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SUPPORTING STATEMENT
Qualification/Certification Program and Man Hoist Operators
Physical Fitness, 30 C.F.R. §§ 75.100, 75.155, 75.159, 75.160,
75.161, 77.100, 77.105, 77.106, 77.107, and 77.107-1

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating
or authorizing the collection of information.

Section 101(a) of the Federal Mine Safety and Health Act of 1977
(Mine Act) requires that the Secretary must develop, promulgate,
and revise as may be appropriate, improved mandatory health or
safety standards for the protection of life and prevention of
injuries in coal or other mines. Under section 103(a)(2),
authorized representatives of the Secretary of Labor or
Secretary of Health and Human Services must make frequent
inspections and investigations in coal or other mines each year
for the purpose of gathering information with respect to
mandatory health or safety standards.
Title 30 C.F.R. §§ 75.159 and 77.106 require coal mine operators
to maintain a list of persons who are certified and those who
are qualified to perform duties which require specialized
expertise at underground and surface coal mines, i.e., conduct
examinations for hazardous conditions, conduct tests for methane
and oxygen deficiency, conduct tests of air flow, perform
electrical work, repair energized surface high-voltage lines,
and perform duties of hoisting engineer. The recorded
information is necessary to ensure that only persons who are
properly trained and have the required number of years of
experience are permitted to perform these duties. MSHA does not
specify a format for the recordkeeping; however, it normally
consists of the names of the certified and qualified persons
listed in two columns on a sheet of paper. One column is for
certified persons and the other is for qualified persons.

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Sections 75.100 and 77.100 pertain to the certification of
certain persons to perform specific examinations and tests.
Sections 75.155 and 77.105 outline the requirements necessary to
be qualified as a hoisting engineer or hoist man. Also, under
§§ 75.160, 75.161, 77.107 and 77.107-1, the mine operator must
have an approved training plan developed to train and retrain
the qualified and certified people to effectively do their
tasks.
These regulations recognize State certification and
qualification programs. However, where State programs are not
available, MSHA may certify and qualify persons. The MSHA
program will continue to qualify or certify individuals as long
as these individuals meet the requirements for certification or
qualification, fulfill any applicable retraining requirements,
and remain employed at the same mine or by the same independent
contractor.
Applications for Secretarial qualification or certification are
submitted to the MSHA Qualification and Certification Unit in
Denver, Colorado. MSHA Form 5000-41 provides the coal mining
industry with a standardized reporting format that expedites the
certification and qualification process while ensuring
compliance with the regulations. MSHA uses the form's
information to determine if applicants satisfy the requirements
to obtain the certification or qualification sought. Persons
must meet certain minimum experience requirements depending on
the type of certification or qualification.

2. Indicate how, by whom, and for what purpose the information is to be used.
Except for a new collection, indicate the actual use the agency has made of the
information received from the current collection.

The information is used by the mine operator and MSHA
enforcement personnel to determine whether certified and
qualified persons, who are properly trained, are conducting
tests or examinations, and operating hoisting equipment.
Form 5000-41 allows mining operators to report to MSHA the names
of persons who have satisfactorily completed required mine
foreman and hoisting training. MSHA uses the information to
issue certification/qualification cards to those persons who are
certified/qualified.
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The mine operator also uses the form to submit an application to
certify miners to perform specific required examinations and
test, or to qualify miners as hoisting engineers or hoist men,
in States without certification programs. The Qualification and
Certification Unit then mails the applicant a certificate. This
certification satisfies the law where State certification
programs are not available.
3. Describe whether, and to what extent, the collection of information involves
the use of automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting electronic
submission of responses, and the basis for the decision for adopting this means of
collection. Also describe any consideration of using information technology to
reduce burden.

Currently, for Form 5000-41, electronic submission of forms
reduces the average response time by 7 minutes. However, to
better serve the mining community, and to reduce the paperwork
burdens, MSHA provides for and encourages mine operators to
download the MSHA forms electronically. The forms are
accessible from the MSHA Home Page for downloading in Portable
Document Format (PDF) at www.msha.gov - “Forms and On-Line
Filings”.
MSHA Form 5000-41 may be submitted on-line, by fax or by mail.
In FY 2004, MSHA received a total of 711 Form 5000-41. MSHA
received 316 paper forms and 395, or 55%, electronic forms.
Under 30 C.F.R. §§ 75.159 and 77.106, no improved information
technology has been identified that would reduce the burden.
The mine operator, however, may retain the records in whatever
method he or she chooses, which may include utilizing computer
technology.

4. Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in Item 2 above.

No duplication of the information exists. Records are unique to
each mine Section 101(a)(9) of the Mine Act forbids the Agency
to reduce the protection given miners by any existing
regulation.

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5. If the collection of information impacts small businesses or other small
entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

This information does not have a significant impact on small
businesses or other small entities.
6. Describe the consequence to Federal program or policy activities if the
collection is not conducted or is conducted less frequently, as well as any
technical or legal obstacles to reducing burden.

If these collections are not conducted, miners may be exposed to
safety hazards such as explosion, fire, and electrical shock.
The list of qualified or certified individuals ensures that only
those qualified or certified to perform duties which require
specialized expertise at underground and surface coal mines,
i.e., conduct examinations for hazardous conditions, conduct
tests for methane and oxygen deficiency, conduct tests of air
flow, perform electrical work, repair energized surface
high-voltage lines, and perform duties of hoisting engineer.
The regulations do not specify how frequently the lists are to
be updated; mine operators, however, normally update them each
quarter. Less-frequent information collection may result in a
shortage of persons qualified and certified to perform important
safety and health functions at mines. This would not be
consistent with the purposes of the Mine Act. Without the
lists, MSHA would not be able to effectively enforce the
requirements of the Mine Act.
MSHA Form 5000-41 is an application form for miners in states
without a certification/qualification program as well as the
form that notifies MSHA that specific individuals have specific
training. Without this form, MSHA would be unable to certify or
qualify any miner for specified jobs in states without
certification/qualification programs or as hoisting engineers or
hoist men. The burdens on mine operators in states without
certification/qualification programs could be significant
because they would not be able operate mines safely or
effectively, or maybe not at all, under the Mine Act.
7. Explain any special circumstances that would cause an information collection
to be conducted in a manner:
• requiring respondents to report information to the agency more often
than quarterly;

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· requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it;
· requiring respondents to submit more than an original and two copies of
any document;
· requiring respondents to retain records, other than health, medical,
government contract, grant-in-aid, or tax records for more than three years;
· in connection with a statistical survey, that is not designed to produce
valid and reliable results that can be generalized to the universe of study;
· requiring the use of a statistical data classification that has not been
reviewed and approved by OMB;
· that includes a pledge of confidentiality that is not supported by
authority established in statute or regulation, that is not supported by
disclosure and data security policies that are consistent with the pledge, or
which unnecessarily impedes sharing of data with other agencies for compatible
confidential use; or
· requiring respondents to submit proprietary trade secret, or other
confidential information unless the agency can demonstrate that it has instituted
procedures to protect the information's confidentiality to the extent permitted by
law.

This collection of information is consistent with the guidelines
in 5 C.F.R. § 1320.5.
8. If applicable, provide a copy and identify the data and page number of
publication in the Federal Register of the agency's notice, required by
5 CFR
1320.8(d), soliciting comments on the information collection prior to submission
to OMB. Summarize public comments received in response to that notice and
describe actions taken by the agency in response to these comments. Specifically
address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views
on the availability of data, frequency of collection, the clarity of instructions
and recordkeeping, disclosure, or reporting format (if any), and on the data
elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained
or those who must compile records should occur at least once every 3 years -- even
if the collection of information activity is the same as in prior periods.
There may be circumstances that may preclude consultation in a specific
situation. These circumstances should be explained.

MSHA published a 60-day preclearance
December 11, 2007 (Volume 72, Number
soliciting public comments regarding
information collection. No comments
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Federal Register notice on
237, Pages 70349-70350),
the extension of this
were received.

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9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.

MSHA does not provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the
basis for the assurance in statute, regulation, or agency policy.

