MSHA Part 46 Basics


Learning all about MSHA requirements

We have a complete list of Part 46 Record Forms and Certificates

1. The Documentation (Records) required for Part 46

  1. Name of Operator, the Name of the Mine, and the MSHA Identification Number
  2. The name of the person(s) responsible safety training
  3. A general description of your MSHA safety program, course materials, subject areas, and the approximate time range for each subject
  4. The list of persons/companies that will provide the training and subject areas each is competent to instruct.
  5. The Evaluation that is used to determine the effectiveness of the training.

If there is no miners representative present, you must give a written copy of this EFS to each miner present at least 2 weeks before it is implemented (and submitted to MSHA), and another copy 1 week after the plans approval.

2. Training Records (Kept by Operator)

Your operator has to record the training sessions including :

  1. New Miner Training
  2. Inexperienced Miner Training (According to Task)
  3. Annual Refresher Training
  4. Site-Specific Hazard Awareness Training
      1. Note : You do not have to produce records for the training of non-miners, but you do have to produce evidence that the training took place.  You can do this with written topics signed by the employees, a log book of the attendee’s, signs, videos, etc  In essence, your responsibility is to provide proof that you made a sufficient attempt to alert your employees to the hazards around them.
  5. The Duration of those Trainings
  6. The Date that the Training took place
  7. The Name of the “Competent Persons” which administered the training
  8. The Name of the Mine, or Independent Contractor
  9. The Mine ID or Contractor ID if any (Assigned by MSHA)
  10. The Location of the Training (If different from the jobsite)
  11. A statement reading the following “False certification is punishable under sections 110(a) and of the Federal Mine Safety Act”
  12. A statement signed by the person designated in the MSHA approved training plan, who is the one responsible for your safety training, this should state “I certify that the above training has been completed.”

The Following Training Sessions MUST be record by the operator :
- For a new miner, training must be recorded after the 4 hours of training required by 46.5(b), and it needs to be recorded BEFORE the trainer starts working.

      1. within 60 calendar days after the minder begins work at the mine for training required by 46.5©
      2. within 90 calendar days after the miner begins working at the mine for a balance of the 24 hours as required by 46.6©

- After new task training is provided, training sessions must be recorded.
            - Training Sessions must be recorded after each session of annual refresher training or at the complete of a minimum of 8 hours of annual refresher training
            - Training Sessions must be recorded after site-specific hazard awareness training is provided to miners.

The Operator is responsible for making sure that all records are certified for the designated person responsible for health and safety training.  He is also responsible for making sure that each miner receives a copy of these upon completion of 24 hours of new miner training, if they are newly hired but experience, give them to them after the appropriate training.  If they are annual refresher training, provide them right after the training, and at least once every 12 months for NEW TASK Training.  All copies must be given at any time if requested by a miner.  Copies must also be provided at the end of any site-specific hazard awareness training.

The operator should ensure that copies of training records and the accompanied certificates are on record to be made available by MSHA and/or Miners. Initial training must be maintained for all current miners.  Annual refresher training records need to be kept for 2 years.  Any copies of miner training records should be provided tot he miner at the end of his or her employment if they ask.

3. Rules for Implementing an MSHA Training Plan

The Operator is also responsible to ensure that each program, course, or training sessions is conducted according to the written training plan, it also must be present by a competent person, and presented in a language that is easily understood by ALL recipients.  Training Sessions, Courses, and Programs MUST be presented during work hours, and at the NORMAL RATE OF PAY.  Independent Contractors who employ miners have the responsibility to give the employees new miner training, newly hired experienced miner training, annual refresher training, and task training.

4. Rules for giving New Miner Training.

New Miner Training must be given 4 hours of training in the following subjects BEFORE he can begin work.

      1. A site tour and environment tour.
      2. Pointing out electrical and any other associated hazards.
      3. Medical Emergency Procedures, fire drills, warning signals, and firefighting procedures.
      4. For all tasks that he will be assigned to, he must be shown the health and safety aspects of that task. (Practice under the close supervision of a competent person may be used to fulfill the requirement for training on the health and safety aspects of assigned tasks)
      5. The Statutory rights of miners and their representatives
      6. The Authority and the responsibility of the supervisors, operators, and the miners representatives.
      7. An introduction to the procedures of reporting hazards.

The New miner must be given self-rescue and respiratory devices and first-aid training no later than 60 CALENDAR DAYS after he begins work.

5. The Rules and Requirements for Newly Hired Experienced Miner Training

Before a new hire begins working at a mine, the operator is responsible for facilitating the following :

      1. A site tour and environment tour.
      2. Pointing out electrical and any other associated hazards.
      3. Medical Emergency Procedures, fire drills, warning signals, and firefighting procedures.
      4. For all tasks that he will be assigned to, he must be shown the health and safety aspects of that task. (Practice under the close supervision of a competent person may be used to fulfill the requirement for training on the health and safety aspects of assigned tasks)
      5. The Statutory rights of miners and their representatives
      6. The Authority and the responsibility of the supervisors, operators, and the miners representatives.
      7. An introduction to the procedures of reporting hazards.

Self Rescue and Respiratory Devices (if applicable) must be provided no later than 60 days after he begins work at the mine.  There is no specified amount of time for Newly Hired Experienced Miner Training.

6. Training for New Tasks

Basically, it is your responsibility to provide a miner who is assigned to a new task training in the health and safety aspects and safe work procedures of that task BEFORE he is reassigned to that task where they have no experience OR when changes are made to his current task that add new health and safety risks.

If the miner has received training in a similar task and he can demonstrate that he has the skills to perform the task in a safe and healthful manner, the operator is not required to provide new task training.  You can determine this by observing this in person.

Again, the requirements for new task training can be fulfilled by having the miner practice the new task under the close observation of a competent person in that task.  Hazard Recognition must be given before miner begins work in the new task.

7. Requirements and Procedures for Annual Refresher Training

Every year (12 Months) the operator and mine is responsible for proving 8 hours of annual refresher training.

Refresher training must include training on changes at the mine that could affect the miner’s health and safety, as well as subjects that are relevant to mining operations at the mine.

8. Site-Specific Hazard Awareness Training

Site Specific Hazard Awareness Training can be a beast in and of itself, but it is important to remember that this is required just as much as new miner or new task training.

It is difficult to understand the specifics of S.S.H.A.T. and who must receive this training, so just assume that anyone who enters these hazardous areas MUST receive it.  Under 46.2 anyone who is not a miner but is present must be provided S.S.H.A.T.  This includes office personnel, staff, delivery personnel, construction employees, etc.    Any employee who moves from site to site but has a single employer must also receive S.S.H.A.T.

It is the production operator who has the primary responsibility of making sure S.S.H.A.T. is given to all employees required.  Note that S.S.H.A.T. is not required if the person is accompanied at all times by a competent person.  You can include a walkaround, oral instruction, video presentation, or any other appropriate ways to administer S.S.H.A.T. but the following are REQUIRED :

      1. Information on the hazards that a person could be exposed to.
      2. Emergency Procedures
      3. Health and Safety risks, such as unique geological conditions
      4. Avoidance of hazards (electrical, traffic patterns and restricted areas)
      5. Any warning or evacuation signals, procedures and other special procedures.

S.S.H.A.T. is required for employees of contractors who are working on the site.  This is the responsibility of the production operator.  Independent contractors who employ miners are responsible for comprehensive training.

Violation Penalties

Generally speaking, anyone who does not have the proper training will be removed from the mine site under MSHA  Section 104(g)(1) withdrawal forms.

 
 

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