienced miner means:

(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 Section 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, 201 12th Street South,

Arlington, VA 22202; or

(iv) A person employed as a miner on or after October 2, 2000, who has

completed 24 hours of new miner training under Section 46.5 of this

Part or under Section 48.25 of this title and who has at least 12

cumulative months of surface mining or equivalent experience.

PPM: Part 46 lists four ways to become an experienced miner.

1. Employed as a miner on April 14, 1999; or

2. Twelve months of cumulative surface mining or equivalent

experience on or before October 2, 2000; or

3. Began employment as a miner after April 14, 1999, but before

October 2, 2000, and who has received new miner training under §

48.25 or under the proposed requirements published April 14, 1999;

4. Employed as a miner on or after October 2, 2000, and completed 24

hours of new miner training under § 46.5 or under § 48.25 and has at

least 12 cumulative months of surface mining or equivalent

experience.

Once a miner has received new miner training under Part 46 or Part 48

and has accumulated 12 months of mining experience within 36 months

of receiving new miner training, MSHA considers that miner to be

experienced for life for training purposes at all Part 46 mines.

(d)(2) Once a miner is an experienced miner under this Section, the miner will retain

that status permanently.

(e) Independent contractor means any person, partnership, corporation, subsidiary

of a corporation, firm, association, or other organization that contracts to

perform services at a mine under this Part.

(f) Mine site means an area of the mine where mining operations occur.

(g)(1) Miner means:

(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.

(g)(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 also does not include maintenance or service workers

who do not work at a mine site for frequent or extended periods.

PPM: A miner is a 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 construction workers who are

exposed to hazards of mining operations for frequent or extended

periods.

The definition of "miner" does not include scientific workers; delivery

workers; customers (including commercial over-the-road truck drivers);

vendors; or visitors.

Commercial over the road truck drivers are required to have Site-Specific

Hazard Awareness Training. Part 46 affords operators the discretion to

tailor Site-specific Hazard Awareness Training to the unique operations

and conditions at their mines. However, the training must in all cases be

sufficient to alert affected persons to site-specific hazards. Under Part

46, Hazard Awareness training is intended to be appropriate for the

individual who is receiving it and that the breadth and depth of training

vary depending on the skills, background, and job duties of the recipient.

This definition of "miner" also does not include maintenance or service

workers who do not work at a mine site for frequent or extended

periods.

"Frequent" exposure is defined as a pattern of exposure to hazards at

mining operations occurring intermittently and repeatedly over time.

"Extended" exposure means exposure to hazards at mining operations of

more than five consecutive work days.

(h) Mining operations means mine development, drilling, blasting, extraction,

milling, crushing, screening, or sizing of minerals at a mine; maintenance and

repair of mining equipment; and associated haulage of materials within the mine

from these activities.

PPM: Mining operations means mine development, drilling, blasting,

extraction, milling, crushing, screening, or sizing of minerals at a mine;

maintenance and repair of mining equipment; and associated haulage of

materials within the mine from these activities.

(i) New miner means a person who is beginning employment as a miner with a

production-operator or independent contractor and who is not an experienced

miner.

(j) Newly hired experienced miner means an experienced miner who is beginning

employment with a production-operator or independent contractor.

Experienced miners who move from one mine to another, such as drillers and

blasters, but who remain employed by the same production-operator or

independent contractor are not considered newly hired experienced miners.

(k) Normal working hours means a period of time during which a miner is otherwise

scheduled to work, including the sixth or seventh working day if such a work

schedule has been established for a sufficient period of time to be accepted as

the common practice of the production-operator or independent contractor, as

applicable.

PPM: For example, if miners on occasion work on Saturday, they can be trained

on Saturday. Part 46 also requires that miners who are being trained be

paid at a rate of pay they would have received had they been performing

their normal work tasks.

(l) Operator means any production-operator or any independent contractor whose

employees perform services at a mine.

(m) Production-operator means any owner, lessee, or other person who operates,

controls, or supervises a mine under this Part.

(n) Task means a work assignment or component of a job that requires specific job

knowledge or experience.

(o) We or us means the Mine Safety and Health Administration (MSHA).

(p) You means production-operators and independent contractors.

30 CFR 46.3 - Training Plans.

(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.

PPM: All mining operations which fall under Part 46 must develop and

implement a written training plan. Independent contractors who employ

"miners" are also primarily responsible for providing comprehensive

training to their employees. This requires independent contractors to

develop a training plan containing effective programs for providing this

training. If arrangements are made to receive training from the

production-operator, it must be indicated in the independent

contractor's training plan.

A training plan can be used for more than one mine. The plan must list

all mine names and MSHA mine identification numbers and must cover

all the appropriate training requirements, including Site-specific Hazard

Awareness Training, at each mine listed on the plan.

(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);

PPM: MSHA does not require independent contractors to get an MSHA

identification number for purposes of Part 46.

However, if an independent contractor wants to obtain an MSHA

identification number:

 please contact the local MSHA district office, or

 to file online go to the MSHA Home Page (www.MSHA.gov) and

click on the tab titled "Forms & Online Filings."

(b)(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;

PPM: Some operators, particularly those that operate large facilities, may want

the flexibility of having more than one person who can certify that

training has been completed. These operators may list more than one

person as being responsible for training.

(b)(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.

PPM: "Approximate time" means the operator's reasonable estimate of the

amount of time that will be spent on a particular subject. For example,

the time listed for a particular subject may be "approximately 3 hours,"

recognizing that when the training is actually given it may require more

or less time than is indicated in the training plan. This flexibility allows

for adjustments based on changing mine conditions or operations,

including the needs and experience of the individuals who receive the

training.

When a range of time is used for each subject, the maximum times listed

for each subject must be equal to or exceed the required hours for new

miner (24) and annual refresher (8) training as required by the regulation.

When stating a range it cannot start with a zero.

Remember: In all cases a miner must receive no less than 24 hours of

new miner training and 8 hours of annual refresher training annually.

(b)(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

PPM: The training plan must include all "competent persons" who will

instruct in all subjects, including the name of the person who will

provide only one type of task training. It is acceptable to indicate

the names of several potential instructors for one subject or

course, where the operator may call on one of several competent

persons to provide the training. While it is acceptable to list the

organizations who will instruct on the training plan, the

certificates of training must list the specific competent person's

name who provides the training.

(b)(5) The evaluation procedures used to determine the effectiveness of

training.

PPM: Part 46 does not require a specific evaluation method. Instead

the rule allows you to select the method that will best determine

if training has been effective. Possible evaluation methods

include administering written or oral tests, or a demonstration by

the miner that he or she can perform all required duties or tasks

in a safe and healthful manner.

In addition, periodic work observations can be used to identify

areas where additional training may be needed and such

observations, along with feedback from the miners, could be used

to modify and enhance the training program.

(b)(1) through (b)(5) of this Section must be submitted to and approved by the

Regional Manager, Educational Field and Small Mines 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 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 at least 2 weeks before you implement the plan or submit it to the

Regional Manager for approval.

PPM: If the competent person listed in the approved training plan cannot

provide the training, and the training is scheduled within 2 weeks, the

operator may substitute an unlisted competent person for the listed

competent person without the 2 week advance notice, provided that the

operator informs all miners to be trained and their representatives prior

to substituting the competent person, and provided that no miners or

their representatives object to the substitution.

(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, 201 12th Street South, Arlington,

VA 22202, 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.

PPM: Availability of Training Plan

Section 46.3(i) requires a copy of the training plan to be produced within

one business day of a request by MSHA or the miners or their

representatives. The following example explains our policy for one

business day.

If MSHA requests that an operator produce a training plan for

examination on Tuesday at 1:00 p.m., the deadline for producing the plan

would be 1:00 p.m. on Wednesday. If MSHA requests that an operator

produce a plan at 2:00 p.m. on Friday at a mine that does not operate

over the weekend, the deadline for producing the plan would be 2:00

p.m. on Monday.

(j) You must comply with the procedures for plan approval under this Section

whenever the plan undergoes revisions.

PPM: If MSHA discovers that a plan does not meet the minimum requirements

of Part 46 one of two actions must be taken.

1) The operator can amend the plan to comply with the requirements of

Part 46.3(b) or

2) If you want to conduct training in accordance with the plan that does

not meet the minimum information specified in § 46.3(b), the plan

must be submitted and approved by the Regional Manager,

Educational Field and Small Mine Services Division, for the region in

which the mine is located. Until the plan is approved no training can

be conducted under the plan. Their addresses are:

Eastern Regional Manager

Educational Field and Small Mine Services (EFSMS)

National Mine Health and Safety Academy

1301 Airport Road

Beaver, WV 25813-9426

Telephone: (304) 256-3223

FAX: (304) 256-3319

E-mail: zzMSHA-EPD - EFSMS Beckley Region

Western Regional Manager

Educational Field and Small Mine Services (EFSMS)

P.O. Box 25367

Denver, CO 80225-0367

Telephone: (303) 231-5434

FAX: (304) 231-5474

E-mail: zzMSHA-EPD - EFSMS Denver Region

A plan may also be voluntarily submitted to one of the Regional

Managers for approval. MSHA has developed an online program to assist

in developing a Part 46 training plan. The following link will open up the

MSHA online advisor: http://webapps.dol.gov/elaws/msha_train.htm.

(k) The addresses for the EFSMS Regional Managers are as follows. Current

information on the EFSMS organization is available on MSHA's Internet Home

Page at http://www.msha.gov.

Eastern Regional Manager

Educational Field and Small Mine Services (EFSMS)

National Mine Health and Safety Academy

1301 Airport Road

Beaver, WV 25813-9426

Telephone: (304) 256-3223

FAX: (304) 256-3319

E-mail: zzMSHA-EPD - EFSMS Beckley Region

Western Regional Manager

Educational Field and Small Mine Services (EFSMS)

P.O. Box 25367

Denver, CO 80225-0367

Telephone: (303) 231-5434

FAX: (304) 231-5474

E-mail: zzMSHA-EPD - EFSMS Denver Region

30 CFR 46.4 - Training Plan Implementation.

(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.

PPM: "Presented in Language Understood by the Miners"

Training received by miners in Part 46 must be presented in a language

they understand. In addition, if warning signs at the mine serve as a

component of the Site-Specific Hazard Awareness Training, the signs

must be in a language or languages that are understood by the persons

who come onto the mine site.

If a competent person is providing training to a group, and some

individuals are not fluent in English, it is permissible to use a person who

is not a competent person as a translator. When using a translator, the

operator or contractor should ensure the translator has the ability to

translate the information accurately and completely. Further, the

translator should be familiar with the subject and terminology in the

language being translated, not just in English.

(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.

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 Section 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.

PPM: MSHA considers computer based or other interactive training

technologies to be training "methods," to be used by a competent person

effectively and appropriately. This would not necessarily require that the

competent person be in the room at all times; however, the competent

person must be available to evaluate the trainee's progress, and answer

questions as they arise.

(e) Employee health and safety meetings, including informal health and safety talks

and instruction, may be credited under this Part toward either new miner

training, newly hired experienced miner training, or annual refresher training

requirements, as appropriate, provided that you document each training session

in accordance with Section 46.9 of this Part. In recording the duration of

training, you must include only the portion of the session actually spent in

training.

30 CFR 46.5 - New Miner Training.

(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.

PPM: A person who is beginning employment as a miner with a production-

operator or independent contractor and who is not an experienced miner

as defined in definitions under "Experienced Miner," is a new miner for

training purposes.

Close Observation

Section 46.5(e) requires that new miners be under the "close

observation" of a competent person when practicing as part of the health

and safety aspects of an assigned task. "Close observation" means that

the competent person must have the ability to observe a new miner's

work practices during task training ensuring the miner is not jeopardizing

his or her own health and safety or that of others. This does not mean

that the competent person must completely abandon his or her normal

duties, as long as the competent person can adequately monitor the

work practice. However, in some situations, the competent person may

have to cease normal work duties to ensure that this performance-based

standard is met.

If the training for a specific task is completed, the miner no longer needs

to be under the close observation of a competent person. However,

since the miner has not completed the 24 hours of "New Miner Training,"

the miner is required to work where an experienced miner can observe

his or her work practices until the 24 hours of training is completed.

A competent person may not be able in some instances to ride on a piece

of mobile equipment with the trainee. When available, the passenger

seat is the best location for a competent person providing training to a

miner in safe operation of the equipment. However, when a passenger

seat is not available, the competent person should be positioned in a safe

location in close proximity to the equipment being operated. The

competent person should closely observe and monitor the miner's

actions from that location.

(b) Before a new miner begins work at the mine -

You must provide the miner with no less than 4 hours of training in the following

subjects, which must also address site-specific hazards:

(1) An introduction to the work environment, including a visit and tour of the

mine, or portions of the mine that are representative of the entire mine

(walkaround training). The method of mining or operation utilized must be

explained and observed;

(2) Instruction on the recognition and avoidance of electrical hazards and

other hazards present at the mine, such as traffic patterns and control,

mobile equipment (e.g., haul trucks and front-end loaders), and loose or

unstable ground conditions;

(3) A review of the emergency medical procedures, escape and emergency

evacuation plans, in effect at the mine, and instruction on the firewarning

signals and firefighting procedures;

(4) Instruction on the health and safety aspects of the tasks to be assigned,

including the safe work procedures of such tasks, the mandatory health

and safety standards pertinent to such tasks, 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;

(5) Instruction on the statutory rights of miners and their representatives

under the Act;

(6) A review and description of the line of authority of supervisors and miners'

representatives and the responsibilities of such supervisors and miners'

representatives; and

(7) An introduction to your rules and procedures for reporting hazards.

You must provide the miner with training in the following subject:

(1) Instruction and demonstration on the use, care, and maintenance of self-

rescue and respiratory devices, if used at the mine; and

(2) A review of first aid methods.

(d) No later than 90 calendar days after a new miner begins work at the mine -

You must provide the miner with the balance, if any, of the 24 hours of training

on any other subjects that promote occupational health and safety for miners at

the mine.

(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.

PPM: Hands-On Training

Hands-on training can be counted toward the training required for

miners under § 46.5 and § 46.6. Part 46 allows practice under the "close

observation of a competent person" to be used to fulfill the requirements

for training on the health and safety aspects of assigned tasks required

for new miners under § 46.5(b)(4) and newly hired experienced miners

under § 46.6(b)(4). The time spent in training may be used to fulfill the

training requirements as outlined in the training plan.

Location of Independent Contractor Training

Independent contractors with employees that are required to have 24

hours of new miner training under Part 46 are not required to provide

this training on the mine property where their employees will be

working. However, when an employee of an independent contractor

goes to a mine site, he or she must receive appropriate Site-specific

Hazard Awareness Training applicable to the miner's exposure to mine

hazards (remember, independent contractors who have received New

Miner Training, must also be current with their Annual Refresher Training

requirements before working on a mine property).

This Site-Specific Hazard Awareness Training could include site-specific

health and safety risks, such as 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.

(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 Section 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.

PPM: A miner who has less than 12 cumulative months of surface mining or

equivalent experience who has completed New Miner Training under

Part 46 or Part 48 Subpart B, within 36 months before beginning work at

a mine does not have to repeat new miner training (§ 46.5(f)). However,

this miner must receive 4 hours of training covering the 7 initial subjects

listed in § 46.5(b).

For example, a miner completes 24 hours of New Miner Training and

leaves the mine after working 6 months. The miner then begins work at

another mine 6 months later or 12 months since receiving New Miner

Training. Since the miner has not fulfilled the 12 months of mining or

equivalent experience and begins work at another mine within 36

months, the miner must receive 4 hours of training in the 7 initial

subjects listed in § 46.5(b) before going to work.

(g) A new miner training course completed under Section 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.

30 CFR 46.6 - Newly Hired Experienced Miner Training.

(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).

(b) Before a newly hired experienced miner begins work at the mine -

You must provide the miner with training in the following subjects, which must

also address site-specific hazards:

(1) An introduction to the work environment, including a visit and tour of the

mine, or portions of the mine that are representative of the entire mine

(walk around training). The method of mining or operation utilized must

be explained and observed;

(2) Instruction on the recognition and avoidance of electrical hazards and

other hazards present at the mine, such as traffic patterns and control,

mobile equipment (e.g., haul trucks and front-end loaders), and loose or

unstable ground conditions;

(3) A review of the emergency medical procedures, escape and emergency

evacuation plans, in effect at the mine, and instruction on the firewarning

signals and firefighting procedures;

(4) Instruction on the health and safety aspects of the tasks to be assigned,

including the safe work procedures of such tasks, the mandatory health

and safety standards pertinent to such tasks, 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;

(5) Instruction on the statutory rights of miners and their representatives

under the Act;

(6) A review and description of the line of authority of supervisors and miners'

representatives and the responsibilities of such supervisors and miners'

representatives; and

(7) An introduction to your rules and procedures for reporting hazards.

work at the mine -

You must provide the miner with an instruction and demonstration on the use,

care, and maintenance of self-rescue and respiratory devices, if used at the

mine.