There is no assurance of confidentiality provided to respondents
for certification or qualification other than nondisclosure of
personal privacy information. This would include the
applicant’s name and address. A nine digit MSHA Individual
identification Number (MIIN) will be assigned by MSHA for the
purpose of identification. MSHA requires the miner’s address to
mail the miner his or her certification or qualification card.
Instructions as to the expected content, format, and required
training are included with the form.
To the extent that records are kept by the agency, they are
covered by a Privacy Act notice published in the Federal
Register. Manual records are stored in locked files and are
accessible only to authorized personnel during working hours.
Form 5000-41 is a Privacy Act record. Files are posted with the
appropriate Privacy Act warning. During working hours, only
authorized personnel have access to the files.

11. Provide additional justification for any questions of a sensitive nature,
such as sexual behavior and attitudes, religious beliefs, and other matters that
are commonly considered private. This justification should include the reasons
why the agency considers the questions necessary, the specific uses to be made of
the information, the explanation to be given to persons form whom the information
is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
statement should:

·

The

Indicate the number of respondents, frequency of response, annual
hour burden, and an explanation of how the burden was estimated.
Unless directed to do so, agencies should not conduct special surveys
to obtain information on which to base hour burden estimates.
Consultation with a sample (fewer than 10) of potential respondents
is desirable. If the hour burden on respondents is expected to vary
widely because of differences in activity, size, or complexity, show

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the range of estimated hour burden, and explain the reasons for the
variance. Generally, estimates should not include burden hours for
customary and usual business practices.

·

If this request for approval covers more than one form, provide
separate hour burden estimates for each form and aggregate the hour
burdens in Item 13 of OMB Form 83-I.

·

Provide estimates of annualized cost to respondents for the hour
burdens for collections of information, identifying and using
appropriate wage rate categories. The cost of contracting out or
paying outside parties for information collection activities should
not be included here. Instead, this cost should be included in Item
14.

Training Plans
There are approximately 901 surface and 820 underground coal
mines, a total of 1,721 mines. Each operator is required to
maintain a list of certified and qualified persons who are
required to perform certain jobs. Each coal mine operator
normally updates the list each quarter. The estimated time per
response to update the list of certified and qualified persons
is 5 minutes (0.083 of an hour). Also, the operator has to
provide a training program that is approved by the Secretary to
train and retrain both qualified and certified persons. MSHA
estimates that each training plan takes 8 hours to develop. An
additional 0.5 hours per plan is spent copying and mailing the
plans.
1,721 coal mines x 8 hrs per training plan = 13,768 hours
1,721 coal mines x 4 updates/year x 0.083 hour = 571 hours
1,721 plans x 0.5 hours/plan to copy/mail = 861 hrs.
TOTAL BURDEN HOURS:
15,200 hours
MSHA estimates that a mine supervisor will develop the training
plans, update the certified/qualified person lists, and post the
required items at an hourly rate of $68.78. Training plan
copying and mailing will be done by a secretary at an hourly
rate of $ $26.08. [Hourly wage rates obtained from information
received by U.S. Coal Mine Salary, Wages, Benefits Survey
Results]
13,768 hrs for plan development x $68.78/hr
= $
861 hrs copying/mailing training plans x $26.08/hr = $
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946,963
22,455

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571 hrs to update lists x $68.78/hr

= $
39,273
Total Cost:

MSHA Form 5000-41
MSHA received 711 forms (5000-41) covering 1,197 miners during
fiscal year 2006.
The information collected on the Form 5000-41 is readily
available to the mine operator from employee records.
Additionally, on average, each 5000-41 will include only about
two (2) miners seeking certification (1,197 miners divided by
711 forms). MSHA personnel are estimating that it will take
approximately 10 minutes (.1666 hours) to complete the
electronic version of Form 5000-41 and 17 minutes (.283 hours)
to complete and mail the hard copy version of Form 5000-41. Of
the 711 forms submitted, 395 forms were submitted electronically
and 316 were mailed. The burden estimated by MSHA is based on
MSHA’s knowledge of the mining industry and MSHA’s frequent
interaction with the mining industry. MSHA employees who have
previously worked for the mining industry have substantiated
this estimation. Accordingly, the hour burden is calculated as
follows:
316 forms(hard copy) x .283
395 forms(electronic)x .1666
Total Hours

= 89 hours
= 66 hours
= 155 hours

Cost = 155 x $68.78 = $10,661
Total Burden Hours = 15,200 + 155 = 15,355
Total Cost = $1,008,691 + $10,661 = $1,019,352
13. Provide an estimate of the total annual cost burden to respondents or
recordkeepers resulting from the collection of information. (Do not include the
cost of any hour burden shown in Items 12 and 14).

