National Stone Association Environment, Safety,

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National Stone Association Environment,
Safety, Health Forum

• MSHAs New Part 46 Training Rule

Frank Cone, CMSP
Safety Manager - Minerals Division
Tarmac America, Inc.
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• Statutory Requirements
• Definitions
• Training Plans
• Training Programs
• Independent Contractors
• Records and Certificates of Training
• MSHA Enforcement
• Developing a Lesson Plan
• Part 46 Quiz

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Statutory Requirements

• You must have an approved health and safety
  program
• Each approved training program for new
  (inexperienced) surface miners must provide at
  least 24 hours of training in specified courses,
  including
• 1. Statutory rights of miners and
  their representatives (before work
  begins)

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Statutory Requirements (continued)

• 2. Use of self rescue and respiratory
  devices, where appropriate (within 60 days)
• 3. Hazard recognition (before work begins)
• 4. Emergency procedures (before work begins)
• 5. Electrical hazards (before work begins)

5
Statutory Requirements (continued)

• 6. First aid (within 60 days)
• 7. Walkaround training (before work
  begins)
• 8. Health and safety aspects of
  assigned tasks (before work begins)
• You must provide at least 8 hours of refresher
  training every 12 months
• Miners must receive task training prior to
  performing task

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Statutory Requirements (continued)

• You must provide new miner training and new task
  training to include a period of training as
  closely related as practical to the miners
  actual work assignment.
• You must provide training during normal working
  hours.
• Miners must be compensated at normal rate and
  reimbursed for any incurred costs.
• You must certify training on an approved form.

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Statutory Requirements (continued)

• You must maintain copy of training certificates
  and make available for inspection at the mine
  site.
• You must give copy of training certificate to
  each miner at the completion of training.
• Each miner is entitled to copy of certificate
  when leaving operators employment.
• False certification that training was given is
  punishable under the Act.
• Each training certificate must indicate that such
  false certification is so punishable.

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Definitions

• Competent person - must have sufficient ability,
  training, knowledge, or experience in a specific
  area to effectively communicate the training
  subject to miners and evaluate whether the
  training was effectively communicated
• Equivalent experience - person performed duties
  similar to duties performed in mining operations
• Experienced miner - several criteria based upon
  date of hire and previous work experience
• Independent contractor - person or persons
  performing services or construction at a mine
  within the definition of the term operator.
  Consistent with language in the Act

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Definitions (continued)

• Mine site - an area of the mine where mining
  operations occur
• Miner - a person who works at a mine and who is
  engaged in mining operations. Includes any
  operator, supervisor, or independent contractor
  (including construction workers exposed to
  hazards of mining operations) and their
  employees engaged in mining operations
• Mining operations - mine development, drilling,
  blasting, extraction,milling, crushing,
  screening, or sizing of material at a mine
  maintenance and repair of mining equipment and
  associated haulage of materials within the mine
  from these activities

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Definitions (continued)

• New miner - a person who is beginning employment
  as a miner with a production-operator or
  independent contractor and is not an
  experienced miner
• Newly hired experienced miner - experienced miner
  who is beginning employment with a
  production-operator or independent contractor
• Operator - any production-operator, or any
  independent contractor whose employees perform
  services at a mine
• Production operator - any owner, lessee, or other
  person who operates, controls, or supervises a
  mine actually operates the mine as a whole
• Task - a work assignment or component of a job
  that requires specific job knowledge or
  experience

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Part 46 Training Plan
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Training Plans (continued)

• It must address all five components of training
  being provided
• New (inexperienced) Miner
• Newly Hired Experienced Miner
• New Task Training
• Annual Refresher Training
• Site-Specific Hazard Awareness Training
• Must include specific information to be
  considered approved
• You must train according to your plan
• Must provide upon request