(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 Section 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.

PPM: Part 46 does not specify a minimum length of time that must be devoted

to this training. The duration of the training needed by a newly hired

experienced miner depends on the occupational experience of the miner,

the work duties that the miner will perform, and the methods of mining

and workplace conditions at the mine where the miner will be working.

Except as explained below, the seven subjects listed in § 46.6(b) must be

covered before assigning the miner to work.

A newly hired experienced miner who returns to the same mine,

following an absence of 12 months or less, is not required to receive the

Experienced Miner Training under § 46(b) and (c). Instead the miner

must be provided 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 during the absence, the miner must be provided the missed

training no later than 90 calendar days after the returning miner begins

work at the mine.

There are no specific requirements for tracking, recording or verifying the

accumulation of experience. It is the operator's responsibility to

determine the miner's experience based on the miner's work and training

history.

When hiring a new experienced miner, Part 46 does not require any

specific proof of experience or documentation. However, a reasonable

effort should be made to justify previous experience. This may include

talking to previous employers, reviewing a resume, pay records, training

records, etc.

Experienced miners, who are current with their annual refresher training

and the appropriate task training and who move from one mine site to

another but remain employed by the same production-operator or

independent contractor, are required to receive Site-specific Hazard

Awareness Training at each mine where they work.

30 CFR 46.7 - New Task Training.

(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.

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.

PPM: Part 46 does not specify the amount of time that must be spent on task

training. The performance-oriented approach of Part 46 allows for the

needs of individual miners to be taken into account when determining

the amount of time. A reasonable amount of time must be allotted for

training in each task, based on the individual needs of the miner and the

complexity of the assigned task.

If an experienced miner is trained on a specific piece of equipment and is

then assigned to operate a similar piece of equipment that is a different

model or made by a different manufacturer, that miner is required to

receive new task training on the new piece of equipment. Although there

may be similarities among different types of equipment, each type of

equipment has unique operational characteristics. Miners must be

trained on the unique characteristics of each piece of equipment that

they are assigned to operate.

Under Part 46 the written training plan must address each task for which

training will be conducted. The training plan must include a general

description of the teaching methods, course materials, evaluation

methods and competent person(s) who will conduct the training.

Additionally, the plan must list the approximate time or range of time to

be spent on each task training.

The time spent conducting each type of task training must be recorded

and listed on the certificate of training form. A "record" of task training

must be made at the completion of new task training. New task training

records must be "certified" at least once every 12 months or upon

request by the miner.

Task training can be a part of new miner training. Although it has a

slightly different name, new miners must receive instruction on the

health and safety aspects of the tasks to be assigned, including the safe

work procedures of such tasks, and the mandatory health and safety

standards pertinent to such tasks.

Hands-on training can be used to complete task training. The regulation

provides that; "practice under the close observation of a competent

person may be used to fulfill the requirement for task training." While

training under close observation may be done in a production mode,

emphasis should be placed on the training and not the production.

30 CFR 46.8 - Annual Refresher Training.

(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.

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).

PPM: Section 46.8 requires that annual refresher training include instruction on

changes at the mine that could adversely affect the miners' health or

safety. In addition, refresher training must also address other health and

safety subjects that are relevant to mining operations at the mine.

Section 46.8 includes an extensive list of recommended subjects for

refresher training. The flexibility of the performance-based approach of

Part 46 allows production-operators and independent contractors to

determine the subjects to be covered in annual refresher training based

on the needs of their workforce and their operations.

In the regulation, the section on annual refresher training lists

recommended subjects that could be included in the training. It is not

acceptable to list all these subjects on the training plan and choose

different subjects from year-to-year. The training plan needs to

accurately represent each subject which you plan to cover during annual

refresher training.

As a reminder, if this list is modified, the miners' representative, if any,

must be provided with a copy of the plan at least 2 weeks before the plan

is implemented. If no miners' representative has been designated, post a

copy of the plan at the mine or provide a copy to each miner at least 2

weeks before the plan is implemented.

Annual Refresher Training Anniversary Dates

Annual refresher training anniversary dates are tracked monthly. For

example, if a miner completed annual refresher training some time in

February, the next annual refresher training must be completed by the

end of the following February.

30 CFR 46.9 - Records of Training.

(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 Section 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."

Section.

(1) For new miner training under 30 CFR 46.5, no later than -

(i) when the miner begins work at the mine as required under Section

46.5(b);

(ii) 60 calendar days after the miner begins work at the mine as required

under Section 46.5(c); and

(iii) 90 calendar days after the miner begins work at the mine as required

under Section 46.5(d), if applicable.

(2) For newly hired experienced miner training under Section 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 Section 46.7;

(4) After each session of annual refresher training under Section 46.8; and

(5) Upon completion by miners of site-specific hazard awareness training

under Section 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 Section

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.

PPM: Making Records Available to MSHA

A copy of each miner's training records and certificates must be made

available for inspection by MSHA and for examination by miners and their

representatives. This includes both certified training records and records

that have not yet been certified.

(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 Section 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.

PPM: Maintaining Training Plans and Records

Operators and contractors must make available for inspection by MSHA

and by miners and their representatives training plans, training records

and certificates (§ 46.9 (g)). If the training plan, training records or

certificates are not physically kept at the mine site, they must be

"produced upon request;" such as by having them sent from another

location via fax machine or computer. Training plans must be made

available within one business day, but training records, and certificates

with the signature of the person responsible for health and safety

training must be made available before inspection activity at the mine

concludes for the day. The reason for the difference is a matter of

urgency. If a miner is untrained or improperly trained, it is a hazard to

the miner and to other miners.

Training records and certificates must be made available to the inspector

at the mine site. The inspector may choose, as a matter of convenience,

to inspect the records at the office or location where the records are

maintained or have them faxed to an MSHA office for his or her

inspection that day.

(i) You are not required to make records under this Section of site-specific hazard

awareness training you provide under Section 46.11 of this Part to persons who

are not miners under Section 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.

PPM: Part 46 requires that operators record and certify the training that miners

receive. Recording means creating a written record of the training. The

record must include:

 The full name of the person trained;

 The type of training;

 Duration of training;

 The date the training was received;

 The name of the competent person who provided the training;

 Name of mine or independent contractor;

 MSHA mine identification or independent contractor number (if

applicable); and

 Location of training (if an institution, the name and address of

institution).

Certifying means verifying, by signature, that the training listed on the

written record was completed as indicated on the form. Part 46 requires

that this certification be done by the person who has been designated by

the operator as responsible for health and safety training at the mine and

whose name appears on the training plan. Certifying is required at the

completion of training, such as at the end of the 24 hours of new miner

training.

Training records must be certified at:

 The completion of new miner training;

 The completion of newly hired experienced miner training;

 The completion of the 8 hours of annual refresher training;

 Least once every 12 months for new task training or upon request by

the miner; and

 The completion of Site-specific Hazard Awareness Training for miners.

A training record or certificate may be maintained in any format,

provided that it contains information listed in § 46.9(b). A "Certificate of

Training Form" (MSHA Form 5000-23) may also be used.

If an MSHA Form 5000-23 is used, it must list the competent instructor(s)

who conducted the training, the duration of the training and that the

training is for Part 46.

MSHA has developed a sample form which can be used. Both the sample

form and the MSHA Form 5000-23 are available from MSHA's Internet

Home Page (www.msha.gov), from MSHA's Educational Field and Small

Mine Services, or from MSHA District and Field offices.

Under § 46.9(b), the records of training must include the name of the

competent person who provided the training. If more than one

competent person provided the training, the names of all persons must

be included.

It is acceptable to list more than one miner on a record or certificate of

training. Part 46 allows operators flexibility in choosing the appropriate

form for records of training, provided that the form used includes the

minimum information specified in § 46.9(b)(1) through (b)(5).

The person who has been designated by the operator or independent

contractor as responsible for health and safety training is required to

certify, by signature, that training has been completed. This should not

be confused with the "competent person" who conducts the training.

For example, a state, vocational school or cooperative instructor listed in

a training plan may conduct the training and be recorded as the

competent person for each subject they teach. The person, who is

designated as the person responsible for Part 46 as indicated on the

training plan, must certify that the training was completed.

Training Certificates for People who are not Considered Miners

A record of training is not required for Site-specific Hazard Awareness

Training for persons who are not miners under § 46.2. However,

operators must be able to provide evidence to us, upon request, that the

training, when applicable, was provided. This evidence may include the

training materials used, including appropriate warning signs, written

information distributed to persons, or a visitor log book that reflects that

Site-specific Hazard Awareness Training has been given.

30 CFR 46.10 - Compensation for Training.

(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.

PPM: Training under Part 46 must be conducted during normal working hours,

and the miner must receive the same rate of pay he or she would have

received if performing normal tasks at that time. For example, if a miner

is paid at time and a half for working on Saturday, the miner must be paid

at that same rate for receiving training on Saturday.

30 CFR 46.11 - Site-Specific Hazard Awareness Training.

(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 Section 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 Section 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.

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, walk

around 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 who is

accompanied at all times by an experienced miner who is familiar with hazards

specific to the mine site.

PPM: Part 46 provides that Site-specific hazard awareness training may be

provided through the use of written hazard warnings, oral instruction,

signs and posted warnings, walkaround training, or other appropriate

means that alert affected persons to site-specific hazards at the mine.

Part 46 allows the flexibility to tailor hazard awareness training to the

specific conditions and practices at the mine. In many cases, an effective

Site-specific Hazard Awareness Training program will include a

combination of different types of training. The training must be sufficient

to alert affected persons to site-specific hazards.

Site-specific Hazard Awareness Training is not required for any person

who is accompanied at all times by an experienced miner who is familiar

with hazards specific to the mine site.

30 CFR 46.12 - Responsibility for Independent Contractor Training.

(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 Section 46.11 of

this Part.

(a)(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 Section

46.2, at the mine has primary responsibility for complying with Section 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.

(b)(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.

PPM: Section 46.12(a)(1) establishes that the production-operator has primary

responsibility for ensuring that Site-specific Hazard Awareness Training is

given to employees of independent contractors, while § 46.12(b)(1)

establishes that each independent contractor who employs a miner

under this Part has primary responsibility for complying with other

required training. MSHA views § 46.12 as a regulatory indication of

whom the agency will cite for training violations under ordinary

circumstances. Both the production-operator and the independent

contractor share the responsibility that all miners receive all required

training, and in extraordinary circumstances, MSHA may determine that

both the production-operator and the independent contractor should be

held liable for training violations.

Even though the production-operator has primary responsibility for

ensuring that Site-specific Hazard Awareness Training is provided, there

may be times where it is more practical for the independent contractor

to provide the training. Production-operators may provide independent

contractors with site-specific hazard awareness information or training

materials and arrange for the independent contractors to provide the

training to the contractors' employees. Where this arrangement is made,

the production-operator must list the independent contractor by name

and document in their training plan that the independent contractor

identified will be providing Site-specific Hazard Awareness Training. Even

under this arrangement, the production-operator is still responsible for

ensuring that the appropriate training is provided.

Independent Contractor Training Records

Independent contractors who are miners as defined by Part 46, must

make available at the mine site where they are working, a copy of each

miner's training certificate for inspection.

Part 46 COMPLIANCE GUIDE

Version 3 - Published May 28, 2001

Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand,

Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines.

We (MSHA) developed this compliance guide to provide information to the surface

nonmetal mining community about the new Part 46 training regulations. This is the

second edition of this Compliance Guide. We have added additional questions and

answers based on questions we have received since the release of the first guide.

We also wrote this guide in the more personal style advocated by the President’s

executive order on “Plain Language.” In this guide “you” refers to the mine operator

and independent contractor, and “we” and “us” refer to MSHA.

Part 46 is a performance-oriented rule and many of the requirements allow you to

decide how and when your training will be conducted, select the topics appropriate for

your mining operations, and choose the instructor(s). With a performance-oriented

rule, like Part 46, there is more than one way to meet its requirements, and the way you

comply may differ from another mining operation.

Although we believe that Part 46 is clearly written and easy to understand, we

developed this compliance guide to answer typical questions about the rule. As we

continue to work with mine operators and miners, we will learn from our experience

and share this information with you through updates to this guide. We recognize that

the safety and health hazards associated with mining are site-specific and mine

operators need flexibility to achieve the new regulation’s objectives. Part 46 was

written with this in mind.

Please contact your local MSHA office if you have any questions about the applicability

of Part 46 requirements at your operation.

The compliance guide was published in 2001. For clarification purposes, additional

information has been provided in green text.

General Section

1. Are other commodities not listed in the title to this regulation covered under

Part46?

Yes. Part 46 also covers surface mining operations at the following commodities:

marble, granite, sandstone, slate, shale, traprock, kaolin, cement, feldspar, and

lime.

2. Which training regulations apply — Part 48 or Part 46 — to miners who are

employed in the surface area of an underground mine, e.g., the surface area of

an underground limestone mine?

Surface areas of underground mines are and have been covered by Part 48. The

Part 46 regulations therefore do not apply to training for miners who work in

those areas. Miners who work in such areas must continue to receive training that

complies with the Part 48 training regulations.

3. Are state and federal personnel who visit a mine covered by the Part 46 training

requirements?

No. Government officials visiting a mine site are not required to receive Part 46

training. However, we expect those government agencies whose personnel visit

mine sites will ensure that their employees are provided with appropriate personal

protective equipment, and receive adequate instruction and training. Where

training is not provided, such government officials should be accompanied by an

experienced miner.

4. When will MSHA begin to enforce the provisions of the Part 46 training rules?

The Part 46 training rules become effective October 2, 2000, and will then be

subject to enforcement.

5. Do I have any responsibilities or obligations under Part 46 training rules between

October 1999 and October 2, 2000?

The regulations will become effective on October 2, 2000. At that time, you must

have a training plan developed and in place. In addition, beginning at that time,

you must: train any new miners who have never worked at a mining operation

before, and make sure that your “experienced” miners are on schedule to receive

their annual refresher training, and make sure all miners are experienced based on

one of the criteria listed in the regulation for becoming an experienced miner, and

make sure all people requiring site-specific hazard training are receiving this

training.

6. Are there any “key” dates in the rule that I should know about?

The key dates to keep in mind are October 2, 2000, when you must have a training

plan in place, that is being implemented, and March 30, 2001, when all of your

experienced miners, who were employed before March 30, 2000, must receive

annual refresher training (unless you’ve been providing annual refresher training

all along, in which case you may continue using the 12 month schedule already

established).

7. If a crusher that typically operates at mines that fall under the Part 46

regulations is moved onto a mine site where Part 48 regulations apply, what set

of regulations would apply?

If the crusher is being operated at a mine site where the Part 48 regulations apply,

the workers who operate the crusher are required to receive Part 48 training.

MSHA’s Educational Policy and Development group has anticipated such an

overlap between Parts 46 and 48 and are available to assist with training plans to

minimize any unnecessary redundancy in complying with both training rules.

8. What type of training is required for commercial over-the-road truck drivers,

including customers who drive onto mine property and have their trucks loaded,

and then deliver their load off the mine property?

Commercial over-the-road truck drivers are required to have Site-Specific Hazard

Awareness training. Part 46 affords operators the discretion to tailor site-specific

hazard awareness training to the unique operations and conditions at their mines.

However, the training must in all cases be sufficient to alert affected persons to

site-specific hazards. We intend that hazard awareness training be appropriate for

the individual who is receiving it and that the breadth and depth of training vary

depending on the skills, background, and job duties of the recipient.

46.2 Definitions - General

9. Are construction workers required to be trained before working on mine

property?

Yes. Construction workers must receive comprehensive training if they are

exposed to mine hazards at mining operations for “frequent or extended periods.”

Comprehensive training includes new miner training or newly hired experienced

miner training, as appropriate, annual refresher training and training in new tasks.

If they are not at mine sites for frequent or extended periods, they are required to

receive site-specific hazard awareness training appropriate for the hazards they

are exposed to while at the mine.