·

The cost estimate should be split into two components: (a) a total
capital and start-up cost component (annualized over its expected
useful life); and (b) a total operation and maintenance and purchase
of services component. The estimates should take into account costs
associated with generating, maintaining, and disclosing or providing
the information. Include descriptions of methods used to estimate
major cost factors including system and technology acquisition,
expected useful life of capital equipment, the discount rate(s), and
the time period over which costs will be incurred. Capital and

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= $1,

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start-up costs include, among other items, preparations for
collecting information such as purchasing computers and software;
monitoring, sampling, drilling and testing equipment; and record
storage facilities.

·

If cost estimates are expected to vary widely, agencies should
present ranges of cost burdens and explain the reasons for the
variance. The cost of purchasing or contracting out information
collection services should be a part of this cost burden estimate.
In developing cost burden estimates, agencies may consult with a
sample of respondents (fewer than 10), utilize the 60-day pre-OMB
submission public comment process and use existing economic or
regulatory impact analysis associated with the rulemaking containing
the information collection, as appropriate.

·

Generally, estimates should not include purchases of equipment or
services, or portions thereof, made: (1) prior to October 1, 1995,
(2) to achieve regulatory compliance with requirements not associated
with the information collection, (3) for reasons other than to
provide information or keep records for the government, or (4) as
part of customary and usual business or private practices.

The cost of mailing the forms to MSHA is $0.41 each.
Accordingly, the annual postage cost is estimated as follows:
Priority Mail Envelope is $4.60 and Regular Envelope is $0.41
316 forms x $0.41 per form
1,721 plans x $4.60 per plan

= $ 130
= $7,917

Total Burden Cost

= $8,047

14. Provide estimates of annualized cost to the Federal government. Also,
provide a description of the method used to estimate cost, which should include
quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff), and any other expense that would not have been
incurred without this collection of information. Agencies also may aggregate cost
estimates from Items 12, 13, and 14 in a single table.

MSHA enforcement personnel examine the records during routine
inspections; therefore, no cost is incurred by inspection
personnel.

15. Explain the reasons for any program changes or adjustments reporting in Items
13 or 14 of the OMB Form 83-I.

The decrease in burden hours (from 17,567 to 15,355) is due to a
decrease in the number of respondents (from 1,989 to 1,721).
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This is due to a decrease in the number of coal mines.
increase in costs results from increased postage fees.

The

16. For collections of information whose results will be published, outline plans
for tabulation, and publication. Address any complex analytical techniques that
will be used. Provide the time schedule for the entire project, including
beginning and ending dates of the collection of information, completion of report,
publication dates, and other actions.

MSHA does not intend to publish the results of this information
collection.
17. If seeking approval to not display the expiration date for OMB approval of
the information collection, explain the reasons that display would be
inappropriate.

MSHA will display the expiration date on the OMB approved form.
18. Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submission," of OMB 83-I.

B.

Collection of Information Employment Statistical
Methods

Collection of information does not employ statistical methods.

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Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164

An Act
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled. That this Act may be cited as the "Federal Mine Safety and Health Act of
1977".

TITLE I--GENERAL
MANDATORY SAFETY AND HEALTH STANDARDS
SEC. 101. (a) The Secretary shall by rule in accordance with
procedures set forth in this section and in accordance with
section 553 of title 5, United States Code (without regard to
any reference in such section to sections 556 and 557 of such
title), develop, promulgate, and revise as may be appropriate,
improved mandatory health or safety standards for the protection
of life and prevention of injuries in coal or other mines.
SEC. 103. (a) Authorized representatives of the Secretary or the
Secretary of Health, Education, and Welfare shall make frequent
inspections and investigations in coal or other mines each year
for the purpose of (1) obtaining, utilizing, and disseminating
information relating to health and safety conditions, the causes
of accidents, and the causes of diseases and physical
impairments originating in such mines, (2) gathering information
with respect to mandatory health or safety standards..