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Required Training Programs

• New (Inexperienced) Miner Training
• The final rule requires a minimum of four hours
  of training before work begins
• Specifies seven areas of instruction required
  before work begins
• Further training required in 60 and 90 day time
  periods
• Requirement remains for at least 24 hours of
  training
• Adopts approach of oversight by experienced
  miner until 24 hours are completed
• Also, close observation is required by
  competent person when a miner is utilizing
  practice for training on health and safety
  aspects of an assigned task

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Required Training Programs (continued)

• Newly Hired Experienced Miner Training
• Must receive training before beginning work
• Final rule specifies identical seven areas of
  instruction as required for new miner training
• There is no minimum length of time
• Instruction is required on the use, care, and
  maintenance of self rescue and respiratory
  devices within 60 days

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Required Training Programs (continued)

• New Task Training
• Final rule implements statutory provision
• Final rule does not include detailed requirements
  for task training but rather allows you the
  flexibility to design your program to meet your
  needs
• Newly hired employees must receive task training
• Close observation means that the competent
  person is in the immediate vicinity
• Must receive task training when reassigned to
  new task
• You must determine whether task training is
  needed
• You can credit task training toward New Miner
  Training during initial 90 days

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Required Training Programs (continued)

• Annual Refresher Training
• Final rule takes performance-oriented approach by
  allowing you to direct resources to subjects that
  are relevant to your operation
• However, you must provide training on changes at
  the mine that could adversely affect the miners
  health or safety.
• Final rule lists additional subjects but they are
  recommendations and not mandatory
• There are no restrictions on duration of each
  training session, provided that each session is
  properly recorded and documented
• MSHA has no discretion to reduce minimum
  requirement of at least 8 hours of training

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Required Training Programs (continued)

• Site-Specific Hazard Awareness Training
• This training defined as information or
  instruction on hazards a person may be exposed to
  while on mine property
• You are required to provide this training to
  persons, not defined as miners, before they are
  exposed to mine hazards
• Employees of independent contractors, who are
  defined as miners, must receive training at mines
  where they work before being exposed to hazards
• You are not required to make a record of training
  for persons who are not miners but you must be
  able to demonstrate that you are in compliance

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Subjects required before beginning work

• You must provide the miner with no less than 4
  hours of training (before work begins) in the
  following subjects, which must also address
  site-specific hazards
• 1. An introduction to the work environment,
  including tour of mine (walkaround training).
  Method of mining explained and observed
• 2. Instruction on recognition and avoidance of
  electrical hazards and other hazards such as
  traffic patterns and control, mobile equipment,
  ground controls, etc.
• 3. A review of the emergency medical procedures,
  escape and emergency evacuation plans,
  firewarning signals and firefighting procedures
• 4. Instruction on the health and safety aspects
  of the tasks assigned, including the safe work
  procedures and mandatory health and safety
  standards pertinent to such tasks.
• 5. Instruction on the statutory rights of miners
  and their
  representatives under the Act

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Subjects (continued)

• 6. A review and description of the line of
  authority of supervisors and miners
  representatives and their responsibilities
• 7. An introduction to your rules and procedures
  for reporting hazards.
• No Later than 60 Days
• 8. Instruction and demonstration on the use,
  care, and maintenance of self-rescue and
  respiratory devices, if used at the mine
• 9. A review of first aid methods
• No later than 90 days
• 10. The balance, if any, of the 24 hours of
  training on other subjects that promote
  occupational safety and health for miners at the
  mine.

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Responsibility for Independent Contractor Training

• They are responsible for comprehensive training
  to their employees
• Most knowledgeable of their tasks
• Production-operators responsible for
  site-specific hazard awareness training
• MSHAs policy provides that production-operator
  has overall compliance

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Records Certificates of Training

• Final rule references both training records and
  training certificates
• Must maintain new miner training records for
  duration of employment
• May use alternate forms
• Must be verified by person with overall
  responsibility for safety program
• No requirement to keep record of site-specific
  training for non miners
• Individual trained no longer required to sign
  certificate

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MSHA Enforcement of the Final Rule