Competent Person

10. Is a competent person an Agent of the company?

A person who is designated by the production-operator or the independent

contractor as a competent person who is qualified to instruct miners and evaluate

whether training is effective does not become an agent of the operator under

Sections 110(c) and 110(d) of the Mine Act solely because of that assignment.

Section 46.9(b)(5) requires that the person designated by the operator in the

MSHA-approved training plan as responsible for health and safety training must

certify that each miner has completed the required training. If the competent

person and the designated person are the same, then that person could be liable

as an agent of a corporate operator for knowingly permitting miners to work who

have not received applicable Part 46 training.

11. What are the criteria for becoming a competent person?

A competent person is a person who is designated by the production operator or

independent contractor who has the ability, training, knowledge, or experience to

provide training to miners in his or her area of expertise. The competent person

must be able to effectively communicate the training subject to miners, and

evaluate whether the training given to miners is effective.

12. Are persons who provide instruction to miners in mining subjects required to be

approved by MSHA?

No. Part 46 does not require that instructors be approved by us. Under Section

46.4(a)(2), training must be provided by a “competent person.”

Section 46.2(b) defines “competent person” as a person designated by the

production-operator or independent contractor who has the ability, training,

knowledge, or experience to provide training to miners in his or her area of

expertise.

The competent person must be able both to effectively communicate the training

subjects to miners and to evaluate whether the training is effective. Production-

operators and independent contractors are responsible for determining who is

competent to instruct in the subjects listed in the training plan.

13. Can a "competent person" who provides training to miners be credited with the

training they provide?

Yes. A competent person may be credited for receiving any training provided

toward their own training requirements.

14. The definition of “competent person” does not specifically require the person to

be experienced in a task. Does this mean a task training instructor is not

required to be a “competent person?”

No. A person who provides task training must be a “competent person,” which

means that the person must have the ability, training, knowledge, or experience to

provide training in his or her area of expertise. To provide miners with training in

a particular task, the person must have the necessary expertise. In most cases, the

person will acquire this expertise through experience in the task, but the necessary

expertise may be acquired in other ways. For example, a person who receives

formal training as an equipment operator may acquire enough knowledge to be

competent to train miners in the operation of the equipment. The “competent

person” must also be able to effectively communicate the information and be

capable of evaluating whether the training is effective.

15. Must a person have worked in all areas of a mine before he or she can be

designated as a "competent person"?

No. Under Part 46, a person may be a "competent person" and allowed to provide

training to miners, even if the person has knowledge or experience in a limited

subject area. However, the competent person can only provide training in these

areas.

16. Can the list of “competent persons” in the training plan include a training

institution or state grantee? Can the institution conduct the site-specific

portions of the training?

Yes. Under Section 46.4(b), you may arrange with an organization to provide all or

part of your training, including site-specific hazard awareness training, if the

organization has access to the site and is knowledgeable about the site-specific

hazards at the mine.

Some portions of Part 46 training are more site-specific than others. As an

example, a training institution or state grantee will not usually have the necessary

information to conduct task or site-specific hazard awareness training. Section

46.3(b) specifically provides that you must indicate in your training plan the

organization and/or competent person(s) who will provide the training.

17. If I arrange with an outside organization, such as a state grantee, to provide

training to my miners, does the record of training need to indicate the

competent person who provided the training for each subject?

Yes. Even though operators may indicate in their training plan the organization

that will provide training rather than the individual competent person, the record

of training must list the specific competent person who conducted the training.

18. Can I list more than one "competent person" as the instructor for a specific

subject on my training plan?

Yes. You may choose to identify more than one “competent person” as an

instructor in a specific subject, and Part 46 allows this practice. You should be

aware, that Section 46.9 requires the record of training to include the identity of

the competent person who actually provided the training.

19. May an operator add additional "competent persons" to the training plan at any

time?

Yes. You can make revisions to your training plan at any time, as long as the

procedures set forth in Section 46.3 are followed.

20. Will the operator have to document the background of the "competent person"

or explain the rationale for designating the individual as a “competent person”?

Part 46 does not require operators to document the background of the competent

person. In cases where we have reasonable concerns that an individual who is

designated as a “competent person” does not have the necessary expertise to

instruct or to evaluate the effectiveness of the training, we may question the

operator about the basis for this designation.

21. If I choose to designate someone to only conduct one portion of site-specific

hazard awareness training, such as electrical hazards, do I need to list this

limitation in the training plan?

Yes. If a competent person is limited to conducting only a portion of site-specific

hazard awareness training, such as electrical hazards, the training plan needs to

identify that limitation. If there are no limitations, only the name of the

competent person needs to be listed for conducting site-specific hazard awareness

training.

Equivalent Experience

22. What is equivalent experience?

“Equivalent experience” is defined in Part 46 as work experience where the person

performed duties similar to duties performed in mining operations at surface

mines. This could include working as a heavy equipment operator, truck driver,

skilled craftsman, or plant operator. “Equivalent experience” includes such things

as working at a construction site or other types of jobs where the miner has duties

similar to the duties at the mine where he or she is employed in a work

environment outside the mining industry.

23. Who decides what constitutes “equivalent experience”?

Production-operators and independent contractors must evaluate the work history

of newly-hired employees in determining whether the employees are

“experienced” miners. This determination is subject to review by us as part of the

verification that production-operators and independent contractors have complied

with the training requirements of Part 46.

24. Does a miner need to have accrued experience within a certain time frame in

order for the experience to be counted as “equivalent experience”?

No. Part 46 does not require a miner to accrue experience within a certain time

frame, whether it is mining experience or equivalent experience.

Experienced Miner

25. Are the miners working at my mine now considered experienced miners?

An experienced miner is a person who:

(1) Is employed as a miner on April 14, 1999; or

(2) Has at least 12 months of cumulative surface mining or equivalent

experience on or before October 2, 2000; or

(3) Began employment as a miner after April 14, 1999, but before October 2,

2000, and who has received new miner training under Section 48.25 or

under the proposed requirements published April 14, 1999; or

(4) Is employed as a miner on or after October 2, 2000, who has completed

24 hours of new miner training under Section 46.5 of this Part or under

Section 48.25 of this title and who has at least 12 cumulative months of

surface mining or equivalent experience.

26. I hired a new inexperienced miner in May, 2000. This person had no previous

training or equivalent work experience. What training is required?

Since this person does not have the necessary 12 months of mining or equivalent

experience, or new miner training, this person is required to receive new miner

training by October 2, 2000.

27. An individual worked as a surface miner five years ago and has accrued 12

months or more of mining experience. Will this person be considered an

“experienced miner” under Part 46?

Yes. An individual who has accrued at least 12 months of surface mining

experience by October 2, 2000, is an “experienced miner.”

28. Who is responsible for providing new miner training or newly hired experienced

miner training to construction workers who are employees of an independent

contractor?

Under Section 46.12, the employers of construction workers are primarily

responsible for providing comprehensive training to their employees who are

“miners” under Part 46. This does not prevent the independent contractor from

arranging with the production-operator to provide the training to the contractor’s

employees. Production-operators retain the same responsibility for ensuring that

everyone who comes onto mine sites has received the necessary site-specific

hazard awareness training.

29. What type of training must be provided to maintenance or service employees of

an independent contractor who come to the mine site to provide service on

mining equipment?

If these employees maintain and/or repair mining equipment at mine sites for

“frequent” or “extended” periods, they are engaged in "mining operations" under

Part 46, and are considered miners for training purposes. However, if these

employees are not at mine sites for “frequent” or “extended” periods, they will

not be considered miners for training purposes and must receive site-specific

hazard awareness training at each mine.

"Frequent" exposure is defined as a pattern of exposure to hazards at mining

operations occurring intermittently and repeatedly over time.

"Extended" exposure means exposure to hazards at mining operations of more

than five consecutive work days.

30. Once a miner has become an "experienced miner" under the Part 46 regulations,

would that individual also be considered an "experienced miner" under the Part

48 regulations?

Not necessarily. Although it is possible for a miner to be considered an

"experienced miner" under both regulations, it is not automatic. A miner must

satisfy one of the definitions of "experienced miner" in Part 48 in order to be

considered experienced under that rule. Also, the training would have to be

conducted according to an MSHA - approved Part 48 training plan by an MSHA

approved instructor.

31. If a miner becomes an "experienced miner" under Part 46, is that status good at

other mines where the miner may work?

Once a miner becomes an "experienced miner" under Part 46, the miner is

considered an "experienced miner" at any mine where Part 46 applies.

32. Once a person becomes an "experienced miner," what type of training is

required?

An experienced miner hired by a mine operator must receive newly-hired

experienced miner training prior to beginning work at any different mine, training

for any new tasks assigned, and at least 8 hours of annual refresher training every

12 months.

If the experienced miner is an independent contractor, site-specific hazard

awareness training is required at each mine. Also, the independent contractor

must receive training for any new tasks and at least 8 hours of annual refresher

training every 12 months.

33. What kind of documentation is needed to establish a miner’s 12 cumulative

months of surface mining or equivalent experience.

Part 46 does not impose any specific requirements for tracking or recording the

accumulated experience. It is the responsibility of production-operators and

independent contractors to determine the miner's experience, based on the

miner's work and training history.

Mining Operations

34. What training is required for an independent contractor performing

maintenance and repair on mining equipment that is shutdown, and not in close

proximity to active mining operations?

If the work performed is on a frequent or extended basis, the independent

contractor will be considered a miner and require comprehensive training.

“Frequent” exposure is a pattern of exposure to hazards at mining operations

occurring intermittently and repeatedly over time. “Extended” exposure means,

exposure to hazards at mining operations of more than five consecutive work

days. Even though the mining equipment may be shutdown and the work

performed away from mining activities, the rule includes maintenance and repair

of mining equipment as part of the "mining operations.” These activities are a

routine part of mining activities and expose repair and maintenance people to

many of the same hazards as other miners.

Newly Hired Experienced Miner

35. What training is required for experienced miners who move from one mine to

another, such as drillers and blasters, but who remain employed by the same

production-operator or independent contractor?

Miners who move from one mine site to another, but remain employed by the

same employer are required to receive site-specific hazard awareness training at

each mine where they work.

36. What training is required for experienced miners who are permanently

transferred from one mine to another, but who remain employed by the same

production-operator?

Miners who are permanently transferred from one mine to another, but remain

employed by the same employer are not considered “newly hired experienced

miners” and are required to receive site-specific hazard awareness training at the

mine where they are transferred.

37. I am an independent contractor who employs miners who, as a regular part of

their job, work at multiple mine sites. What type of training do these miners

need?

Miners must receive new miner or newly hired experienced miner training when

they are initially hired, appropriate task training, and no less than 8 hours of

refresher training every 12 months. Additionally, miners who move from one

mine to another mine while remaining employed by the same production-operator

or independent contractor must receive site-specific hazard awareness training for

each mine where they work.

Normal Working Hours

38. What are normal working hours?

Section 46.10 provides that training must be conducted during “normal working

hours,” which is defined in Section 46.2(k) as “a period of time during which a

miner is otherwise scheduled to work.”

39. Does Part 46 allow training to be conducted on a Saturday, provided that the

miners are paid?

Training given under Part 46 must be provided during "normal working hours." For

example, if miners usually work on Saturday, they can be trained on Saturday.

Part 46 also requires that miners who are being trained be paid at a rate of pay

they would have received had they been performing their normal work tasks.

Section 46.3 Training Plans

40. Where can I get a copy of a sample training plan?

Sample plans are available on our Internet Home Page at www.msha.gov, and can

be obtained from MSHA’s Educational Field and Small Mine Services, MSHA’s

National Mine Health and Safety Academy in Beckley, West Virginia, your local

MSHA office, and most states participating in the MSHA State Grants Program.

These sample plans can be used by operators and independent contractors as a

basis for developing their own mine-specific plans.

41. If a mine operator must revise a plan immediately prior to training, must he go

through the 2-week review before giving the training?

Section 46.3(b)(4) requires that the production-operator and the independent

contractor include in their approved training plan a list of persons who will provide

the training, and the subject areas in which each person and/or organization is

competent to instruct. Section 46.3(j) requires mine operators to comply with the

procedures for plan approval under this Section whenever the plan undergoes

revision. This includes sharing the revised plan with miners or their

representatives before implementing it.

If the mine operator has miners gathered for training and the competent person

listed in the approved training plan cannot provide the training, the mine operator

may substitute an unlisted competent person for the listed competent person

without the 2-week advance notice as required in 30 CFR 46.3(d), provided that

the operator informs all miners to be trained and their representatives prior to

substituting the competent person, and provided that no miners or their

representatives object to the substitution. This allows greater flexibility in the

standard and upholds the spirit of the regulation.

42. I am an independent contractor who provides training to my employees under

Part 48. Is there anything else I need to do before my employees work at mine

sites where the Part 46 regulations apply?

It is possible for an operator to develop a training program that complies with both

sets of regulations. An operator can easily adjust a training plan developed under

Part 48 to address the new Part 46 training requirements, by making the following

changes:

Designate and list in the plan a competent person who will teach each subject,

including task training; list the approximate time or range of time that will be

spent on each subject area listed on the training plan; and describe the evaluation

procedures used to determine the effectiveness of all required safety and health

training.

43. In Section 46.3(b)(1), the regulation requires an independent contractor to list

the MSHA independent contractor number on the training plan. As an

independent contractor, do I need to have an MSHA independent contractor

number in order to have an approved training plan?

If you have or get an MSHA independent contractor number, you must put it on

your training plan. Unless required for other purposes under Title 30 CFR, MSHA

does not require an independent contractor to get an MSHA contractor ID number

for the purpose of having an approved Part 46 training plan.

44. Is every independent contractor who employs miners required to develop and

implement a training plan?

Yes. Independent contractors who employ “miners” are primarily responsible for

providing comprehensive training to their employees. This requires them to

develop a training plan containing effective programs for providing this training. If

arrangements are made to receive training from the production-operator, it must

be indicated in the independent contractor's training plan.

45. Can an independent contractor use a production-operator’s training plan when

the contractor’s employees are required to have newly hired experienced miner

training?

Yes. There is nothing in Part 46 that would prevent an independent contractor

from arranging with the production-operator to have the production-operator

provide training to the independent contractor’s employees. However, the

independent contractor’s plan should clearly indicate that the training for the

independent contractor’s employees will be conducted by the production-

operator. Further, the independent contractor must ensure that the plan approval

requirements are followed with respect to his or her employees.

For example, the independent contractor must provide the miners or their

representative with a copy of the plan at least 2 weeks before the plan is

implemented.

46. Can more than one person be designated by the operator in the training plan as

responsible for health and safety training at the mine?

Yes. We recognize that some operators, particularly those who operate large

facilities, may want the flexibility of having more than one person who can certify

that training has been given under Section 46.3(b)(5). There is nothing in the Part

46 regulations that would prevent an operator from giving this responsibility to

more than one person.

47. If a production-operator has multiple mining operations that are several miles

apart, is it acceptable under Part 46 to have only one person designated as the

person responsible for miner health and safety training at all of the operator's

mines?

Part 46 allows the operator flexibility in making these designations. For example,

it is acceptable if the operator designates only one person as the person

responsible for training at all mines. On the other hand, the operator may choose

to designate a responsible person at each individual mine. In either case, this

person is responsible at each individual mine for ensuring that training is effective

and provided according to the training plan.

48. Can I have one plan that covers multiple mines?

Yes. A training plan can be used for more than one mine. The plan would need to

cover all the appropriate training requirements, including site-specific hazard

awareness training, at each mine listed on the plan.

49. Must the person who is designated as responsible for health and safety training

at the mine also be listed as a "competent person" on the training plan?

No. Part 46 does not require that the person who is designated as responsible for

training also be a "competent person" for training purposes.

50. Is the person who is designated as responsible for training at the mine required

to be a supervisor or manager?

No. However, mine operators and independent contractors must choose someone

who has the authority to verify and certify that the training was effective and done

in accordance with the training plan and the regulations.

51. Must the person who is designated as responsible for training actually observe

the training before he or she certifies the record?

No. However, this person must understand what training is being given, since this

person is ultimately responsible for certifying that the training was completed.

Further, this person is certifying to the fact that the training indicated on the

certification was conducted in accordance with the training plan.

52. Section 46.3(b)(3) requires that the training plan indicate the subject areas to be

covered in the training and the approximate time to be spent on each subject

area. What does “approximate time” mean?

