MSHA - Program Policy Manual

Mine Safety and Health=20 Administration

MSHA - Protecting = Miners'=20 Safety and Health Since 1978

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Program=20 Policy Manual

VOLUME III=20

INTERPRETATION AND GUIDELINES
ON ENFORCEMENT OF
THE = 1977=20 ACT
May 16, 1996

48.5/48.25 = Training of New=20 Miners; Minimum Courses of Instruction; Hours of Instruction=20

A. Underground Mines
An experienced surface = miner who=20 begins work in an underground mine is, for training purposes, a = new miner=20 and must receive new miner training under Section 48.5. The MSHA = district=20 manager may credit applicable surface training (Subpart B) toward = the=20 underground training (Subpart A) requirement.

B. = Surface Mines=20 and Surface Areas of Underground Mines
An experienced = underground=20 miner who begins work in a surface mine is, for training purposes, = a new=20 miner and must receive new miner training under Section 48.25. The MSHA = district=20 manager may credit applicable underground training (Subpart A) = toward the=20 surface training (Subpart B) requirements.

Job Site=20 Training
Health and safety training may be conducted at the = job=20 site and may involve performance of actual job tasks. Job site = training=20 must be completed under close and continuous supervision of an = approved=20 instructor, with training, not production, as the primary goal. = The=20 training is acceptable if the following conditions are met:

Instructors must follow an outline in which each step of the = job is=20 broken down into instructional units. The students must = demonstrate safe=20 performance of each job step. Several units may be combined in = the same=20 instructional period.

All health and safety standards must be=20 observed.

48.6/48.26 = Experienced Miner=20 Training
Health and safety training may be conducted at the = job=20 site and may involve performance of actual job tasks. Guidelines = for job=20 site training are set out under Sections 48.5/48.25 above. =

When an=20 experienced miner returns to the same mine following an absence of = 12=20 months or less, the miner must be informed about major changes = affecting=20 safety or health that have occurred at the mine during the absence = before=20 the miner starts work. Also, the miner must complete annual = refresher=20 training as required in Section 48.8/48.28 before = starting work,=20 if the miner missed that training during the absence.

With = one=20 exception, there are no time requirements for experienced miner = training.=20 However, for miners returning to mining after an absence of 5 = years or=20 more, the returning "experienced miner" must receive at least 8 = hours of=20 experienced miner training.

48.7/48.27 = Training of=20 Miners Assigned to a Task in Which They Have Had No Previous = Experience;=20 Minimum Courses of Instruction
An appropriately completed = Job=20 Safety Analysis may be used as a training guide when conducting = task=20 training as long as it complies with the task training = requirements of=20 Part 48.

48.8/48.28 Annual = Refresher=20 Training of Miners; Minimum Courses of Instruction; Hours of=20 Instruction
Operators may provide annual refresher training = at any=20 time during the last calendar month of the miner's annual = refresher=20 training cycle. To illustrate this policy, miners who began work = in July=20 2001 must complete their annual refresher training any time in = July 2002.=20 Accordingly, training records and schedules may be maintained on a = monthly=20 basis, rather than tracking each miner's individual training date. = Also,=20 operators should be encouraged to schedule annual refresher = training at=20 the beginning of the month so that if for some reason a miner = misses the=20 regularly scheduled training, there will still be a reasonable = opportunity=20 for the training to be made up before the end of the month. =

Annual=20 refresher training is required to cover such mine-specific matters = as the=20 review of roof or ground control plans and health control plans in = effect=20 at the mine.

Refresher health and safety training may be = conducted=20 at the job site and may involve performance of actual job tasks.=20 Guidelines for job site training are set out under Sections = 48.5/48.25.=20

Refresher Training Following an Absence
The = following=20 training is required for experienced miners as defined in Sections = 48.2(b)/48.22(b) who = return to work=20 following an absence:=20
1. When an experienced miner returns to the same mine = following an=20 absence of 12 months or less, the mine operator must provide = annual=20 refresher training based on the miner's original schedule before = the=20 absence. The miner must complete annual refresher training = before=20 starting work, if the miner missed that training during the = absence.=20 Also, the miner must receive training that covers major changes=20 affecting safety or health that have occurred at the mine, = before the=20 miner starts work. This training may be credited toward the = miner's=20 annual refresher training.

2. When an experienced miner = returns=20 to the mine following an absence of more than 12 months, the = operator=20 must provide experienced miner training before the miner begins = work.=20 This starts a new annual refresher training date for this = miner.
In=20 either case, if the miner is assigned a new work task, the = operator must=20 provide new task training prior to having the miner perform that = task.=20

The above does not apply to experienced miners assigned to = work=20 underground or on the surface for the first time. These miners are = "new=20 miners" under the training regulations and must receive new miner=20 training. Credit can be given for applicable underground or = surface=20 training.

Extension of Time to Complete Annual = Refresher=20 Training
The unexpected return of miners after absences may = create=20 a strain between the completion of quality refresher training and = prompt=20 return of the miners to productive employment.