• Will review your health and safety training plans
  at mine site during normal inspection cycle
• Inspectors and other MSHA personnel who review
  your plan would simply determine
• (1) That you in fact have developed a written
  training plan
• (2) That your written plan contains at a minimum
  the information specified in final rule
• (3) That your plan is being implemented
  consistent with the plan specifications
• Educational Field Services personnel do not have
  an AR card

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MSHA Enforcement of the Final Rule (continued)

• If MSHA determines that you have not implemented
  an effective training program, a citation will be
  issued for a violation of 46.3(a) that
  indicates how and why the training program fails
  to meet this requirement
• If MSHA determines that an instructor (competent
  person) lacks the ability to provide effective
  miner training, they will cite the mine operator
  for a violation of 46.4 of the final rule, for
  failing to designate a person who is competent to
  provide required training

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MSHA emphasizes the enhanced health and safety
benefits to miners resulting from final 46.3
(training plans), which allows them MSHA to focus
their resources on verification of plan execution
and assistance to you in providing effective
training at your mine, rather than on a paper
review and approval of training plans at our
offices. Likewise, you and training providers
can focus on the development of training plans
that address the health and safety concerns at
your operation, rather than on traditional
procedures to gain our approval.
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Developing a Lesson Plan (Sample
Plan)
TitleAn introduction to your
rules and procedures for reporting
hazards

• Learning objectives
• Employees will demonstrate their
  understanding of the company safety rules and
  how to properly report hazards for correction.
• Employees will understand how MSHA
  standards are organized and their importance
  in providing a safe and healthful workplace.
• Employees will practice strategies for
  using their knowledge of the safety rules and
  regulations to work safely and to improve safety
  health at their workplace.

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Lesson Plan (continued)

• Strategy
• Introduce the lesson by discussing a fatality
  in which the investigation revealed that
  failure to obey an established safety rule or
  how an uncorrected hazardous condition resulted
  in the death of a miner.
• Explain imminent danger conditions and the
  need to report these conditions to supervision
  immediately and withdraw from the area.
• Explain the responsibilities of miners to
  report unsafe conditions or practices in their
  work area to protect their safety and that of
  their coworkers.
• Have the participants compare their workplace
  to the one described in the investigation.

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Lesson Plan (continued)

• Strategy (continued)
• Review the procedures in the company rule book
  or safety manual for reporting and correcting
  safety and health hazards.
• Ask the participants to identify several
  unsafe conditions or practices that they
  believe are the most serious.
• Explain the function of the Employee Safety
  Committee and how unsafe conditions can be
  included on the committee safety report.

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Lesson Plan (continued)

• Performance assessment and evaluation methods
• Have trainee define an imminent danger
  condition.
• Get trainees to verbally describe the
  procedures for reporting and correcting safety
  and health hazards.
• Trainees will take a quiz to demonstrate that
  they understand the company safety rules and the
  regulations in 30 CFR. A passing grade of 80
  is required.

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Lesson Plan (continued) Reporting Procedures

• Report hazardous working conditions, defective
  tools or equipment, or unsafe acts to your
  supervisor promptly.
• 56.18002 A competent person designated by the
  operator shall examine each working place at
  least once each shift for conditions which may
  adversely affect safety or health. The operator
  shall promptly initiate appropriate action to
  correct such conditions.
• Report safety items during the Safety Committee
  inspection.
• All equipment operators are required to conduct a
  pre-shift inspection and complete the Operators
  Daily Report.

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Training Resources

• National Stone Association
• Private Consulting Firms
• State Trade Associations
• State Grants Fund
• Mine Health Safety Academy (Beckley,WV)

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Training Resources (continued)MSHAs Educational
Field Services
Eastern Regional Manager
Jesse P. Cole
1301 Airport
Road
Beaver, WV 25813-9426
Telephone[phone]
Fax[phone]
Emailjpcole_at_msha.gov

Western Regional Manager
Roderic M. Breland

P.O.Box 25367
Denver, CO
80225-0367
Telephone[phone]
Fax[phone]
Emailbreland_at_msha.gov
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Test Your Knowledge Of The New Rule
Part 46 Quiz