“Approximate time” means the operator’s reasonable estimate of the amount of

time that will be spent on a particular subject. For example, the training plan

could indicate that the course will last over a specified range of time, such as from

one to two hours. The plan could also indicate that training in a particular subject

may last “approximately 3 hours,” recognizing that when the training is actually

given it may require more or less time than is indicated in the training plan. This

flexibility allows for adjustments based on changing mine conditions or operations,

including the needs and experience of the individuals who receive the training.

53. In the regulation, the Section on annual refresher training lists recommended

subjects that could be included in the training. Can I list all of these subjects in

my training plan and select different subjects from this list each year?

No. The training plan needs to accurately represent each subject which you plan

to cover during annual refresher training. As a reminder, if you modify this list,

you must provide the miners' representative, if any, with a copy of the plan at

least 2 weeks before the plan is implemented. If no miners' representative has

been designated, you must post a copy of the plan at the mine or provide a copy

to each miner at least 2 weeks before you implement the training.

54. How should a mine operator evaluate the effectiveness of training?

The rule allows the mine operator to select the method that they will use to decide

if training has been effective. Possible evaluation methods include administering

written or oral tests, or a demonstration by the miner that he or she can perform

all required duties or tasks in a safe and healthful manner.

In addition, periodic work observations can be used to identify areas where

additional training may be needed and such observations, along with feedback

from the miners, could be used to modify and enhance the training program.

55. If MSHA reviews a plan for approval, what are the guidelines for the appropriate

amount of time that should be devoted to each subject?

Part 46 takes a performance-oriented approach to training and provides operators

with flexibility to design training programs that are appropriate for their workforce

and operations. For these reasons, there are no specific requirements as far as

how much time should be spent on training in certain subjects. However, Section

46.3(a) requires that the plan contain “effective” programs for training, and the

time devoted to each subject should be adequate to cover the necessary subject

area. Where the times allotted do not appear to be appropriate for the subjects

listed, we will ask for additional information on the justification for the time

specified. Where the time allotted is clearly inadequate, we will ask for additional

time to be provided.

56. If our plan has been submitted to and approved by MSHA, do we need to send

our plan to MSHA for approval of any subsequent revisions to the plan?

No. Obtaining traditional MSHA approval of your plan does not lock you into

traditional approval procedures thereafter. You may follow the informal plan

approval procedures in Section 46.3(b) rather than request traditional MSHA

approval under Section 46.3(c), even if MSHA has formally approved previous

versions of your training plan.

57. Can miners and miners' representatives simply request that MSHA review an

operator's training plan, or must they give a reason for requesting the review?

Part 46 does not require that miners or their representatives provide a reason

before they request MSHA review of an operator's plan.

58. What do the regulations require in an approved training plan?

A training plan must address all the elements of training that miners must receive.

This includes new miner training, newly hired experienced miner training, annual

refresher training, new task training, and site-specific hazard awareness training

for those persons coming onto your site. The plan must also include the following:

1. The name of your operation, and the mine ID number or independent

contractor ID number (if the contractor has an ID number);

2. The name of the person and position of the person who is responsible for the

health and safety training at the mine;

3. A general description of the teaching methods and course materials that will

be used in each training program, including the subjects and the approximate

time to be spent on each subject;

4. A list of the persons and/or organizations who will be providing the training

and the subjects that they can teach; and

5. The evaluation procedures used to determine the effectiveness of training.

59. Is the training plan required to list the name of a person who will provide only

one type of task training — as an example, someone who only provides task

training for a dozer operator?

Yes. The training plan must include the “competent person” who will instruct in all

subjects, including the name of the person who will provide only one type of task

training. It is acceptable to indicate the names of several potential instructors for

one subject or course, where the operator may call on one of several competent

persons to provide the training.

60. When is a training plan required to be revised?

Part 46 does not set a specific time period for plan revision. However, the training

plan must provide accurate and up-to-date information about the details of an

operator’s training programs.

For example, if you add a new task, add a new competent person, or change some

of the subjects in annual refresher training, then your training plan must be

revised. Additionally, Section 46.3(j) requires operators to comply with the Part 46

plan approval procedures, including sharing the plan with miners or their

representatives, whenever the training plan undergoes revisions.

61. Section 46.3(i) requires a copy of the training plan to be produced within one

business day of a request by us or the miners or their representatives. How long

is “one business day”?

If we request that an operator produce a training plan for examination on Tuesday

at 1:00 p.m., the deadline for producing the plan would be 1:00 p.m. on

Wednesday. If we request that an operator produce a plan at 2:00 p.m. on Friday

at a mine that does not operate over the weekend, the deadline for producing the

plan would be 2:00 p.m. on Monday.

Section 46.4 Training Plan Implementation

62. Do informal safety and health meetings have to last a certain length of time

before they can be credited toward new miner training, newly hired experienced

miner training, or annual refresher training?

No. Part 46 does not impose a minimum duration for training sessions. However,

Part 46 training must be documented in accordance with the requirements of

Section 46.9 for records of training. This Section requires a record showing the

printed full name of the person trained; the type of training; the duration of

training; the date the training was received; and the name of the competent

person who provided the training. Only the portion of the session actually spent in

training can be included when indicating the duration of the training.

For example, when 10 minutes of a work crew’s normal 15-minute weekly safety

meeting is devoted to training, the 10 minutes can be recorded and credited

toward required training. You cannot count the time spent before a training

session begins when the miners are assembling and socializing.

63. Can miners at similar mining operations receive their mandatory training

together?

Yes. The requirements of Part 46 would not prohibit miners at similar mining

operations from receiving training at the same time, so long as the training

complies with all applicable requirements of Part 46.

Many subjects, such as miners’ rights, recognition and avoidance of electrical

hazards, and first aid, are common to different operations. Other subjects, such as

introduction to the work environment, traffic patterns and controls, task training,

escape and emergency evacuation plans, are specific to each mine site and would

have to be addressed separately.

64. My mine is very small, and I just don’t have the personnel to conduct the

training. Are there other organizations that I can go to?

Yes. There are many organizations capable of providing training. Forty-four states

and the Navajo Nation receive grants from us and have been providing training to

small mine operators for many years. These grant programs are a resource for

training and can help in developing your plans. A list of the grantees can be found

through our homepage at www.msha.gov. Click on the tab on the right side of the

screen for “Education & Training Resources,” and then click on “State Grant

Program.” However, these organizations do not generally provide “site-specific”

or “task” training. An operator or contractor must still develop or adopt a plan

that addresses the hazards at the mine and fits the needs of their miners.

65. Can training that is given to satisfy OSHA requirements, such as hazard

communication training, be credited as part of the annual refresher training

under Section 46.8?

You may substitute health and safety training required by OSHA or other federal or

state agencies to meet Part 46 requirements. The training must be relevant to the

subjects required under Part 46, and documented accordingly.

66. Section 46.4(a)(3) requires that training be presented in a language understood

by the miners who are receiving the training. Does this mean that if you have an

employee who speaks and understands little or no English, the training must be

presented in a language the employee can understand?

Yes. If the employee is not fluent in English, training must be given in a language

the employee understands. Our concern is that employees who are not

sufficiently fluent in English will not be effectively trained if the training is in

English.

67. Does the requirement that training be presented in a language understood by

the miners who are receiving the training apply to site-specific hazard awareness

training?

Yes. In addition, if warning signs at the mine serve as a component of the site-

specific hazard awareness training, the signs must be in a language or languages

that are understood by the persons who come onto the mine site.

68. If a competent person is providing training to a group, and some individuals are

not fluent in English, is it permissible to use a person who is not a competent

person as a translator?

Yes. The translator would not need to be a "competent person" under the Part 46

definition. However, when using a translator, the operator or contractor should

ensure the translator has the ability to translate the information accurately and

completely. Further, the translator should be familiar with the subject and

terminology in the language being translated, not just in English.

69. If a company uses a computer-based training (CBT) program for their Part 46

training, who is considered the competent person?

While we encourage the use of innovative training methods, Part 46 requires that

a “competent person” oversee the training. This would not necessarily require

that the competent person be in the room at all times, but would require

monitoring the student’s progress to ensure the training was effective and

completed.

70. If a company uses a computer-based training (CBT) program for their Part 46

training, what are the monitoring requirements of the competent person?

We consider computer-based or other interactive training technologies to be

training "methods," to be used by a competent person effectively and

appropriately. This would not necessarily require that the competent person be in

the room at all times; however, the competent person must be available to

evaluate the trainees’ progress and answer questions as they arise.

Section 46.5 New Miner Training

71. What training is required for a person who has only received the initial 4 hours

of new miner training, does not have the required 12 months of mining or

equivalent experience, and goes to work at another mine?

To be considered an experienced miner under Part 46, a person must have

completed 24 hours of new miner training and have a total of 12 months of mining

or equivalent experience. A person who only received the initial 4 hours of

training as defined in Section 46.5(b), must receive new miner training at

subsequent mines.

As an example, a person receiving the initial 4 hours of training at a mine, and who

works for 3 weeks, is not considered an experienced miner. Since this person only

has 3 weeks of mining or equivalent experience and 4 hours of training, this

person must receive the initial 4 hours of training at the next mine where he or

she is employed. As a reminder, you may use relevant training under Part 48

standards, the Occupational Safety and Health Administration (OSHA), or other

federal or state agencies to meet the training requirements of Part 46.

72. What courses are mandatory in new miner training?

There are 9 mandatory subjects. Before a new miner begins work, he or she must

receive a minimum of 4 hours of training in the following 7 subjects, which must

also address site-specific hazards:

1. An introduction to the work environment, including a visit and tour of the

mine, or portions of the mine that are representative of the entire mine

(walk around training). The method of mining or operation utilized must be

explained and observed;

2. Instruction on the recognition and avoidance of electrical hazards and other

hazards present at the mine, such as traffic patterns and control, mobile

equipment (e.g., haul trucks and front-end loaders), and loose or unstable

ground conditions;

3. A review of the emergency medical procedures, escape and emergency

evacuation plans in effect at the mine, and instruction on the firewarning

signals and firefighting procedures;

4. Instruction on the health and safety aspects of the tasks to be assigned,

including the safe work procedures of such tasks, and the mandatory health

and safety standards pertinent to such tasks;

5. Instruction on the statutory rights of miners and their representatives under

the Act;

6. A review and description of the line of authority of supervisors and miners'

representatives and the responsibilities of such supervisors and miners'

representatives; and

7. An introduction to your rules and procedures for reporting hazards.

A new miner must receive instruction in the following subjects, no later than 60

days after beginning work —

8. Instruction and demonstration on the use, care, and maintenance of self-

rescue and respiratory devices, if used at the mine; and

9. A review of first aid methods.

73. Section 46.5 requires new miners to receive training in specific subjects within

60 days of beginning work, and also requires that new miners receive all 24

hours of the required training within 90 days. Are these deadlines measured in

calendar days or working days?

Both the 60-day and 90-day periods prescribed by Part 46 are calendar days.

74. How much of new miner training must be in a classroom environment?

Part 46 does not specifically require that any portion of new miner training be

presented in a classroom environment. Section 46.4(d) provides that 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. The most effective

training will probably include a variety of methods.

75. How much of the 24 hours of new miner training can be devoted to training on

the health and safety aspects of new tasks?

Part 46 leaves discretion to the production-operator and independent contractor

to determine the appropriate amount of time to be spent on this aspect of

training. Although Part 46 does not specify the amount of time that must be

devoted to particular subjects, all required subjects must be adequately covered.

In some cases, a substantial amount of time may be devoted to training a new

miner in the health and safety aspects of new tasks, if he or she has little or no

previous experience. In other cases, the time spent on health or safety aspects of

new tasks may be less.

76. Miners who have not completed the 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. Does this mean one-on-one?

No. However, the experienced miner needs to be in a position to be able to

appropriately observe the new miner’s job performance. In some cases, the

experienced miner may also be the “competent person” designated to conduct the

training.

77. Section 46.5(e) requires that new miners be under the “close observation” of a

competent person when practicing as part of the health and safety aspects of an

assigned task. What does “close observation” mean?

“Close observation” means that the competent person must have the ability to

observe a new miner’s work practices during task training ensuring the miner is

not jeopardizing his or her own health and safety or the health and safety of

others. We do not mean that the competent person must completely abandon

his or her normal duties, as long as the competent person can adequately

monitor the work practice. However, in some situations, the competent person

may have to cease normal work duties to ensure that this performance-based

standard is met.

78. Is a new miner, who has not completed 24 hours of training, required to work

under the close observation of a competent person after receiving training on a

specific task?

No. If the training is completed for the specific task, the miner no longer needs to

be under the close observation of a competent person. However, since the miner

has not completed the 24 hours of “New Miner Training,” the miner is required to

work where an experienced miner can observe his or her work practices until the

24 hours of training is completed.

79. We have pieces of mobile equipment that only have a place for the equipment

operator, and no space for a passenger. How can a competent person "closely

observe" a miner who is being trained in the health and safety aspects of

operating that piece of equipment?

When available, the passenger seat is the best location for a competent person

providing training to a miner in safe operation of the equipment. However, when

a passenger seat is not available, the competent person should be positioned in a

safe location in close proximity to the equipment being operated. The competent

person should closely observe and monitor the miner's actions from that location.

80. If new miners receive hands-on training in the jobs they will be performing, can

the time spent on this training be counted toward the 24 hours of training

required for new miners under Section 46.5?

Yes. Part 46 allows practice under the "close observation of a competent person"

to be used to fulfill the requirements for training on the health and safety aspects

of assigned tasks required for new miners under Section 46.5(b)(4). Hazard

recognition training specific to the assigned task must be given before the miner

performs the task. The time spent in training may be credited toward the 24 hours

of required new miner training.

81. Am I required to use an approved/certified first aid instructor to teach a review

of first aid methods under Section 46.5(b)?

No. The review of first aid methods for new miners under Part 46 does not

require comprehensive first aid training; however, the training must be

conducted by a competent person.

82. What constitutes a “review of first aid methods?” What must this review

include to comply with the requirement?

Consistent with the performance-oriented approach taken in the rule, Part 46

does not specify what areas must be covered as part of this review. However, it

would be appropriate to address basic first aid techniques as part of the review.

Compliance with this requirement does not require you to hire an approved first

aid instructor or obtain first aid teaching equipment. This review is not a

substitute for the first aid requirements in 56.18010 “first-aid.”

83. I am an independent contractor with employees who are required to have 24

hours of new miner training under Part 46. Is it acceptable for me to provide the

24 hours of training at my own facility, or must I provide some of the training on

a mine property where my employees will be working?

Part 46 does not require an independent contractor to provide its employees

with any of the 24 hours of new miner training on mine property. However,

when an employee of an independent contractor goes to a mine site, he or she

must receive appropriate site-specific hazard awareness training applicable to

the miner’s exposure to mine hazards. This site-specific hazard awareness

training could include site-specific health and safety risks, such as 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.

Section 46.6 Newly Hired Experienced Miner Training

84. Who is an experienced miner under Part 46?

The definition of “experienced miner” under Section 46.2 includes —

1. A person who is employed as a miner on April 14, 1999; or

2. A person who has at least 12 months of cumulative surface mining or

equivalent experience on or before October 2, 2000; or

3. A person who began employment as a miner after April 14, 1999, but before

October 2, 2000, and who has received new surface miner training under

Part 48 or new miner training under the Part 46 proposed requirements; or

4. A person who began employment as a miner on or after October 2, 2000,

who has completed new miner training under Part 46 or new surface miner

training under Part 48, and who also has at least 12 months of cumulative

mining or equivalent experience.

85. What subjects are required for newly hired experienced miner training?

Section 46.6(b) requires that newly hired experienced miners receive training in

the following 7 subjects before the miner begins work at the mine —

1. An introduction to the work environment, including a visit and tour of the

mine, or portions of the mine that are representative of the entire mine

(walk around training). The method of mining or operation utilized must be

explained and observed;

2. Instruction on the recognition and avoidance of electrical hazards and other

hazards present at the mine, such as traffic patterns and control, mobile

equipment (e.g., haul trucks and front-end loaders), and loose or unstable

ground conditions;

3. A review of the emergency medical procedures, escape and emergency

evacuation plans, in effect at the mine, and instruction on the firewarning

signals and firefighting procedures;

4. Instruction on the health and safety aspects of the tasks to be assigned,

including the safe work procedures of such tasks, and the mandatory health

and safety standards pertinent to such tasks;

5. Instruction on the statutory rights of miners and their representatives under

the Act;

6. A review and description of the line of authority of supervisors and miners'

representatives and the responsibilities of such supervisors and miners'

representatives; and

7. An introduction to your rules and procedures for reporting hazards.

No later than 60 days after the miner begins work:

8. You must also provide the miner with an instruction and demonstration on

the use, care, and maintenance of self-rescue and respiratory devices, if used

at the mine,

86. How much time do I need to spend training a newly hired experienced miner?

Part 46 does not specify a minimum length of time that must be devoted to this

training. The duration of the training needed by a newly hired experienced

miner depends on the occupational experience of the miner, the work duties

that the miner will perform, and the methods of mining and workplace

conditions at the mine where the miner will be working. In all cases, the 7

subjects listed in Part 46.6(b) must be covered before assigning the miner to

work.

