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MSHA - Protecting Miners'
Safety and Health Since 1978

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Program
Policy Manual

VOLUME III

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

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

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

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

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

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

All health and safety standards must be
observed.

48.6/48.26 Experienced Miner
Training
site and may involve performance of actual job tasks. Guidelines for job
site training are set out under Sections 48.5/48.25 above.

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

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

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

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

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

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

Refresher Training Following an Absence
The following
training is required for experienced miners as defined in Sections 48.2(b)/48.22(b) who return to work
following an absence:

1. When an experienced miner returns to the same mine following an
absence of 12 months or less, the mine operator must provide annual
refresher training based on the miner's original schedule before the
absence. The miner must complete annual refresher training before
starting work, if the miner missed that training during the absence.
Also, the miner must receive training that covers major changes
affecting safety or health that have occurred at the mine, before the
miner starts work. This training may be credited toward the miner's
annual refresher training.

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

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

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

In order to
accommodate unforeseeable events, district managers may consider requests
for limited extensions of time to complete annual refresher training. Such
requests will be considered on a case-by-case basis, and be granted only
if:

1. The miners involved are experienced, as defined by Sections 48.2(b)/48.22(b).

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

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

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

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

Annual Refresher
Guidelines for Training Plans
An effective refresher training
program must be adapted to changes in mining conditions, accident history,
and other training concerns. Time spent for each course may vary to meet
specific needs. The following guidelines should be used to evaluate
provisions for annual refresher training:

1. The required annual refresher training courses listed in Sections
48.8/48.28 that are not
applicable to a particular mine may be omitted from that mine's training
plan. A notation of which courses are not applicable should appear in
the training plan.

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

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

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

48.9/48.29 Records of
Training

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

conducted each time a person enters a different
mine.

Examples of Appropriate Training
Although the
amount of required training may vary, the following are examples of
appropriate training:

1. Employees of Equipment Manufacturers

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

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

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

2.
Labor, Management or Government Officials

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

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

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

3. Customers and Delivery Persons

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

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

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

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

4. Other
Visitors

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

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

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