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30 CFR § 75.100
Certified person.
(a) The provisions of Subpart D--Ventilation of this Part 75 require that certain examinations and
tests be made by a certified person. A certified person within the meaning of those provisions is a
person who has been certified as a mine foreman (mine manager), an assistant mine foreman
(section foreman), or a preshift examiner (mine examiner). A person who has been so certified is
also a qualified person within the meaning of those provisions of Subpart D of this part which
require that certain tests be made by a qualified person and within the meaning of §75.1106.
(b) A person who is certified as a mine foreman, an assistant mine foreman, or a preshift
examiner by the State in which the coal mine is located is, to the extent of the State's
certification, a certified person within the meaning of the provisions of Subpart D of this part and
§75.1106 referred to in paragraph (a) of this section.
(c)(1) The Secretary may certify persons in the categories of mine foreman, assistant mine
foreman, and preshift examiner whenever the State in which persons are presently employed in
these categories does not provide for such certification. A person's initial certification by MSHA
is valid for as long as the person continues to satisfy the requirements necessary to obtain the
certification and is employed at the same coal mine or by the same independent contractor. The
mine operator or independent contractor shall make an application which satisfactorily shows
that each such person has had at least 2 years underground experience in a coal mine, and has
held the position of mine foreman, assistant mine foreman, or preshift examiner for a period of 6
months immediately preceding the filing of the application, and is qualified to test for methane
and for oxygen deficiency. Applications for Secretarial certification should be submitted in
writing to the Health and Safety Activity, Mine Safety and Health Administration, Certification
and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colorado 80225.
(2) A person certified by the Secretary under this paragraph will be a certified person, within the
meaning of the provisions for Subpart D of this part and [35 FR 17890, Nov. 20, 1970, as
amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30514, July 20, 1989]

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30 CFR § 75.155
Qualified hoisting engineer; qualifications.
(a)(1) A person is a qualified hoisting engineer within the provisions of Subpart O of this part,
for the purpose of operating a steam-driven hoist in a coal mine, if he has at least 1 year
experience as an engineer in a steam-driven hoisting plant and is qualified by the State in which
the mine is located as a steam-hoisting engineer; or
(2) If a State has no program for qualifying persons as steam-hoisting engineers, the Secretary
may qualify persons for this purpose if the operator of the coal mine in which such persons are
employed, or the independent contractor, makes an application and a satisfactory showing that
each such person has had 1 year experience in operating steam-driven hoists and has held the
position of hoisting engineer for a period of 6 months immediately preceding the application. A
person's qualification is valid for as long as this person continues to satisfy the requirements
necessary for qualification and is employed at the same coal mine or by the same independent
contractor.
(b)(1) A person is a qualified hoisting engineer within the provisions of Subpart O of this part,
for the purpose of operating an electrically driven hoist in a coal mine, if he has at least 1 year
experience operating a hoist plant in a mine or maintaining electric-hoist equipment in a mine
and is qualified by the State in which the mine is located as an electric-hoisting engineer; or
(2) If a State has no program for qualifying persons as electric-hoisting engineers, the Secretary
may qualify persons for this purpose if the operator of the coal mine in which such persons are
employed, or the independent contractor, makes an application and a satisfactory showing that
each such person has had 1 year experience in operating electric-driven hoists and has held the
position of hoisting engineer for a period of 6 months immediately preceding the application. A
person's qualification is valid for as long as this person continues to satisfy the requirements for
qualification and is employed at the same coal mine or by the same independent contractor.
(c) Applications for Secretarial qualification should be submitted to the Health and Safety
Activity, Mine Safety and Health Administration, Certification and Qualification Center, P.O.
Box 25367, Denver Federal Center, Denver, Colo. 80225.
[35 FR 17894, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
1989]

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30 CFR § 75.159
Records of certified and qualified persons.
The operator of each coal mine shall maintain a list of all certified and qualified persons
designated to perform duties under this Part 75.
[35 FR 17890, Nov. 20, 1970, as amended at 47 FR 14706, Apr. 6, 1982; 60 FR 33719, June 29,
1995]

30 CFR § 75.160
Training programs.
[Statutory Provision]
Every operator of a coal mine shall provide a program, approved by the Secretary, of training
and retraining of both qualified and certified persons needed to carry out functions prescribed in
the Act.
30 CFR § 75.161
Plans for training programs
Each operator must submit to the district manager, of the Coal Mine Safety and Health District in
which the mine is located, a program or plan setting forth what, when, how, and where the
operator will train and retrain persons whose work assignments require that they be certified or
qualified. The program must provide-(a) For certified persons, annual training courses in first aid, principles of mine rescue, and the
provisions of this part 75; and
(b) For qualified persons, annual courses in performance of the task which they perform as
qualified persons.
[53 FR 10336, Mar. 30, 1988]
SOURCE: 53 FR 2375, Jan. 27, 1988, unless otherwise noted.