In order to = accommodate unforeseeable events, district managers may consider = requests=20 for limited extensions of time to complete annual refresher = training. Such=20 requests will be considered on a case-by-case basis, and be = granted only=20 if:=20
1. The miners involved are experienced, as defined by Sections = 48.2(b)/48.22(b). =

2. Good=20 faith efforts were made by the operator to train the miners = before the=20 annual refresher training anniversary date passed.

3. = The=20 miners, before returning to work, will be given any task = training=20 required by Sections 48.7/48.27, and will = be=20 thoroughly instructed in any changes in procedure at the mine or = in the=20 mining environment. In underground mines, these procedures must = include=20 changes in roof control, ventilation, emergency escapeways, and=20 transportation controls.

4. The required annual = refresher=20 training will be promptly completed.
Subject to additional = conditions=20 that the district manager may require, a request for a limited = extension=20 of time to complete annual refresher training may be granted when = these=20 factors are met. In no case, however, should extensions be granted = to=20 correct poor scheduling practices or failure to anticipate = foreseeable=20 training needs, nor should provisions for an extension of time = appear in=20 an operator's approved training plan or otherwise be routinely = granted.=20

When extensions of time to complete annual refresher = training are=20 granted, such extensions should be confirmed in writing to the = operator,=20 stating the conditions of the extension and the date that = refresher=20 training will be completed. The completion date of this refresher = training=20 cycle initiates a new anniversary date.

Annual = Refresher=20 Guidelines for Training Plans
An effective refresher = training=20 program must be adapted to changes in mining conditions, accident = history,=20 and other training concerns. Time spent for each course may vary = to meet=20 specific needs. The following guidelines should be used to = evaluate=20 provisions for annual refresher training:=20
1. The required annual refresher training courses listed in = Sections=20 48.8/48.28 that are = not=20 applicable to a particular mine may be omitted from that mine's = training=20 plan. A notation of which courses are not applicable should = appear in=20 the training plan.

2. An 8-hour minimum is required for = the=20 total annual refresher training program. However, the time spent = on=20 individual courses may vary from year to year or from one area = of the=20 mine to another depending on specific safety or health problems=20 encountered. The mine's accident experience should significantly = influence the amount and type of training miners receive = throughout the=20 year.

3. All applicable refresher training courses = listed in the=20 approved training plan are to be given during each 12- month = cycle.=20 However, two or more of the courses may be covered in one = training=20 session or safety meeting. For example, a well structured safety = meeting=20 may cover ground control, related safety standards, prevention = of=20 accidents, and other topics without the necessity of separate = blocks of=20 instruction.

4. Safety meetings of at least 30 minutes = duration,=20 conducted by an MSHA-approved instructor, and addressing = appropriate=20 course content are acceptable training sessions that satisfy the = annual=20 refresher requirements.
Training plans may be revised to = reflect=20 training needs. Requests for revisions should be submitted in = accordance=20 with Sections 48.3(j)(1)/48.23(j)(1). =

48.9/48.29 Records = of=20 Training

Approved Forms
All Part 48 training = must be=20 properly recorded by the operator on an MSHA Form = 5000-23=20 (training certificate), or on an MSHA approved alternate form. = Alternate=20 forms must include at least as much information as a Form 5000-23, = and=20 should be labeled MSHA Approved Alternate Form 5000-23 = (current=20 month and year). Forms proposed by the operator must be = sent for=20 approval to the Director of Educational Policy and Development, = MSHA, 1100=20 Wilson Boulevard, Arlington, Virginia 22209-3939.=20

Record-Keeping Requirements
Operators are = required under=20 Sections 48.9/48.29 to give a = copy of the=20 training certificate, MSHA Form 5000-23, = or an=20 approved alternate, to the miner upon completion of each MSHA = approved=20 training program. A "training program" is any miner training = (i.e., new=20 miner, newly employed experienced miner, task, annual refresher = training=20 or hazard training) completed during a 12- month training cycle.=20

In order to simplify record-keeping, all MSHA approved = training=20 programs completed within a miner's 12-month training cycle may be = recorded on one Form 5000-23,=20 provided the following procedures are used:

Each time a miner completes an MSHA approved training = program, the=20 operator must initial and date the form to certify that the = miner has=20 received the specified training. Initialing and dating can be = done in=20 the space on the form adjacent to the type of training. Also, = the miner=20 should be given an opportunity to sign or initial the = form.

When a MSHA approved program is completed and recorded by = the=20 operator, a copy of the certificate must be given to the miner = upon=20 request.

At the end of the 12-month training cycle, or when the miner = signs=20 item 8 of the form, a copy of the completed form listing all = completed=20 training programs and signed by the operator or the operator's=20 representative must be given to the miner.

The = training=20 certificate, MSHA Form 5000-23, = has=20 been revised so that all training completed by a miner during the = 12-month=20 cycle may be recorded on one form. =

Miscellaneous
Under=20 Sections 48.4/48.24, = Cooperative Training=20 Program, the cooperative trainer may sign the training certificate = upon=20 partial completion of cooperative training. Final signature upon=20 completion of the program must be by the operator or his = representative.=20

For Surface Mines and Surface Areas of Underground=20 Mines
Under Section 48.31 Hazard = Training, the=20 operator may use a Form 5000-23 for hazard training. The Form = 5000-23 need=20 not be used, however, if the following situations satisfy hazard = training=20 requirements:

Verbal instructions of mine hazard avoidance procedures are = given by=20 mine personnel, and the person receiving the instructions signs = a log=20 sheet indicating receipt of the instructions.