• 1. The following persons are defined as miners in
  the final rule
• a. Construction workers building a new crusher
  at an active mine.
• b. Independent contractors removing overburden
  in an area of an active mine that is being
  developed.
• c. Independent contractor removing overburden
  at a site where a mine is being constructed.
• d. Engineer surveying land for a new mine.
• e. a, b, and c

e. (a, b, and c)
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• a. construction workers who are at an active
  mine site will be exposed to significant hazards
  of mining and are also typically at the mine
  site for extended periods because of the nature
  of their work. For these reasons, the final
  rule now provides that construction workers who
  are exposed to hazards of mining operations are
  considered miners under the final rule. This
  means that construction workers who work in an
  active mine site are considered miners and must
  receive comprehensive training

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• b. and c. Mining operations is a slightly
  broader definition (than the definition found in
  the proposed rule for extraction or production)
  that includes mine development, drilling,
  blasting, extraction, milling, crushing,
  screening, or sizing of minerals at a mine
  The definition of mining operations includes
  mine development, to make clear that certain
  activities preliminary to extraction would be
  included.
• d. this would not include exploratory drilling,
  reconnaissance, search, or prospecting that takes
  place off of an existing mine

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2. The official implementation date is

• a. October 1, 2000
• b. March 31, 2000
• c. March 31, 2001
• d. October 2, 2000

d. October 2, 2000
The final rule takes effect one year after the
rules publication in the Federal Register,
giving the mining community an adequate period of
time in which to come into compliance with the
rules requirements.
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3. Which of the following meets the
definition of an experienced miner?

• a. began work at a mine on April 12, 1999
• b. began work as a miner on June 30, 1999 and has
  never received new miner training
• c. Began work at a mine on August 2, 2000 and
  previously worked at a mine for 7 months in 1998
  and 5 months in 1999
• d. began work on October 1, 2000 as a haul truck
  operator, and previously worked for a
  construction company as a truck driver for 16
  months

e. (a and c)
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• a.A person who is employed as a miner on April
  14, 1999.
• b.A person who began employment as a miner after
  April 14, 1999, but before October 2, 2000 and
  who has received new miner training
• c. A person who has at least 12 months of
  cumulative surface mining or equivalent
  experience on or before October 2, 2000.
• d. equivalent experience means work experience
  where the person performed 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.

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4. A competent person must have the ability,
training, knowledge, or experience to provide
training to miners in his or her area of
expertise and be able to communicate the training
subject effectively and.

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

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5. MSHA will accept which of the following
methods of evaluation of the effectiveness of
training by a competent person

• a. oral or written
• b. demonstration
• c. evaluate work practices
• d. all of the above

d. all of the above
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• Possible evaluation methods include
  administering written or oral tests to miners, or
  a demonstration by a miner that he or she can
  perform all required duties or tasks in a safe
  and healthful manner. You could also evaluate
  work practices to ensure that the miner retains
  and uses the skills, knowledge and ability to
  perform his or her duties safely

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6. T or F - Manufacturers representatives would
never fit the definition of a miner under part 46

• False

A manufacturers representative is a miner if
he or she is engaged in mining operations at mine
sites - such as maintaining or repairing
equipment - for frequent or extended periods
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7. T or F - Operators who are in compliance with
Part 48 automatically are exempt from citations
under Part 46

• False

The final rule does not allow operators the
option of complying with Part 48 in lieu of the
requirements of Part 46. We have concluded that
providing such an option would provide less
effective training and protection for the miners
working at your mines. Part 46 requires training
for construction workers and it takes a proactive
approach toward the training of independent
contractor employees that come onto mine
property.
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8. Maintenance and service employees who do not
work at a mine for frequent or extended periods
do not fall under the definition of a miner. How
does MSHA define extended
a.