87. If I hire a person, what kind of proof is necessary to determine if that person is

an experienced miner?

We do not require documentation. However, you need to make a reasonable

effort to justify previous experience. This may include talking to previous

employers, reviewing a resume’, pay records, certificate of training records, etc.

Section 46.7 New Task Training

88. How much time is required to train a miner in a new task?

Part 46 does not specify the amount of time that must be spent on specific areas

of training. The performance-oriented approach of Part 46 allows for the needs

of individual miners to be taken into account when determining the amount of

time for particular aspects of training, including new task training. A reasonable

amount of time must be allotted for training in each task, based on the individual

needs of the miner and the complexity of the assigned task.

89. If an experienced miner was trained on a Caterpillar D8, and is then assigned to

operate a similar piece of equipment made by Komatsu, is he or she required to

receive new task training on the new piece of equipment?

Yes. Although there may be similarities among different types of equipment,

each type of equipment has unique operational characteristics. Miners must be

trained on the unique characteristics of each piece of equipment that they are

assigned to operate.

90. Under Part 46 must the written plan address each specific task training subject?

Section 46.3 requires that the training plan include a list of the tasks, general

description of the teaching methods and course materials that are to be used in

the training program, and the approximate time or range of time to be spent on

each subject area. Additionally, the plan must also contain a description of the

evaluation procedures used to determine the effectiveness of the training.

91. Do I need to list the time spent conducting task training on the certificate of

training form?

Yes. Section 46.9(b)(3) requires the duration of training be listed on the

certificate of training form for each type of training.

92. Can task training be a part of new miner training?

Yes, although it has a slightly different name. New miners must receive

instruction on the health and safety aspects of the tasks to be assigned, including

the safe work procedures of such tasks, and the mandatory health and safety

standards pertinent to such tasks. The training should be recorded appropriately

at the completion of training.

93. Can hands-on training be used to complete task training?

The regulation provides that; “practice under the close observation of a

competent person may be used to fulfill the requirement for task training.”

While training under close observation may be done in a production mode,

emphasis should be placed on the training and not the production.

94. Does task training have to be recorded and certified each time you train an

employee in a specific task?

A “record” of task training must be made at the completion of each task training.

The training must be “certified” at least once every 12 months, or upon request

by the trained miner. [46.9(c)(3) & 46.9(d)(3)]

Section 46.8 Annual Refresher Training

95. I understand that I must provide my current workers with annual refresher

training; do I have until October 2001 to complete that training?

No. Any of your miners who have not been receiving regular refresher training

must receive 8 hours of annual refresher training by March 30, 2001 or no later

than 12 months after the miner begins work at the mine, whichever is later.

Thereafter, no later than 12 months after the previous annual refresher training

was completed. [46.8(a)(1-2)]

96. How much refresher training must I give my employees each year?

Part 46 specifies a minimum of 8 hours each year. The subjects to be addressed

and the length of each session is up to you, as long as you address any changes,

such as new procedures, new mining equipment, or new health hazards that

could affect the health and safety of the miners. If you want to provide the

annual training in a single 8-hour session every year, that is acceptable. If you

would rather provide your miners’ refresher training in smaller blocks of time,

such as weekly toolbox talks that is acceptable, too. The total training time must

add up to at least 8 hours.

97. What subjects must be covered as part of annual refresher training?

Section 46.8 requires that annual refresher training include instruction on

changes at the mine that could adversely affect the miners’ health or safety. In

addition, refresher training must also address other health and safety subjects

that are relevant to mining operations at the mine. Section 46.8 includes an

extensive list of recommended subjects for refresher training. The flexibility of

the performance-based approach of Part 46 allows production-operators and

independent contractors to determine the subjects to be covered in annual

refresher training based on the needs of their workforce and their operations.

98. Must the subjects that will be covered in annual refresher training be included in

the training plan?

Yes. The training plan must identify the subject areas to be covered and the

approximate time to be spent on each subject area.

99. Is it possible to provide annual refresher training that satisfies both Part 46 and

Part 48 requirements?

Yes. You can design your annual refresher training program to satisfy the

requirements of both Part 48 and Part 46. You should be aware that there are

several differences in refresher training requirements for these two regulations.

For example, Part 48 requires that training sessions last a minimum of 30

minutes; Part 46 does not. Part 48 specifies a number of required subjects.

Finally, Part 48 requires that training be conducted by MSHA-approved

instructors. Part 46 does not require an MSHA-approved instructor to provide

training, but rather provides that training must be given by a competent person,

who has been designated by the production-operator or independent

contractor.

100. Are training anniversary dates for annual refresher training tracked by the day

the training is completed or by the month?

By the month. For example, if a miner completed annual refresher training some

time in February, the next annual refresher training must be completed by the

end of the following February.

Section 46.9 Records of Training

101. Part 46 requires that operators record and certify the training that miners

receive. What does this mean?

Recording means creating a written record of the training. The record must

include:

1. Full name of the person trained;

2. Type of training;

3. Duration of training;

4. Date the training was received;

5. Name of the competent person who provided the training;

6. Name of mine or independent contractor;

7. MSHA mine identification or independent contractor number (if

applicable); and

8. Location of training (if an institution, the name and address of institution).

For clarification purposes, the following additional information has been provided. As

per 46.9 (b)(5) and (e) and the Program Policy Letter No. P16-III-1, the following is also

required:

9. The statement “False certification is punishable under Section 110 (a) and

(f) of the Federal Mine Safety and Health Act,” printed in bold letters and

in a conspicuous manner; and

10. 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.”

Certifying means verifying, by signature, that the training listed on the written

record was completed as indicated on the form. Part 46 requires that this

certification be done by the person who has been designated by the operator as

responsible for health and safety training at the mine and whose name appears

on the training plan. Certifying is required at the completion of training, such as

at the end of the 24 hours of new miner training.

102. When do training records need to be certified?

Training records must be certified at the completion of new miner training; the

completion of newly hired experienced miner training; the completion of 8 hours

of annual refresher training; and least once every 12 months for new task

training or upon request by the miner; and the completion of site-specific hazard

awareness training for miners.

103. Do the records of training have to be kept on a Certificate of Training Form

(MSHA Form 5000-23)?

No. Training records and certificates may be maintained in any format that you

choose, provided that it contains the information listed in Section 46.9(b). We

have developed a sample form which you may use. You may also use a

“Certificate of Training Form” (MSHA Form 5000-23) if you wish. Use of either of

these forms is voluntary. Both of these (5000-23, sample forms) are available

from MSHA’s Internet Home Page (www.msha.gov), from MSHA’s Educational

Field Services Division, or from MSHA District and Field offices.

104. If I provide my employees with both Part 46 and Part 48 annual refresher

training at the same time, do I have to keep two sets of training records?

Part 46 allows the use of the MSHA Certificate of Training form (Form 5000-23),

which is used to document and certify training conducted under Part 48.

However, Part 46 requires additional information not collected on Form 5000-

23: 1) the duration of the training; 2) the name of the competent person who

provided the training; and 3) indicate it is Part 46 training. Part 46 also requires

that the person designated to be responsible for the health and safety training at

the mine, as listed on the Part 46 training plan, sign certifying the certificate. If

you wish to keep one set of training records to comply with both sets of

regulations, you should use Form 5000-23, and include the additional

information required by Part 46 on the form.

105. If one competent person conducted training in one subject and another

conducted training in another subject (e.g., first aid), are the names of each

subject and competent person required to be recorded?

Yes. Under Section 46.9(b), the records of training must include the name of the

competent person who provided the training. If more than one competent

person provided the training, the names of all persons must be included.

106. Is it acceptable to list more than one miner on a record or certificate of

training?

Yes. Part 46 allows operators flexibility in choosing the appropriate form for

records of training, provided that the form used includes the minimum

information specified in Section 46.9(b)(1) through (b)(5).

107. Section 46.9(b) requires that the training certificate indicate the “location of

training.” What does “location of training” mean?

“Location of training” means the site where the training was provided. If training

was given at the mine site, the record should indicate this. If training was given

at a local community college, the training record should list the name and

address of the community college.

108. Who is responsible for certifying that training has been completed?

The person who has been designated by the operator or independent contractor

as responsible for health and safety training is required to certify, by signature,

that training has been completed. This should not be confused with the

“competent person” who conducts the training. For example, a state, vocational

school, or cooperative instructor, listed in a training plan, may conduct the

training and be recorded as the competent person for each subject they teach.

The person who is designated as the person responsible for Part 46, as indicated

on the training plan, must certify that the training was completed.

109. Are these records required to be made available to MSHA?

Yes. 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. This includes both certified training records and records

that have not yet been certified.

110. Are training records required to be maintained on the mine site?

Part 46 requires that training records and certificates be "available" for

inspection by MSHA and by miners and their representatives. This means that if

you do not physically keep these records at the mine site, you must be able to

quickly produce them upon request, such as by having them sent from another

location via fax machine or computer. Records that are certified need to be

presented with a signature of the person responsible for health and safety

training.

111. Why is there a difference in the time required to make a training plan available

for inspection and the time required to make training certificates available for

inspection?

Training plans must be made available within one business day, but training

records, and certificates with the signature of the person responsible for health

and safety training must be made available before inspection activity at the mine

concludes for the day. The reason for the difference is a matter of urgency. If a

miner is untrained or improperly trained, it is a hazard to the miner and to other

miners. You must make the training records and certificates available to the

inspector at the mine site. The inspector may choose, as a matter of

convenience, to inspect the records at the office or location where the records

are maintained or have them faxed to an MSHA office for his or her inspection

that day.

112. Are new miners required to keep copies of their training certificates on their

person for inspection by MSHA personnel?

No. Production-operators and independent contractors, not miners, are

responsible for making and maintaining required miner training records and

certificates, and producing the records and certificates upon request by MSHA or

by miners or their representatives.

113. Are training certificates required for people who are not considered miners

under Part 46?

No. You are not required to make records of site-specific hazard awareness

training for persons who are not miners under Section 46.2. However, you must

be able to provide evidence to us, upon request, that the training was provided.

This evidence may include the training materials used, including appropriate

warning signs, written information distributed to persons, or a visitor log book

that reflects that site-specific hazard awareness training has been given.

Section 46.10 Compensation for Training

114. How much must miners be compensated while they take training?

Training under Part 46 must be conducted during normal working hours, and the

miner must receive the same rate of pay he or she would have received if

performing normal tasks at that time/day.

115. If a miner works 5 days and is paid an overtime rate on Saturday, does Part 46

require the miner to be paid an overtime rate for training that takes place on

Saturday?

Yes. The miner must receive his or her normal rate of pay for time spent

receiving training. This means that if a miner is paid at time and a half for

working on Saturday, the miner must be paid at that same rate for receiving

training on Saturday.

Section 46.11 Site-Specific Hazard Awareness Training

116. What options do I have in delivering site-specific hazard awareness training?

Part 46 provides that site-specific hazard awareness training may be provided

through the use of written hazard warnings, oral instruction, signs and posted

warnings, walkaround training, or other appropriate means that alert affected

persons to site-specific hazards at the mine. Part 46 allows you the flexibility to

tailor your hazard awareness training to the specific conditions and practices at

your mine. In many cases, an effective site-specific hazard awareness training

program will include a combination of different types of training. The training

must be sufficient to alert affected persons to site-specific hazards.

117. Is the requirement to "ensure" independent contractors receive site-specific

hazard awareness training a strict liability standard?

Yes. Section 46.12(a)(1) establishes that the production-operator has primary

responsibility for ensuring that Site-Specific Hazard Awareness training is given

to employees of independent contractors, while Section 46.12(b)(1) establishes

that each independent contractor who employs a miner under this Part has

primary responsibility for complying with other required training. MSHA views

Section 46.12 as a regulatory indication of whom the agency will cite for training

violations under ordinary circumstances. Both the production-operator and the

independent contractor share the responsibility that all miners receive all

required training, and in extraordinary circumstances, MSHA may determine that

both the production-operator and the independent contractor should be held

liable for training violations.

118. Who is responsible for providing required site-specific hazard awareness

training to employees of independent contractors?

Each production-operator is primarily responsible for ensuring that employees of

independent contractors receive site-specific hazard awareness training. This

means that production-operators must ensure that the training has been given,

although they do not need to provide the training themselves. Production-

operators may provide independent contractors with site-specific hazard

awareness information or training materials and arrange for the independent

contractors to provide the training to the contractors' employees.

119. How often must a person receive site-specific hazard awareness training?

Annually? Once every 2 years?

A person requiring site-specific hazard training must receive this training prior to

going on the mine property. Beyond that, Part 46 does not require that a person

receive site-specific hazard awareness training at specific intervals. Part 46

requires that the training be sufficient to alert persons to the hazards they will

encounter at the mine. This means that there may be cases where a person

should receive additional site-specific hazard awareness training.

For example, if a person is away from the mine site for a period of time, it would

be prudent to provide that person with refresher site-specific training.

Additionally, if conditions at the mine undergo some change, some form of site-

specific hazard awareness training must be given to alert persons of these

changes.

120. Is a record of training required for a non-miner who receives site-specific

hazard awareness training?

No. A training record is not required for non-miners who receive site-specific

hazard awareness training. However, you must be able to provide evidence to

MSHA, upon request, that the training was provided, such as by indicating the

training materials that are used; providing copies of written information

distributed to persons upon their arrival at the mine; or providing visitor log

books that indicate that training has been provided.

121. If warning signs are used to provide site-specific hazard awareness training, is

the training required to be recorded for each person the sign is intended for?

No. Section 46.9(i) provides that records of site-specific hazard awareness

training are not required for persons who are not “miners” under Section 46.2.

However, you must be able to provide evidence to MSHA, upon request, that the

training was provided. This evidence could include training materials that are

used; copies of written information distributed to persons upon their arrival at

the mine; appropriate warning signs; or visitor log books that indicate that

training was provided.

122. Section 46.11(b)(6) provides that maintenance and service workers who do not

work at a mine site for “frequent and extended periods” are required to

receive site-specific hazard awareness training. What constitutes “frequent or

extended periods”?

“Frequent” exposure is a pattern of exposure to hazards at mining operations

occurring intermittently and repeatedly over time. “Extended” exposure means

exposure to hazards at mining operations of more than five consecutive work

days.

123. What type of training is required for independent contractors who perform

construction work on a mine property, but who are not actively engaged in

mining operations?

Construction workers who are not exposed to hazards of mining operations as

defined in Section 46.2(h) are required to receive site-specific hazard awareness

training.

Section 46.12 Responsibility for Independent Contractor Training

124. Can a production-operator require an independent contractor to conduct site-

specific hazard awareness training?

Under Section 46.12, production-operators have the primary responsibility to

ensure that site-specific hazard awareness training has been given. Consistent

with Section 46.4, production-operators may provide independent contractors

with site-specific hazard awareness information or training materials and

arrange for the contractors to provide the training to the contractors’

employees. However, production-operators retain the primary responsibility of

ensuring that everyone who comes onto mine sites has received the necessary

site-specific hazard awareness training.

125. Are production-operators responsible for looking at contractor plans to see if

they are ok?

No. As it applies to independent contractors, production - operators are not

responsible for looking at an independent contractor’s training plan.

126. As a contractor, do I have to carry records and certificates of all employees

when, for instance, we are called out on an emergency belt replacement?

Yes. Independent contractors who are miners as defined by Part 46 must make

available at the mine site where they are working a copy of each miner’s training

certificate for inspection.

T RAININGPLAN

MSHA’sPart46.3requiresthatyou(production‐operatorsandindependentcontractors)

developandimplementawrittentrainingplan.Thetrainingplanmustincludeeverything

listedin46.3(b)and(c).Therearefivetrainingprogramsthatmustbeaddressedinyour

trainingplan.