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30 CFR § 77.100
Certified person.
(a)(1) The provisions of this Part 77 require that certain examinations and tests be made by a
certified person. A certified person within the meaning of these provisions is a person who has
been certified in accordance with the provisions of paragraph (b) of this §77.100 to perform the
duties, and make the examinations and tests which are required by this Part 77 to be performed
by a certified person.
(2) A person who has been so certified shall also be considered to be a qualified person within
the meaning of those provisions of this Part 77 which require that certain examinations, tests and
duties be performed by a qualified person, except those provisions in Subparts F, G, H, I, and J
of this part relating to performance of electrical work.
(b) Pending issuance of Federal standards, a person will be considered, to the extent of the
certification, a certified person to make examinations, tests and perform duties which are
required by this Part 77 to be performed by a certified person:
(1) If he has been certified for such purpose by the State in which the coal mine is located; or
(2) If this person has been certified for such purpose by the Secretary. A person's initial
certification is valid for as long as the person continues to satisfy the requirements necessary to
obtain the certification and is employed at the same coal mine or by the same independent
contractor. The mine operator or independent contractor shall make an application which
satisfactorily shows that each such person has had at least 2 years experience at a coal mine or
equivalent experience, and that each such person demonstrates to the satisfaction of an
authorized representative of the Secretary that such person is able and competent to test for
oxygen deficiency with a permissible flame safety lamp, or any other device approved by the
Secretary and to test for methane with a portable methane detector approved by the Bureau of
Mines, MESA, or MSHA, under Part 22 of this Chapter (Bureau of Mines Schedule 8C), and to
perform such other duties for which application for certification is made. Applications for
certification by the Secretary should be submitted in writing to the Mine Safety and Health
Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center,
Denver, Colorado 80225.
[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
1989]

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30 CFR § 77.105
Qualified hoistman; slope or shaft sinking operation; qualifications.
(a)(1) A person is a qualified hoistman within the provisions of Subpart T of this part, for the
purpose of operating a hoist at a slope or shaft sinking operation if he has at least 1 year
experience operating a hoist plant or maintaining hoist equipment and is qualified by any State as
a hoistman or its equivalency, or
(2) If a State has no program for qualifying persons as hoistmen, the Secretary may qualify
persons if the operator of the slope or shaft-sinking operation makes an application and a
satisfactory showing that the person has had 1 year of experience operating hoists. A person's
qualification is valid for as long as the person continues to satisfy the requirements for
qualification and is employed at the same coal mine or by the same independent contractor.
(b) Applications for Secretarial qualification should be submitted to the Mine Safety and Health
Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center,
Denver, Colo. 80225.
[36 FR 9364, May 22, 1971, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20,
1989]

30 CFR § 77.106
Records of certified and qualified persons.
The operator of each coal mine shall maintain a list of all certified and qualified persons
designated to perform duties under this Part 77.
(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[36 FR 9364, May 22, 1971, as amended at 47 FR 14706, Apr. 6, 1982; 60 FR 33719, June 29,
1995]

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30 CFR § 77.107
Training programs.
Every operator of a coal mine shall provide a program, approved by the Secretary, of training
and retraining both qualified and certified persons needed to carry out functions prescribed in the
Act.
30 CFR § 77.107-1
Plans for training programs.

77.107-1 Plans for training programs.
Each operator must submit to the district manager, of the Coal Mine Safety and Health District in
which the mine is located, a program or plan setting forth what, when, how, and where the
operator will train and retrain persons whose work assignments require that they be certified or
qualified. The program must provide-(a) For certified persons, annual training courses in the tasks and duties which they perform as
certified persons, first aid, and the provisions of this part 77; and
(b) For qualified persons, annual courses in performance of the tasks which they perform as
qualified persons.
[63 FR 53761, Oct. 6, 1998 effective Oct.6, 1999]

February 2008
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