• Extended exposure means exposure to mine
  hazards of more than five consecutive work days.
  Consequently, maintenance or service workers who
  are not at a mine site for frequent or extended
  periods would not be miners under the final
  rule.
• (MSHA intends that the terms frequent and
  extended have the same meaning as under part
  48. That is, frequent exposure is a pattern of
  exposure to mine hazards occurring intermittently
  and repeatedly over time)

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9. The rule mandates worker involvement in the
training plan approval process by requiring
operators to make available a copy of the
training plan to the miner or miners
representative within

• a. 30 days before implementation
• b. not later than 30 days after implementation
• c. 2 weeks before implementation
• d. not later than 2 weeks after implementation

c. 2 weeks before implementation
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10. Training plans must be prepared no later
than

• a. October 2, 2000
• b. October 1, 2000
• c. September 18, 2000
• d. March 31, 2001
• e. None of the above

c. September 18, 2000
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11. T or F - Site-specific hazard awareness
training will likely differ depending on the
tasks performed at the mine by the person
receiving the training?

• True

MSHA also intends 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.
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12. T or F - A training plan that states
instruction in first-aid will take from 1-2 hours
and which lists 6 possible competent persons when
only 2 of them will actually provide the training
is not acceptable to MSHA?

• False

It would be acceptable under the final rule for
the operator to include names of all potential
instructors in a particular subject, even though
the course will ultimately be taught by only one
of the instructors listed.
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13. MSHA inspectors, in evaluating training
plans, will try to determine

• a. if one exists at all
• b. if its contents meet the requirements of the
  rule
• c. if it is being implemented consistent with the
  plans specifications
• d. if it is being updated periodically to account
  for changes that occur at the mine
• e. a, b, and c

e. (a, b, and c)
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Inspectors and other MSHA personnel who review
your plan would simply determine --

• (1) That you in fact have developed a plan
• (2) That the written plan contains at a
  minimum the information specified in this
  section and
• (3) That the plan is being implemented
  consistent with the plan specifications

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14. Joe Baker, an experienced miner, was laid off
for 4 months but was called back to work at the
same mine. What training must he be given?

• a. training in the 9 subjects required for new
  miners within 60 days and refresher training
  within 90 days
• b. training in the 7 subjects required for new
  miners before he begins work and refresher
  training within 90 days
• c. the equivalent of new miner training only
  during his first full year back from the layoff
• d. training, before he begins work, on any
  changes at the mine that could affect his health
  and safety and all aspects of refresher training
  he missed during his absence, all within 90 days

d.
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if the newly hired experienced miner returns to
your mine after an absence of 12 months or less,
the final rule requires, that, before the miner
begins work, a competent person inform the miner
of changes at the mine that occurred during the
miners absence that could endanger his or her
safety or health.

• Consistent with this approach, the returning
  miner must receive any annual refresher training
  that was missed during his or her absence, no
  later than 90 days after the miner starts work.

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15. T or F - Newly hired experienced miners
returning to work after an absence of more than
12 months must receive a 4 hour block of
instruction before beginning work?

• False

the final rule does require that any experienced
miner returning to the same mine after an absence
greater than 12 months receive newly hired
experienced miner training under 46.6.
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16. Circle the letter of each situation below
that will require task training

• a. to the loader operator after the cab of her
  loader is retrofitted with controls that reduce
  noise and or dust exposure
• b. to a crusher operator whose duties have now
  been expanded to include maintenance
• c. to a haul truck driver whose truck has
  undergone an overhaul of the engine and
  modification of the operating controls
• d. to an office worker at the mine who has been
  assigned new duties that include being put in
  charge of the storage room

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b, and c

• a. An example of task training being required
  would be a change to a piece of equipment that
  increases the occupational noise or dust exposure
  levels for the miner who operates it.
• b. c. Task training is intended to ensure that
  miners receive new training before they are
  exposed to new health and safety hazards, so that
  they can avoid, control, or eliminate potential
  hazards as they perform their job. Such a change
  could involve a modification to a piece of
  equipment that introduces new potential safety
  hazards for the miner that operates the
  equipment.
• d. At some mines, there may be portions of mine
  property where no mining operations occur and
  where mining hazards are limited or nonexistent,
  such as an office building that is on mine
  property but is isolated from mining
  activitiesThe term mine site does not
  include such areas within its definition

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17. Yes or No - The Rock-On Mine shuts down each
spring for annual maintenance. Would the
operator be permitted to provide an 8 hour block
of refresher training instruction during this
time even though it may mean such training is
given 12 1/2 months after it was last given to
the miners?