1. NewMinerTraining(46.5)

2. NewlyHiredExperiencedMinerTraining(46.6)

3. NewTaskTraining(46.7)

4. AnnualRefresherTraining(46.8)

5. Site‐SpecificHazardAwarenessTraining(46.11)

A blank sample plan has been included.You can also obtain blank plans and guidance

fromyour EFSMS trainingspecialist, or completeone using theForms and OnlineFiling

linkonthewww.msha.govwebsite.

Part 46 Training Plan

Date: ________________

If your company operates more than one mine, there must be one plan for each mine and mine ID number.

Independent contractors should list their three-digit contractor ID number if they have one. Independent

contractors do not need a contractor ID number in order for their plan to be approved.

Company and Mine names [Section 46.3(b)(1)]

MSHA ID # [ __________________ ] or [ _____________ ]

Company Name: [ ]

Address: [ ]

City, State & Code: [ ]

Mine Name: [ ]

The individual responsible for safety and health training at the mine is the person MSHA should contact

regarding training related matters.

Person responsible for health and safety training at the mine (Name and Position)

[Section 46.3(b)(2)]

Name: [ ]

Position/Title: [ ]

Phone Number: [_______________________________________]

E-Mail: [ ]

Optional:

Name: [ ]

Position/Title: [ ]

Phone Number: [_______________________________________]

E-Mail: [ ]

Each training plan must list at least one competent person or organization. The competent person may work for

the company, may be employed by an independent training service, or may be an instructor for a State Grants

Program. If you employ a training organization, you may list the organization name and not the names of each

individual person or instructor. When an organization is listed, all instructors of that organization will be

included by reference and will change as the organization's staffing changes. For each person or organization,

list the subject areas in which they are competent to instruct.

Competent persons or organizations and subject areas each is competent to instruct

[Section 46.3(b)(4)]:

Name(s) Subject(s)/Area(s)

[ ] [ ]

New Miner Training Program (Section 46.5)

Date: _________________

Mine ID # _____________________ Contractor ID _____________

Each new miner will receive no less than 24 hours of training [Section 46.5(a)]. Miners who

have not received the full 24 hours of new miner training will work under the observation of

an experienced miner.

A. Each new miner will receive the following training before the miner begins work. This

training will be no less than 4 hours and will also address site-specific hazards [Section

46.5(b)]:

1. Introduction to work environment [Section 46.5(b)(1)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

2. Recognition and avoidance of electrical hazards and other hazards, such as traffic

patterns and control, mobile equipment, and ground conditions [Section 46.5(b)(2)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Lock Out Devices

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

3. Emergency medical procedures; escape and emergency evacuation plans; firewarning

signals and firefighting procedures [Section 46.5(b)(3)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

New Miner Training Program

4. Health and safety aspects of the tasks to be assigned. Training will include information

about the physical and health hazards of chemicals in the miner's work area, protective

measures a miner can take against these hazards and the contents of the mine’s HazCom

Program. [Section 46.5(b)(4)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ 1977 Mine Act & Regulations

___ Company

___ Vendor /

Manufacturer

___ Company Rules / Policies

___ Communication System

___ MSDS/SDS

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

5. Statutory rights of miners and their representatives [Section 46.5(b)(5)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

New Miner Training Program

6. Authority and responsibilities of supervisors and miners’ representatives

[Section 46.5(b)(6)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

7. Introduction to rules and procedures for reporting hazards [Section 46.5(b)(7)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

New Miner Training Program

B. After each new miner begins work, the miner will receive the following training

within 60 days [Section 46.5(c)].

1. Self-rescue and respiratory devices [Section 46.5(c)(1)]

This subject is: ____ applicable ____ not applicable

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Fit Test

___ Audiovisual

___ Site Tour

___ Computer

___ Other _______________

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

2. First aid [Section 46.5(c)(2)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

New Miner Training Program

C. After each new miner begins work, the miner will receive the balance, if any, of the 24

hours of training on any other subjects that promote occupational health and safety

for miners at the mine within 90 days [Section 46.5(d)].

If other subjects will be taught based on circumstances or conditions at the mine, the Yes

box should be checked and a completed Other Subject(s) page for each attached.

___ Yes ___ No

New Miner Training Program

Mine ID # _____________________ Contractor ID _____________

Section 46.5

C. Other Subject(s)

Subject Title:

[Section 46.5(d)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ 1977 Mine Act & Regulations

___ Company

___ Vendor / Manufacturer

___ Company Rules / Policies

___ Communication System

___ MSDS/SDS

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

New Miner Training Program

Newly-Hired Experienced Miner Training

Program (Section 46.6)

Date: ________________

Mine ID # _____________________ Contractor ID _____________

Each newly-hired experienced miner will receive the following training [Section 46.6(a)]. As

specified below, some of the training will be given before the miner begins work; while the

balance of the required training will be given within 60 days after work begins.

A. Each newly-hired experienced miner will receive the following training before the

miner begins work. This training will also address site-specific hazards [Section

46.6(b)]:

1. Introduction to work environment [Section 46.6(b)(1)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

2. Recognition and avoidance of electrical hazards and other hazards, such as traffic

patterns and control, mobile equipment, and ground conditions [Section 46.6(b)(2)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Lock Out Devices

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

3. Emergency medical procedures; escape and emergency evacuation plans;

firewarning signals and firefighting procedures [Section 46.6(b)(3)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Newly-Hired Experienced Miner Training Program Newly-Hired Experienced Miner Training Program Newly-Hired Experienced Miner Training Program

4. Health and safety aspects of the tasks to be assigned. Training will include information

about the physical and health hazards of chemicals in the miner's work area, protective

measures a miner can take against these hazards and the contents of the mine’s HazCom

Program. [Section 46.6(b)(4)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ 1977 Mine Act & Regulations

___ Company

___ Vendor / Manufacturer

___ Company Rules / Policies

___ Communication System

___ MSDS/SDS

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

5. Statutory rights of miners and their representatives [Section 46.6(b)(5)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Newly-Hired Experienced Miner Training Program

6. Authority and responsibilities of supervisors and miners representatives

[Section 46.6(b)(6)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

7. Introduction to rules and procedures for reporting hazards [Section 46.6(b)(7)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Company Rules / Policies

___ 1977 Mine Act

___ Communication System

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Newly-Hired Experienced Miner Training Program

B. After each newly-hired experienced miner begins work, the miner will receive the

following training within 60 days [Section 46.6(c)].

1. Self-rescue and respiratory devices [Section 46.6(c)(1)]

This subject is: ____ applicable ____ not applicable

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Fit Test

___ Computer

___ Other _______________

Course Training Materials:

___ MSHA

___ Checklist(s)

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Respiratory Devices

___ Company Rules / Policies

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

C. Training may address any other subjects that promote occupational health and safety

for miners [Section 46.6(e)].

If other subjects will be taught based on circumstances or conditions at the mine, the Yes

box should be checked and a completed Other Subject(s) page for each attached.

____ Yes ____ No

D. When a newly-hired experienced miner returns to the same mine following an absence

of 12 months or less, the miner will receive 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 will be given before the miner begins work at the mine. If the

miner missed any part of annual refresher training under Section 46.8 during the

absence, the missed training will be given within 90 days after the miner begins work

at the mine [Section 46.6(f)].

Newly-Hired Experienced Miner Training Program

Mine ID # _____________________ Contractor ID _____________

Section 46.6

C. Other Subject(s)

Subject Title:

[Section 46.6(e)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Checklist(s)

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Newly-Hired Experienced Miner Training Program

New Task Training Program (Section 46.7)

Date: __________________

Mine ID # _____________________ Contractor ID _____________

Each miner who is assigned to a new task in which he or she has no previous work experience will be

trained in the health and safety aspects and safe work procedures specific to that new task. This

training will be provided before the miner performs the new task. If a change occurs in a miner's

assigned task that affects the health and safety risks encountered by the miner, the miner will be

given training that addresses the change. Practice under close observation of a competent person

may be used to fulfill the requirement for task training under this section. Also HazCom training

will be provided when a new chemical hazard is introduced into a miner's work area and when an

existing chemical is found to possess a new hazard. [Section 46.7(d)].

A. Each miner who is assigned to a new task will be trained in the health and safety

aspects and safe work procedures of that new task, before the miner performs the new

task. Training will include information about the physical and health hazards of chemicals in

the miner's work area, protective measures a miner can take against these hazards and the

contents of the mine’s HazCom Program. [Section 46.7(a)]. (Each task that will require

training is specified below. The competent person who will provide the training is listed in the

General Information section.)

1. Health and safety aspects and safe work procedures of the new task

Specify the task: [ ]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Practice under Close Supervision

___ Discussion

___ Demonstration

___ Audiovisual

___ Site Tour

___ Computer

___ Other _______________

Course Training Materials:

___ Checklist(s)

___ Applicable Regulations

___ Other _______________

___ MSHA and/or Company

___ MSDS/SDS

___ Vendor / Manufacturer

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Mine ID # _____________________ Contractor ID _____________

Section 46.7

A. Other Task(s)

Health and safety aspects and safe work procedures of the new task

Training will include information about the physical and health hazards of chemicals in the miner's

work area, protective measures a miner can take against these hazards and the contents of the mine’s

HazCom Program. [Section 46.7(a)]. (Each task that will require training is specified below. The

competent person who will provide the training is listed in the General Information section.)

Specify the task:

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Practice under Close Supervision

___ Discussion

___ Demonstration

___ Audiovisual

___ Site Tour

___ Computer

___ Other _______________

Course Training Materials:

___ Checklist(s)

___ Applicable Regulations

___ Other _______________

___ MSHA and/or Company

___ MSDS/SDS

___ Vendor / Manufacturer

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

NOTE: The approximate time, teaching methods, course materials, and evaluation

procedures listed above are for each task on the attached Task List.

New Task Training Program

See attached Task list and the NOTE below.

Annual Refresher Training Program (Section 46.8)

Date: _____________

Mine ID # _____________________ Contractor ID _____________

Each miner will receive a minimum of 8 hours of annual refresher training at least once every 12

months [Section 46.8(a)]. The training will include instruction on changes at the mine that could

adversely affect the miner’s health or safety. The refresher training will also address other health

and safety subjects relevant to the mine.

A. Each miner will receive the following training [Section 46.8(b)]

1. Changes at the mine that affect the miner's health or safety

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ Checklist(s)

___ Applicable Regulations

___ Other _______________

___ MSHA and/or Company

___ MSDS/SDS

___ Vendor / Manufacturer

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

B. Miners will also receive training in the following recommended subjects and for

hazards that have accounted for the most fatalities and injuries at the mine, where

appropriate. [Section 46.8(c)]

If any of the recommended subjects will be taught at the mine, "Yes" should be checked

and a completed Recommended Subject(s) page attached.

___ Yes ___ No

If other subjects will be taught based on circumstances or conditions at the mine, "Yes" should

be checked and a completed Other Subject(s) page for each attached.

___ Yes ___ No

Mine ID # _____________________ Contractor ID _____________

Section 46.8 - Recommended Subject(s) (Check all applicable subjects from the

following:) NOTE: The approximate time, teaching methods, course materials, and evaluation

procedures listed below are for each subject marked.

___ Applicable health and safety requirements, including mandatory standards

___ 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

___ Respiratory devices

___ Mobile equipment; conveyor systems; cranes; crushers; excavators; and dredges

___ Maintenance and repair; material handling; fall prevention and protection; and working

around moving objects

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ MSHA

___ Checklist(s)

___ Company

___ Applicable Regulations

___ Vendor / Manufacturer

___ Other _______________

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

NOTE: The approximate time, teaching methods, course materials, and evaluation

procedures listed above are for each subject marked at the top of this page.

Annual Refresher Training Program

Mine ID # _____________________ Contractor ID _____________

Section 46.8

Other Subject(s)

Subject Title:

[Section 46.8(c)]

Approximate Time(s):

____ hours ____ minutes

to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ Checklist(s)

___ Applicable Regulations

___ Other _______________

___ MSHA and/or Company

___ MSDS/SDS

___ Vendor / Manufacturer

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Annual Refresher Training Program

Hazard Awareness Training Program

(Section 46.11)

Date: ________________

Mine ID # _____________________ Contractor ID _____________

Site-specific hazard awareness training will be given before any person specified under this

section is exposed to mine hazards [Section 46.11(a)].

This training will be given to any person who is not a miner as defined by Section 46.2 but is

present at the mine site. Such persons may include, but are not limited to, office personnel,

delivery workers, and customers [Section 46.11(b)]. This training will also be provided to

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 [Section

46.11(c)].

Site-specific hazard awareness training is not required for any person who is accompanied at

all times by an experienced miner who is familiar with hazards specific to the mine [Section

46.11(f)].

The production-operator has primary responsibility for ensuring that hazard awareness

training is given to employees of independent contractors who are required to receive that

training. The production-operator will provide information to each independent contractor

who employs a person at the mine on site-specific mine hazards [Section 46.12(a)].

Each independent contractor who employs a miner (as defined in Section 46.2) at the mine

has primary responsibility for providing new miner training, newly-hired experienced miner

training, new task training, and annual refresher training. Independent contractors will

inform the production-operator of any hazards contractors may create by the performance

of their work at the mine [Section 46.12(b)].

Contractors typically do not teach this program. In which case, they should check the box

indicating this program is not applicable to them.

Training will be provided to customers and those 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. Training will address site-specific health and safety

risks to which they are exposed. [Section 46.11]

Independent contractors who will be receiving hazard awareness training from the production-operator and will

not need to provide this training to their own employees or employees of other independent contractors are not

required to complete this section of the training plan.

Contractors may check here when this part is: ______ not applicable.

Hazards a person or miner may be exposed to while at the mine, including applicable

emergency procedures and/or these:

____ Unique geologic or environmental conditions

____ Recognition and avoidance of hazards such as electrical hazards

____ Powered haulage hazards

____ Traffic patterns and control, and restricted areas

____ Warning and evacuation signals

____ Evacuation and emergency procedures

____ Other special safety procedures

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ Checklist(s)

___ Signs and Posted Warnings

___ Applicable Regulations

___ MSHA and/or Company

___ MSDS/SDS

___ Vendor / Manufacturer

___ Company Rules / Policies

___ Other _______________

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

If other subjects will be taught based on circumstances or conditions at the mine or to cover

site-specific health and safety risks at the mine, the Yes box is checked and a completed

Other Subject page for each is attached. ___ Yes ___ No

Hazard Awareness Training Program

Mine ID # _____________________ Contractor ID _____________

Section 46.11

Other Subject(s)

Subject Title:

[Section 46.11(d)]

Approximate Time(s): ____ hours ____ minutes to ____ hours ____ minutes

Teaching Methods:

___ Lecture

___ Demonstration

___ Discussion

___ Site Tour

___ Audiovisual

___ Other _______________

___ Computer

Course Training Materials:

___ Checklist(s)

___ Applicable Regulations

___ Other _______________

___ MSHA and/or Company

___ MSDS/SDS

___ Vendor / Manufacturer

___ Company Rules / Policies

Evaluation Procedures:

___ Oral Feedback

___ Observation

___ Written Feedback

___ Other _______________

Hazard Awareness Training Program

You may select the task(s) to include for training from the list below, or write in your own list

or description in the space provided on the plan.