Written instructions of mine hazard avoidance procedures are = supplied. The written instructions, signed by the person = receiving them,=20 or a log sheet signed by the recipient must be maintained as a=20 record.

48.10/48.30 = Compensation for=20 Training
Sections 48.10/48.30 implement Section 115(b) of = the Mine=20 Act ("miners shall be paid at their normal rate of compensation = while=20 taking such training"). Sections 48.2(d)/48.22(d), which = define=20 "normal working hours," state in part that: "miners shall be paid = at a=20 rate of pay which shall correspond to the rate of pay they would = have=20 received had they been performing their normal work tasks." =

The=20 purpose of both the statute and the regulations is to assure that = miners=20 are not financially penalized when they receive training during = work=20 hours. For example, if a miner is "cross shifted," and the "cross = shift"=20 is considered normal working hours, the rate of pay the miner = would=20 receive if working is the rate the miner must receive while in = training.=20

48.11/48.31 Hazard=20 Training
The exposure to mining hazards varies according to = the=20 task. The greater the hazard exposure, the greater the need for = training.=20 Hazard training should be:

mine specific, so that persons are advised of the hazards = they may=20 encounter at a particular mine; and

conducted each time a person enters a different=20 mine.
Examples of Appropriate Training
Although = the=20 amount of required training may vary, the following are examples = of=20 appropriate training:=20
1. Employees of Equipment Manufacturers

a. Employees who are on the mine site in a service or = maintenance=20 capacity must be given training in accordance with their = exposure to=20 hazards. If the specific job will not entail frequent or = extended=20 exposure to hazards at the mine, they need only be given = hazard=20 training.

If the job assignment of a service or = maintenance=20 worker is contracted to work at a mine for frequent or = extended=20 periods, and they are exposed to mining hazards, comprehensive = training must be given -- either new miner training or = experienced=20 miner training, as appropriate. In addition, if appropriate, = the=20 employees must be provided with and instructed in the use and = location=20 of the self-rescue device made available at the mine as = required by 30=20 CFR 75.1714, or=20 meet the requirements for self-rescue devices as provided = under 30 CFR=20 57.15030 and 57.15031, = and=20 trained pursuant to 57.18028(b), as=20 applicable.

b. Manufacturers' field representatives, = such as=20 sales representatives, must be given training in accordance = with their=20 exposure to hazards at the mine. If they are regularly exposed = to mine=20 hazards, they must be given comprehensive training either new = miner=20 training, or experienced miner training, as = appropriate.

2.=20 Labor, Management or Government Officials

a. Labor, management, or government officials visiting the = mine=20 site need not be given training. However, such persons should = be=20 accompanied by experienced miners and be provided with = appropriate=20 safety equipment and self-contained self-rescuer (SCSR) = training (see=20 30 CFR 57.15031=20 and 75.1714).=20

b. Authorized representatives of the Secretary of = Labor or=20 Secretary of Health and Human Services need not be given any = Part 48=20 training or be accompanied when carrying out duties required = by 30 CFR=20 or by the Mine Act.

c. Contractors doing work for the=20 government which requires their presence at the mine to = observe=20 conditions or to collect information must be given hazard=20 training.

3. Customers and Delivery Persons =

a. For purposes of training, customers are individuals who = are=20 briefly on mine property to pick up mined materials. =

The=20 extent of customers' exposure to mine hazards varies. Training = is not=20 required if there is no exposure to mine hazards. Customers = must=20 receive hazard training commensurate to their exposure to mine = hazards. In addition, they must be trained in the health and = safety=20 aspects and safe operating procedures of any mine machinery or = equipment that they are required or allowed to operate while = on mine=20 property. Comprehensive training would apply to customers = engaged in=20 the extraction and production process.

b. Delivery = persons are=20 individuals who enter mine property briefly to deliver = supplies, who=20 are not engaged in the extraction and production process, or = do not=20 perform maintenance and service work.

Delivery persons = must=20 receive hazard training commensurate to their exposure to mine = hazards. MSHA expects a realistic appraisal by the mine = operator of=20 the hazards associated with such jobs.

4. Other = Visitors

a. Underground Mines
Short-term visitors to mine = sites=20 who are not required to be provided Part 48 training must be = provided=20 with and instructed in the use and location of the self-rescue = device=20 made available at the mine as required by 30 CFR 75.1714, or = meet the=20 requirements for self-rescue devices as provided under 30 CFR = 57.15030 = and 57.15031, = and=20 trained pursuant to 30 CFR 57.18028(b), as=20 applicable.

b. Surface Mines and Surface Areas of=20 Underground Mines
Students on field trips and other = short term=20 visitors (1 day or less) need not be given Part 48 training. = However,=20 they should be accompanied by experienced miners and be = provided with=20 appropriate safety = equipment.