• No

The Mine Act is very specific in its requirement
that miners receive no less than eight hours of
refresher training at least every twelve months
56
18. Yes or No - An NSA/MSHA noise and dust
workshop is held at the mine site. The middle
day of this three day event requires students to
enter the mine site and place monitoring
equipment on working miners. A day after it
concludes, an MSHA inspector shows up and asks to
see proof that each of these students, by name,
received site-specific hazard awareness training.
Is this request appropriate under the final rule?

• No

you are not required to make a record of
site-specific hazard awareness training under
46.11 for persons who are not miners under
46.2. However, you must be able to provide
evidence to us, upon request, that the training
was provided, such as by producing the training
materials that are used, the written information
distributed to persons upon their arrival at the
mine, or a visitor log book that reflects that
site-specific hazard awareness training has been
given.
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19. Yes or No - An operator insists on providing
site-specific hazard awareness training to an
MSHA inspector before the inspector leaves the
mine office, insisting hes required to do so
under the new rule. Is the operator correct?
No

• Although an argument could be made in favor of
  requiring government officials to receive hazard
  awareness training, (MSHA) believes that these
  factors are outweighed by the need for these
  officials to be unimpeded in the exercise of
  their duties at the mine site.

58
20. Yes or No - An operator and independent
contractor work out an arrangement whereby the
operator provides the independent contractor with
site-specific hazard awareness information at the
mine, and the independent contractor presents
this information to his or her employees who will
be working at the mine. Is this situation
acceptable or not?

• Yes

The final rule provides that production-operators
are primarily responsible for ensuring that
independent contractor employees receive required
site-specific hazard awareness training. This is
intended to clarify that production-operators do
not need to provide the training themselves but
must ensure that the training has been
given.production operators may provide
independent contractors with site-specific
information or training materials and arrange for
the contractor to provide training to the
contractors employees.
59
21. Identify, by circling the appropriate letter,
where record keeping-keeping violations of the
final rule have occurred.

• a. Missy Snyder quits her job at the mine to take
  another job. She is not given her training
  records/certificates by the operator when she
  leaves
• b. A miner completes annual refresher training
  and is not given his records/certifications by
  the operator
• c. As a housekeeping activity, an operator throws
  out refresher training records that are more than
  2 years old
• d. A miner asks for his task training record and
  is told that he has to wait until the end of the
  calendar year for it

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b and d

• a. you must give a miner a copy of his or her
  training records and certificates when the miner
  leaves your employ, upon the miners request.
• b. The final rule specifies that certifications
  and distribution of certificates to miners is
  required - (4) upon completion of 8 hours of
  annual refresher training
• c. The final rule requires you to maintain
  copies of training records and certificates for
  each currently employed miner during his or her
  employment, except records and certificates of
  annual refresher trainingwhich you must maintain
  for two years.
• d. operators may provide miners with copies of
  their task training certificates at 12 month
  intervals. However, in the event that a miner
  wishes a copy of the certificate of the task
  training that he or she has received before the
  12 month period has elapsed, the final rule
  provides that operators must provide a miner with
  a copy of the task training certificate upon
  request.

61
22. T or F - Miners are required to sign their
training certificates

• False

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 (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.
62
23. An operator experiences an emergency
shutdown, which requires miners to work on
Saturday, a nonscheduled work day. This same
operation schedules 8 hours of refresher training
for the following Saturday. The miners complain,
saying that scheduling the session on Saturday
violates the Part 46 rule. Who is right? The
operator or the miners?

• The miners

Training must be conducted during normal working
hours.
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Happy Training