_ Auger helper

_ Auger operator

_ Barge attendant/boat operator/dredge operator

_ Beltman/conveyor crew/vulcanizer

_ Belt/conveyor man/crew

_ Bobcat operator

_ Brakeman/rope rider/car dropper

_ Bulldozer/tractor operator

_ Car dump/rotary dump/shake-out operator/helper

_ Car dump/shake-out/roscoe/loaderhead operator

_ Cement man/mason/bricklayer

_ Clam shell operator

_ Cleanup man

_ Crane operator

_ Cutting machine helper

_ Cutting machine operator

_ Dispatcher

_ Drill helper/chuck tender

_ Drill operator (wagon/diamond)

_ Driver jeep/pickup

_ Dryer/kiln operator/worker

_ Electrician/helper/wireman

_ Engineer (electrical/mining)

_ Forklift operator

_ Front-end loader/high lift operator

_ Grader/road roller operator

_ Hand loader

_ Highwall drill operator/helper

_ Hoistman/hoist engineer/helper

_ Inspector/preshifter

_ Laborer/utility man/bull gang

_ Loading machine helper

_ Loading machine/loader operator

LIST OF TASKS

_ Metal/Nonmetal sampler/dust sampler/lab technician

_ Mechanic/repairman/helper

_ Miner/surface miner

_ Mucking machine operator

_ Oiler/greaser

_ Plumber/carpenter/painter

_ Pumper

_ Rock driller

_ Rotary bucket excavator operator

_ Scalper/screen/sizing/tipple plant worker

_ Scoop car/tram/load haul dump operator

_ Shopman/millwright/machinist/bit sharpener

_ Shotfirer/blaster/shooter/helper

_ Shovel operator (stripping/loading)

_ Silo/train load out operator

_ Sizing/washing/cleaning plant operator/worker

_ Stone finishing/sizing personnel

_ Supervisory/management/foreman/boss

_ Supplyman/warehouseman/supply driver

_ Survey crew

_ Timberman/propman/steel setter/steelworker

_ Track man/track gang/tamping machine operator

_ Trainee

_ Truck driver

_ Union official/safety representative

_ Ventilation man/crew/builder/brattice man

_ Watchman/guard

_ Water attendant

_ Weighman/scaleman/timekeeper/clerk

_ Welder/blacksmith

_ Yard engine engineer

LIST OF TASKS

OUR TASK LIST

1. ______________________________________________________________ _

2. ______________________________________________________________ _

3. ______________________________________________________________ _

4. ______________________________________________________________ _

5. ______________________________________________________________ _

6. ______________________________________________________________ _

7. ______________________________________________________________ _

8. ______________________________________________________________ _

9. ______________________________________________________________ _

10. _____________________________________________________________ _

11. _____________________________________________________________ _

12. _____________________________________________________________ _

13. _____________________________________________________________ _

14. _____________________________________________________________ _

15. _____________________________________________________________ _

16. _____________________________________________________________ _

17. _____________________________________________________________ _

18. _____________________________________________________________ _

19. _____________________________________________________________ _

20. _____________________________________________________________ _

LIST OF TASKS LIST OF TASKS

SAMPLELESSONPLANS

Whileteaching,youareexpectedtouseyourMSHAApprovedTrainingPlanasaguide.

Thetrainingplanisageneraloverviewofwhatandhowyouplantoteacheachprogram.

Itisrecommendedthatyoudevelopindividuallessonplansforeachsubject/courseyou

willbeteaching.Lessonplansaredetailedoutlinesindicatinghowyouplantoteachand

evaluateeachparticularsubjectwithinthetrainingprogram.

The sample lesson plans included in this book provide an example of things you may

teachforcertainsubjects.Theselessonplansarenotcomplete.Usetheseexamplesas

aguidetoaidyouindevelopingyourownsite‐specificlessonplans.

LessonPlanBasics:

 Course/SubjectName

o Listthenameofthelesson.

 CourseLength/DurationofTraining

o Listapproximatelyhowlongitwilltakeyoutoteachthislesson.

o Thishelpswithtimemanagement.

 Objectives

o Listwhatitisthatyouwantthestudenttoknoworbeabletodoatthe

endofthelesson.

o Thisshouldbestudent‐centered.“Thestudentwillbeableto…”

 CourseMaterials

o Listwhattrainingmaterialsyouwillusewhileteachingthislesson.

 ResourceMaterials

o Listothermaterialsthatyoucoulduseforteachingthislesson(asaback‐

up)orplacesyoucoulddirectstudentstofindmoreinformation.

 CourseOutline

o Listwhatyouwilldoastheinstructortoteachthelesson,and/or

o Listthekeytalkingpointsthatyouwillusetoteachthislesson.

o Note:Thisinformationshouldberelatedtotheobjectiveslisted.

 Evaluation

o Youneedtoknowifthestudentsunderstood/learnedtheinformationyou

taught.

o Theevaluationquestionsshouldhaveadirectcorrelationwiththelisted

objectives.

CHANGES  AT THE MINE THAT COULD ADVERSELY  AFFECT THE MINER’S HEALTH OR

SAFETY 

APP ROXIMATECOURSELEN GTH: __________

OBJEC TIVES:(Thestudentwillbeableto…)

Analyze the cha

nges that have occurred over the past year at the mine site

and determine which ones couldaffectyourhealthand/orsafety.

2. Make suggestions onhowtoprotectyourselffrom those hazards.

3. Identifychanges tobehavior or standardprocedures thatmay be necessary

topr otectthem.

OURSEMATERIALSNEEDED:

1. CompanyPolicyManual

2. MineMap

3. GroundControlPlan

ESOURCEMATERIALSAVAILABLE:

1. CompanyPolicyManual

2. MineMap

3. GroundControlPlan

C OURSEOUTLINE:(Whatwilltheinstructordo?/Talkingpoints.)

1. Discussallchangesthathaveoccurredoverthepastyear.

2. Discusshowthosechangesaffectthehealthandsafetyoftheminers.

3. Discusshowtheycanprotectthemselvesfromthehazardsthosechangescause.

4. Discussanychangesneededtothestandardoperatingprocedurestoensurethe

safetyofallworkers.

VALUATION:

Analyze two changes that have occurred

in the past year that could affect your

healthorsafetywhileworkingatthismine?

Suggestonethingyoucandotoprotectyourselffromeach thesehazards.

101

INTRODUCTIONTOTHEWORKENVIRONMENT

APP ROXIMATECOURSELEN GTH: __________

OBJEC TIVES:(Thestudentwillbeableto…)

1. Observetheminingprocessandproceduresbeingusedatthemine.

2. Determine and identifyhazardsatthemineandsafetyprecautionsneeded.

3. Identifyanddescribethefunctionofmachines,processes,andlocations.

4. Explainallrestrictedareasandotherareaswhereparticularcautionisnecessary.

5. Identify and determinekeylocationsofbuildingsandsafetyequipment.

6. Useminingterminology.

C OURSEMATERIALSNEEDE D:

1. CompanyPolicyManual

2. MineMap

RESOURCEMATERIALSAVAILABLE:

1. DVD508–ContributionsoftheAmericanMiner

C OURSEOUTLINE:(Whatwilltheinstructordo?/Talkingpoints.)

1. Giveatouroftheentireminesite.

a. Explainthe miningprocess (from startto finish)of how surfaceminingis

accomplishedandallowthemtimetoobservetheprocess.

b. Pointouttheareatheminerwillbeworking.

c. Introduceandpointouthazardstheminerwillbeexposedtointhearea

andprecautionstotake.

d. Pointoutrestrictedareasandprecautionstotakewhilenearthem.

2. Show and explainthebasicpurposeofeachpieceofequipment.

3. Explaingeneralhazardsassociatedwitheachstepintheprocess.

4. Givedetailsaboutandhazardsassociatedwiththeproductthatisbeingmined.

5. Explainmining terminology – point out key terms during the tourand show

picturesintheclassroomofthingssuchasBench,Highwall,Pit,Spoil/MuckPile,

Man‐trip,Tram,Conveyors,Plant,Guarding,Power lines, PPE, etc.

6. Point out key areas such as offices, shops, telephones, location of emergency

numbersandexits,firstaidkits,eye‐washstations,fireextinguishers,etc.

EVALUATION:

1. Namestepsintheminingprocess.

2. Given a list of verbal descriptions or pictures of various mining equipment,

properlyidentifyeachpieceofequipment and determine hazards for each.

3. Explain eachrestrictedareaandotherareaswhereprecautionsareneeded.

102

RECOGNITI ON AND AVOIDANCE OF OTHER HAZARDS PRESENT AT THE MINE, SUCH AS

TRA FFICPATTERNSANDCONT ROL, MOBILEEQUIPMENT 

APP ROXIMATECOURSELEN GTH: __________

OBJEC TIVES:(Thestudentwillbeableto…)

1. Recognizepotentiallyhazardouslocations,conditions,orprocedures.

2. Demonstratehowtoavoidtheidentifiedhazards.

3. Listcontributingfactorsofaccidents.

4. Identifythetypesandgiveexamplesofaccidentsoccurringatsurfacemines.

5. Discussthehazardsassociatedwithpoweredhaulageandlargemachinery.

OURSEMATERIALSNEEDED:

1. CompanyPolicyManual;CompanyAccidentReportsandNear‐MissReports

2. MSHAFatalgramsorFatalReports

3. WorkplaceExamandPre‐OperationalCheckList

ESOURCEMATERIALSAVAILABLE:

1. MSHAFatalPowerPointandMSHASLAMRiskFatalities(OT10)

2. MSHADataRetrievalSystem(www.msha.gov)–viewviolationsandaccidents

3. Company’sPart50Reports,MSHAFatalgramsandFatalReports

4. BlindSpotsCanKill(DVD526);GoodBermsSaveLives(DVD504‐S)

C OURSEOUTLINE:(Whatwilltheinstructordo?/Talkingpoints.)

Demonstrate and explain dailyworkplaceexamsandpre‐opchecks.

2. Show and discuss potential hazards to the miner and explain the dangers of

leavinghazardsuncorrected.

3. Explainpotentialhazardstootherscreated bytheminer’sactions or inactions.

4. Discussthehazardsandbestpracticestoavoidorpreventaccidents,suchas:

a. Moving vehicles and equipment; exposed pinch points and rotating

mechanicalparts,unguardedmachineryormovingparts

b. Releases of energy  such as compressed gas, hydraulic lines, energized

components,explosives;environmentalhazardssuchasdust,deepwater,

highplaces,slipperyareas,weldingareas,overheadpowerlines,etc.

c. Lifting hazards; slips, trips, and fall hazards; mounting and dismounting;

walkways;etc.

5. AccidentContributingFactors:Unsafeenvironment,unsafeacts,unsafebehaviors

a. Exposuretoextremeheatorcold,otherweatherconditions,dustyornoisy

environments

b. Horseplay,takingshortcuts,lackoftraining

c. Complacency,viewsit’seasierorquickertodothetasktheunsafeway

d. Frustration,fatigue,andrushing

103

6. Most accidents happen while handling materials, performing haulage activities,

operatingmachinery,usinghandtools,andslipsandfalls.

a. Use properlifting techniques, avoid carrying loads too high which blocks

vision,andavoidcarryingloadsthataretooheavy.

b. Never exceed speed limits, when on foot watch out for equipment and

communicatewithoperators,nevergetonoroffmovingequipment,don’t

rideinbuckets,etc.

c. Ensuremachineryoperatorsknowyouareintheirworkarea.

d. Never walk under raised equipment or in swing areas such as around

boomsandloaders.

e. Neverleaveequipmentunattendedinaraisedposition.

f. Looseclothingandlonghairarehazardsaroundmovingparts.

g. Usethepropertoolforthejob.

7. Discussand show dangersofandsafetyaroundmovingconveyorbelts.

8. Facilitate discussion onseatbeltpolicyandPPE:glasses,gloves,shoes,hardhat,etc.

9. Discussladdersafety:3pointsofcontact,properangleandlocation,etc.

10. Discusscompanypolicyconcerningalcoholanddrugs.

11. Discuss safe methods of using hand tools and power tools; discuss dangers of

usingdefectivetools.

12. Discussmaintenanceandrepairhazardsandsafetyprocedures(suchasblocking

frommotion,etc.);Discussweldinghazards.

13. Discuss safety issues regarding cell phone and electronic device usage and

companypolicyregardingtheiruse.

14. Discussand show dangersofcompressedgascylindersandchemicalstorage.

15.

Examine a

ccidentsoccurringatthemineandpreventivemeasurestobetaken.

16. Give details about site‐specific traffic patterns to follow while on the mine

property.

a. Speed, direction of movement, using headlights forbetter visibility, signs

andsignalsshowinghazards

b. Trafficflowpatterns,drivingontheleftorright

c. Obeyingtrafficsignsandpostedspeedlimits

d. Whoandwhentheyhavetherightofway

17. Roadconditionhazards

a. Wet,muddy,orfrozen;narrow;elevation

b. Berms;drainageproblems;debris; andlargeequipment

18. Distractionswhiledrivingand/oroperatingequipment:

a. Phones,texting,passengers,radios,etc.

EVALUATION:

1. Name hazards found at  the mine site and the precaution you should take to

preventaccidentsoccurringduetothosehazards.

2. Whatisthecompanypolicyontheuseofcellphones,alcoholanddrugs?

3. Howcanyouprotectyourselffrompoweredhaulageandmachineryhazards?

4. Whyandwhenshouldyouusechockblocks?

104

E MERG ENCY MEDICAL PROCEDURES, ESCAPE AND EMERGENCY EVACUATION PLANS,

IREWARNINGSIGNALSANDFIREFIGHTINGPROCEDURES

APP ROXIMATECOURSELEN GTH: __________

OBJEC TIVES:(Thestudentwillbeableto…)

1. Assesstypesandsignsofmineemergencyconditions.

2. Describecharacteristicsandlocationsof emergencyexits andmeansofreaching

themfromtheworkarea.

3. Describeactionstotakeanddemonstratecommunicationsintheeventofamine

emergency.

4. Locateandoperatenearestfireextinguisher.

5. Locateanduseemergencyfirstaidkitandsupplies.

6. Identifydifferenttypesoffiresandextinguishersavailableatminesite.

7. Traveltheemergencyevacuationroutes.

C OURSEMATERIALSNEEDE D:

1. MineMap

2. MineEmergencyandEvacuationPlan

3. FireExtinguisher

4. Emergencyscenariosthatcouldoccur

5. FirstAidKitandSupplies, MSDS/SDS

RESOURCEMATERIALSAVAILABLE:

1. HandoutsandPostersfromVendor

2. MagicofFire(DVD610)

3. FireSafety(SM13)

C OURSEOUTLINE:(Whatwilltheinstructordo?/Talkingpoints.)

1. Describethedifferenttypesofmineemergenciesandhowtodetecteach.

a. Fires,explosions,toxicgases,extremeweather,waterhazards,etc.

b. Demonstrate emergency signals (or warning systems) for each situation

(studentwillheartheaudiblesoundofthealarmand/orseetheemergency

flashinglights,ifused).

2. EmergencyMedicalProcedures

a. Show locations of emergency exits, fire‐fighting equipment, first aid kits,

MSDSsheets,phones,emergencyphonenumbers,thephysicaladdressof

mine,etc.

b. Explain the company policy, steps to take, and who to call during an

emergency.

c. Remind them to stay calm, assess the situation, collect information, and

callforhelp.

d. MSHA’sOneCallDoesItAll‐1‐800‐746‐1553.

105

3. EscapeandEmergencyEvacuationsPlans

a. Explainthesite‐specificescapeandemergencyevacuationplan.

i. Familiarizestudentswiththeirworkarea.

ii. Show the emergency exits and means of reaching them from the

workareausingtheminemapaswellashavethemidentifyandwalk

theexitfromtheirworkareas.

iii. Groupstudents.Giveeachgroupadifferentscenario.Studentswill

consider quietly how each would handle the scenario, then discuss

theirideasamongstthegroup.Formulatewhatthegroupbelievesis

thebestresponse.Studentswillexplainwhattheywoulddoorthe

paththeywouldtakeinanemergency.

b. Escapetoasafelocation.

c. Traveltheemergencyevacuationroutes.

d. Gatheratdesignatedmeetingareaandreportallinformation.

4. FireWarningSignals

a. Show locations of alarm devices‐how to sound or give fire warning or

otheremergencysignalsinordertohelpwarnothers.

b. Showallfire‐fightingequipmentusingtheminemap.

5. Fire‐FightingProcedures

a. Describeanddistinguishthedifferenttypesoffires:ClassA,B,C,&D.

b. Importanceofaclearlineofretreat

c. LocateandoperatenearestfireextinguisherusingthePASSmethod–Pull

Pin,Aim,Squeeze,Sweep–Giveeachstudentthechancetopracticethe

method.

6. Demonstrateactionsthatareexpectedoftheminerduringanemergency.

a. Teach how and when to use communication equipment (phone, radio,

etc.)

VALUATION:

Given a scenario, assesssignstha

tamineemergencyexists.

2. Demonstrateemergencyevacuationprocedures.

3. Name4fireextinguisherslocations.

4. Describeordemonstrateproperfire‐fightingtechniques.

5. Nameareasfirstaidequipmentisstored.

6. Namealocationwhereemergencyphonenumbersareposted.

7. Whereisthemeetingplacethatyouareexpectedtogotoduringanemergency?

106

RECOGNITIONANDAVOIDANCEOF ELECTRICA LHAZARDS

APP ROXIMATECOURSELEN GTH: __________

OBJEC TIVES:(Thestudentwillbeableto…)

1. Identifycontributingfactorstoelectricalaccidents.

2. Determinesafeworkprocedurestohelpprotectfromelectricalshock.

3. Recommendreasonsand policies forlock‐outtag‐outprocedures.

C OURSEMATERIALSNEEDE D:

1. Samplesoflocks,tags,badsplices,exposedwires,faultyinsulation

2. CompanyPolicyManual

3. Accidentorfatalreportssh owingelectricalinjuryordeathataminesite

RESOURCEMATERIALSAVAILABLE:

1. MSHA–ElectricalHazards(SM9)

2. MSHA–LockOutandTagforSafety(DVD517)

C OURSEOUTLINE:(Whatwilltheinstructordo?/Talkingpoints.)

1. Showc ontributingfactorstoelectricalaccidents.

a. Show examples:faultyinsulation,connections,splices,andgr ounding

b. Workingonenergizedequipment

c. Operating equipment near overhead power lines, guy wires, and

energizedtrailingcables

d. Waterhazards

e. Unauthorizedworkon electricalequipment

f. NotwearingproperPPEsuchasspecialglovesandboots

2. Discusshea ltheffectsofelectricalshock(shock,burns,eyeinjury,death).

3. Discusscompanypolicyregardinglock‐outtag‐outtry-out procedures.

a. What,When,Where,Why,How?

4. Explainwhattodoifaco‐workerisgettingorhasbeenshocked.

5. Discusselectricalcoverplatesand i nspections.

6. Discussda magedcordsandoutlets.

7. Discusshow,when,andtowhomtoreportelectricalhazards.

EVALUATION:

1. Givestudentseveralpicturesshowingelectricalhazards.Havestudent:

a. Identifythehazardsandgiveexamplesofhowtoreportthehazards,and

b. Explainwhattodotocorrectthehazardorpreventsomeonefrombeing

injuredfromitwhilewaitingforittobecorrected.

2. Whendoyoulockoutandtagout?

3. Whydoyoulockoutandtagout?

4. Howdoyoulockoutandtagout?

5. Howandtowhomdoyoureportanelectricalhazard?

107

INSTRUCTIONANDDEMONSTRATIONONTHEUSE,CARE,ANDMAINTENANCEOFSELF‐

ESCUEANDRESPIR ATORYDEVICES,IFUSEDATTHEMINE

APP ROXIMATECOURSELEN GTH: __________

OBJEC TIVES:(Thestudentwillbeableto…)

1. Dontheself‐rescuerand/orrespiratorproperly.

2. Identifylocationswhereself‐rescuerand/orrespiratordevicesaretobeused.

3. Recognizewhenself‐rescuerand/orrespiratordevicesaretobeused/worn.

4. Identifypr opercareandmaintenanceneededforeachdevice.

5. Determinethepotentialconsequencesofnotproperlydonningeachdevice.

C OURSEMATERIALSNEEDE D:

1. CompanyPolicyManual

2. MineMap

3. DustControlPlan

4. PPE

RESOURCEMATERIALSAVAILABLE:

1. CompanyPolicyManual

2. SurgePileSafety(2008)–IG109CD

3. Dust‐TheInvisibleEnemy(2000)–DVD533S

4. SamplingforSilicaandNoise–AHandbookforMNM–IG29

5. TruckHaulageSafetySeries(2008)–DVD004

6. WhatDoestheTermSilicosisMeantoYou?(1998)–DVD 597S

COURSEOUTLINE:(Whatwilltheinstructordo?/Talkingpoints.)

1. Showthelocationwheredevicescanbefound.

2. Discusstheimportanceofwearingtheself‐rescueand/orrespiratorydevice.

3. Discusswhy,when,andwherethedevicesareneededtobeusedorworn.

4. Demonstratehowtodon/weartheself‐rescuerorrespiratorydevice.

5. Discuss checks to perform to determine if the device/PPE is in good

conditionandreadytobeused.

6. Discussthecareandmaintenanceforeachdeviceprovided.

7. Discussthepotentialconsequencesofnotproperlydonningeachdevice.

EVALUATION:

1. WhereisthePPElocatedifyouneedit?

2. Whatcouldhappentoincreaseyourneedtodonarespiratorwhileworkingat

thismine?

3. What are some steps you can do to care for and maintain the device in good

condition?

4. Howdoyoudetermineifyouarewearingthedevicecorrectly?

5. Havestudentdonthe self‐rescueand/orrespiratorydevice.

108

T RAININGRECORDS

Part46.9(c) requires you torecord the trainingyou provided, and Part 46.9(d) requires

therecordtobecertifiedoncethetrainingiscompleted.

Tocertifyarecord,youmustsignyournameanddateitintheappropriatespace.The

personlistedonthetrainingplanasthepersonresponsibleforhealthsafetyandtraining

has this responsibility of certifying the training records and will be the person held

accountable.Itishis/herjobtoensurethetrainingrecordwascompletedproperlyand

reflectsthetrainingthatwasactuallygiven.TheFederalMineAct’sSection110(a)and(f)

regulatesthis.

Section110(a):Theoperatorofacoalorothermineinwhichaviolationoccursof

amandatoryhealthorsafetystandardorwhoviolatesanyotherprovisionsofthis

Act, shall be assessed a civil penalty by the Secretary which penalty... Each

occurrenceofaviolationofamandatoryhealthorsafetystandardmayconstitute

aseparateoffense.

Section110(f):Whoeverknowinglymakesanyfalsestatement,representation,or

certification in any application, record, report, plan, or other document filed or

requiredtobemaintainedpursuanttothisActshall,uponconviction,bepunished

byafine,orbyimprisonmentfornotmorethanfiveyears,orboth.

YoumustrecordPart46trainingonaformthatcontainsalltheinformationrequiredby

46.9(b)oronaMSHAForm5000‐23.

MSHAprovidestheformsdesignedspecificallyforPart46regulations.However,thePart

48formcanbeusedifadditionalinformation isincludedas perPart46.9.ThePart 48

formistheMSHAForm5000‐23.

If you choose to use MSHA form 5000‐23, you must include the list of competent

instructor(s) who conducted the training, the duration of the training, and that the

trainingisforPart46.(PPM46.9)

Thetrainingformsprovidedinthisbookcanbecopiedasneeded;the5000‐23formcan

bedownloadedfromtheMSHAwebsite(www.msha.gov)orobtainedatnochargefrom

theMSHAwarehouse([email protected]).

Youmustensurethatallrequiredinformationisrecordedandcertifiedappropriately.If

youhavequestions,contactyourEFSMStrainingspecialistforfurtherinformation.

109

NEW MINER TRAINING RECORD/CERTIFICATE

Miner's Full Name (Print) ________________________________________________

Mine or Contractor Name __________________________________ ID# ___________

Subject

30 CFR Part 46.5

Training

Duration

Date

Competent

Person

Location (Name &

Address if Institution)

Miners

Initials

The miner received no less than 4 hours training in the following, before beginning work:

(b) (1) Introduction to work

environment, mine tour,

mining method/operation

(b)(2) Instruction on

recognition and avoidance of

electrical and other hazards

(b)(3) Emergency procedures,

escape, and firefighting

(b)(4) Health and safety

aspects of tasks assigned

(b)(5) Instruction on statutory

rights of miners and their

representatives

(b)(6) Authority &

responsibility of supervisors

and miners representatives

(b)(7) Introduction to your

rules and procedures for

reporting hazards

No later than 60 days:

(c)(1) Self-rescue, respiratory

devices, if used

(c)(2) First aid

No later than 90 days (balance of 24 hours including the following subjects):

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act

I certify that the above training has been completed.

_____________________________________________________________________________________________________________

(Signature of person responsible for health and safety training) (Date)

111

NEWLY-HIRED EXPERIENCED MINER TRAINING

RECORD/CERTIFICATE

Miner's Full Name (Print) ________________________________________________

Mine or Contractor Name __________________________________ ID# ___________

Subject

30 CFR Part 46.6

Duration

Training

Date

Competent

Person

Location

(Name & Address if

Institution)

Miner

Initials

The miner has received the following training before beginning work:

(b)(1) Introduction to work

environment, mine tour, mining

method/operation

(b)(2) Instruction on recognition

and avoidance of electrical and

other hazards

(b)(3) Emergency procedures,

escape, and firefighting

(b)(4) Health and safety aspects

of tasks assigned

(b)(5) Instruction on statutory

rights of miners and their

representatives

(b)(6) Authority & responsibility

of supervisors and miners

representatives

(b)(7) Introduction to your rules

and procedures for reporting

hazards

No later than 60 days:

devices, if used

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act

I certify that the above training has been completed.

_____________________________________________________________________________________________________________

(Signature of person responsible for health and safety training) (Date)

112

NEW TASK TRAINING RECORD/CERTIFICATE

Miner's Full Name (Print) ________________________________________________

Mine or Contractor Name __________________________________ ID# ___________

New Task

30 CFR Part 46.7

Duration

Training

Date

Competent

Person

Location

(Name & Address if

Institution)

The miner received the following training before performing a new task, or a change occurred in an assigned task that affects

health and safety risk:

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act.

I certify that the above training has been completed

__________________________________________________ ______________________________________________________

(Signature of person responsible for health and safety training) (Date)

113

ANNUAL REFRESHER TRAINING RECORD/CERTIFICATE

Miner's Full Name (Print) ________________________________________________

Mine or Contractor Name __________________________________ ID# ___________

Subject

30 CFR Part 46.8

Duration

Training

Date

Competent

Person

Location

(Name & Address if

Institution)

Miner’s

Initials

The miner received no less than 8 hours of annual refresher training in the following:

Instruction on changes at the

mine that could adversely

affect the miner’s health or

safety

Health and safety subjects

relevant to mining

operations at the mine

(For recommended subjects see 46.8 (c))

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act.

I certify that the above training has been completed

__________________________________________________ ______________________________________________________

(Signature of person responsible for health and safety training) (Date)

114

SITE-SPECIFIC HAZARD AWARENESS TRAINING

RECORD/CERTIFICATE

Miner's Full Name (Print) ________________________________________________

Mine or Contractor Name __________________________________ ID# ___________

Length of Training: _________________________

Date Training Provided: _________________________

Competent Person Providing

the Training: _________________________

Miner’s Initials: _________________________

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act.

I certify that the above training has been completed

__________________________________________________ ______________________________________________________

(Signature of person responsible for health and safety training) (Date)

115

116

NEW MINER TRAINING RECORD/CERTIFICATE

Miner's Full Name (Print): JohnDoeSmith

Mine or Contractor Name:

LuckyDogHole7 ID# 50‐02255

Subject

30 CFR Part 46.5

Training

Duration

Date

Competent

Person

Location (Name &

Address if Institution)

Miner

Initials

The miner received no less than 4 hours training in the following, before beginning work:

(b) (1) Introduction to work

environment, mine tour,

mining method/operation

3hours 8/31/16 JackTrades Office,MineSite

JDS

(b)(2) Instruction on

recognition and avoidance of

electrical and other hazards

2hours 8/31/16 JackTrades Office,MineSite

JDS

(b)(3) Emergency procedures,

escape, and firefighting

2hours 9/1/16 JackTrades Office,Mine Site

JDS

(b)(4) Health and safety

aspects of tasks assigned

4hours 9/1/16 JackTrades Office,Mine Site

JDS

(b)(5) Instruction on statutory

rights of miners and their

representatives

1hour 9/1/16 JackTrades Office,Mine Site

JDS

(b)(6) Authority &

responsibility of supervisors

and miners representatives

1hour 9/2/16 JackTrades Office,Mine Site

JDS

(b)(7) Introduction to your

rules and procedures for

reporting hazards

1hour 9/2/16 JackTrades Office,Mine Site

JDS

No later than 60 days:

(c)(1) Self-rescue, respiratory

devices, if used

1hour 9/21/16 JackTrades Office,MineSite

JDS

(c)(2) First aid

2hours 9/21/16 JackTrades Office

JDS

No later than 90 days (balance of 24 hours including the following subjects):

46.5(d)OJT

4hours

9/3/16

MikeBrown MineSite

JDS

46.5(d)OJT

3hours 9/4/16 MikeBrown MineSite

JDS

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act.

I certify that the above training has been completed.

Hank Snow 9/21/16

_____________________________________________________________________________________________________________

(Signature of person responsible for health and safety training) (Date)

117

NEW TASK TRAINING RECORD/CERTIFICATE

Miner's Full Name (Print) JohnDoeSmith

Mine or Contractor Name LuckyDogMine7

ID# 50‐02255

New Task

30 CFR Part 46.7

Duration

Training

Date

Competent

Person

Location

(Name & Address if

Institution)

The miner received the following training before performing a new task, or a change occurred in an assigned task that affects

health and safety risk:

WorkplaceExamination 3hours 9/1/16 MikeBrown MineSite

JohnDeere328DLoader 4hours 9/3/16 MikeBrown MineSite

CATD9Dozer 3hours 9/4/16 MikeBrown MineSite

MackTitanSnowPlow 7hours

10/5/16

MikeBrown MineSite

GenieS‐60Manlift 4hours

8/12/16

DonnyMarcum MineSite

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act.

I certify that the above training has been completed.

Hank Snow 8/12/16

__________________________________________________ ______________________________________________________

(Signature of person responsible for health and safety training) (Date)

118

ANNUAL REFRESHER TRAINING RECORD/CERTIFICATE

Miner's Full Name (Print) JohnDoeSmith

Mine or Contractor Name LuckyDogMine7

ID# 50‐02255

Subject

30 CFR Part 46.8

Duration

Training

Date

Competent

Person

Location

(Name & Address if

Institution)

Miner

Initials

The miner received no less than 8 hours of annual refresher training in the following:

Instruction on changes at

the mine that could

adversely affect the miner’s

health or safety

30min 8/1/2016 JackTrades Office,MineSite

JDS

Health and safety subjects

relevant to mining

operations at the mine

(For recommended subjects see 46.8 (c))

Workinginareasof

highwalls

30min 8/1/2016 JackTrades Office,MineSite

JDS

Waterhazards,pits,and

spoilbanks

30min 8/1/2016 JackTrades Office,MineSite

JDS

Transportationcontrolsand

communicationsystems;

trafficpatternsandcontrols

30min 8/1/2016 JackTrades Office,MineSite

JDS

Preventionofaccidents

1hour 8/1/2016 JackTrades Office,MineSite

JDS

Escapeandemergency

plans;firewarningand

firefighting

30min 8/1/2016 JackTrades Office,MineSite

JDS

Mobileequipment;

conveyorsystems;

crushers;dredges,and/or

excavators

1hour 8/1/2016 MikeBrown Office,MineSite

JDS

Maintenanceandrepair;

materialhandling;fall

preventionandprotection;

andworkingaroundmoving

objects

30min

8/1/2016

DonnieMarcum Office,MineSite

JDS

Firstaid 2hours

8/1/2016

JackTrades Office,MineSite

JDS

Health 1hour 8/1/2016

JackTrades Office,MineSite

JDS

False certification is punishable under section 110 (a) and (f) of the Federal Mine Safety and Health Act.

I certify that the above training has been completed

Hank Snow 8/1/16

__________________________________________________ ______________________________________________________

(Signature of person responsible for health and safety training) (Date)

119

5000‐23FormBasics

Insert student’s full name

Section 5 is for partially completed training. If

you completed the training, you do not need to

mark in this section.

Avoid using the Social

Security Number.

Good Practice: Only mark

one box in section 2. And

opt to complete a second

form if necessary.

However, there are

situations where you can

choose more than one box.

Use this section to give

specifics about Task Training

Insert date training is completed

Signature of Person Responsible

for trainin

(

listed in

trainin

lan

)

Insert Mine name, ID, and training location

(if different than mine site) and address

Optional: Insert the Date

the student signed form

Optional: Student Signature

120

Part46

JohnDoeSmith

CompetentPersons:

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

JackTradesandMikeBrown

X

9‐21‐2016

8/31/16

‐‐‐‐‐‐

9/1/16

N.M.T5hrs

N.M.T

hrs

9/2/16

N.M.T2hrs

9/3/16

N.M.T4hrs

‐‐‐‐‐‐

9/4/16

N.M.T3 hrs

9/21/16

N.M.T3

hrs

LuckyDogHole7,5

‐02255, MineOfficeandMine

ite

9‐21‐2016

Hank Snow

ohn D. Smith

24Hours

121

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

CompetentPersons:JackTrades,Mike

Brown,andDonnieMarcum

JohnDoeSmith

Part46

X

8/2/2016

8Hours

ank Snow

LuckyDogHole7,50‐02255,MineOfficeandMineSite

ohn D. Smith

8/2/2016

122