Msha Part 48 Training Record by hui31400

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									       Title 30 CFR Part 48
           Training Plans
                and
     Associated Documentation




           A Final Paper

          Presented to the

           Faculty of the

       School of Engineering

    Kennedy-Western University




        In Partial Fulfillment

Of the Requirements for the Degree of

        Bachelor of Science

                  in

         Safety Engineering



                 by

           Ann Petersen

      Rock Springs, Wyoming
                                  Abstract

In order to comply with Title 30 CFR Part 48 regulations mine operators

must provide every miner with training, prior to their start of actual work

duties in a mine. This training will somewhat depend on the type of mine

and experience of the miner, but under no circumstances is it legal to

open a new mine or continue to operate an existing mine without a MSHA

approved Title 30 CFR Part 48 training plan. It is the intent of this paper to

provide anyone who finds themselves involved in the process of writing

such a plan with information they need to succeed in doing so.

        This information will make writing, submitting for approval and

administering a Part 48 plan much easier. Through out this paper you the

plan writer and administer will be introduced to the legal requirements of

what must be in a plan, a review of documentation that must accompany a

plan and a step by step guide of how to write such a plan and how to

submit it for MSHA approval. Because without an approved Part 48 plan

you do not have a mine and you run the risk of violating several federal

laws.
                  Table of Contents



CHAPTER 1   INTRODUCTION………………………………………..1

            Statement of the Problem………………………………2

            Purpose of the Study……………………………………2

            Importance of the Study……………………………......3

            Scope of the Study……………………………………...4

            Rationale of the Study…………………………………..4

            Definition of Terms………………………………………5

            Overview of the Study…………………………………..8

CHAPTER 2   REVIEW OF RELATED LITERATURE……………...11

CHAPTER 3   METHODOLOGY………………………………….…..42

            Approach …………………………….…………….…..42

            Data Gathering Method…...…………………………..42

            Database of the Study…………………………….…..43

            Validity of Data………………………………………....43

            Originality & Limitations of Data……………….....….43

            Summary…………………..……………………...…....44


CHAPTER 4   DATA ANALYSIS…………………............................45

CHAPTER 5   SUMMARY, CONCLUSIONS AND
            RECOMMENDATIONS…………………………….....78
                                                                            1




CHAPTER 1: INTRODUCTION



      A look at the history of mining and the progression of mining

legislation reveals that mining is an inherently dangerous occupation and

that the hazards encountered by miners vary widely from mine site to mine

site. Even though mining has become a much safer occupation, it is still

one of the most dangerous occupations in the United States. The slow but

steady reduction in mining fatalities over the last 100 years can be

attributed to many things including the efforts of the Mine Health and

Safety Administration, United States Department of Labor, Labor Unions

and mine operators.

      One of the leading factors in reducing mining injuries and deaths

was the implementation of MSHA’s Title 30 CFR Part 48 training

programs. Unfortunately, the creation and implementation of such a

program can be an overwhelming and daunting task, especially for

someone who is not familiar with MSHA and Title 30 CFR, Part 46, Part

48, 75 and Part 77.
                                                                               2




Statement of the Problem

       Since the inception of MSHA, it has been proven that the number

and severity of accidents, injuries and fatalities can be reduced through

training. The effectiveness of this training can be seen by reviewing the

type and severity of accidents, which involved a lack of training and the

overall reduction in total number of injuries and fatalities incurred by

miners each year (U.S. Department of Labor, Mine Safety and Health

Administration, 2004 e, f). One method of providing this training is through

MSHA mandated Title 30 CFR Part 48 training.



Purpose of the Study

       Unfortunately, if you are not extremely familiar with Mine Safety and

Health Act and its associated documents, it can be an intimidating task to

design and implement a Title 30 CFR Part 48 training plan. The intent of

this paper is to provide anyone not familiar with Mine Safety and Health

Act and Title 30 CFR Part 48 training a systematic guide of how to design,

submit for approval, and ultimately implement a Title CFR 30 Part 48

training plan. All aspects of designing a Title 30 CFR part 48 training plan

will be addressed including:

      A review of the MSHA Act of 1977.

      A review of the Title 30 CFR Part 48 requirements.
                                                                               3




      A review of the Program Policy Manual associated with Title 30

       CFR part 48.

      A step-by-step walk through of how to design a Title 30 CFR Part

       48 training plan.

      How to submit the training plan to MSHA for approval.

      A review of the requirements to become a Title CFR 30 Part 48

       certified instructor.

      A review of documents that must be maintained in conjunction with

       the presentation of training under an approved training plan

       pursuant to Title 30 CFR Part 48 Training plan.

      How to effectively administer an MSHA approved Title CFR 30 Part

       48 training plan.



Importance of the Study

       Every mine operator by federal law must have in place, prior to

operation an approved Title 30 CFR Part 48 training plan. Without an

MSHA approved Title 30 CFR Part 48 training plan in place, a mine

operator runs the risk of receiving substantial fines for violating not only

the Federal Mine Safety and Health Act of 1977 ( Title 1 Section 105 (3)

and 110 I), but also of violating Title 30 CFR Part 100.3 (a) (Baugh,

2004). By using this guide, anyone charged with the task of developing
                                                                              4




such a plan should be able to do so with minimal difficultly and opposition

from Federal Authorities.



Scope of the Study

       Through a review of MSHA Fatalities (U.S. DOL, MSHA, 2004 e, f),

it is obvious that training is a key factor in reducing the number and

severity of accidents in the mining industry. MSHA training, in particular,

Title 30 CFR Part 48, training if used properly is an effective tool in

reducing mine accidents. This paper explores and explains the details of

creating a fully functional Title 30 CFR Part 48 training plan and the

associated documents that are used in conjunction with the plan.



Rationale of the Study

       Even though MSHA has been charged with the task of regulating

and mandating miner training, it is ultimately up to the mine operator to

design and implement such training. The challenge of designing and

implementing a Title 30 CFR Part 48 training plan is an ever-evolving

process. The goal of this paper is to help both those experienced in

dealing with MSHA and those new to working with MSHA with a guide

which will help them successfully design and implement a comprehensive

Title 30 CFR Part 48 training plan.
                                                                      5




Definition of Terms

Term                          Abbreviation Definition

Code of Federal Regulations   CFR          A codification of the
                                           general and permanent
                                           rules published in the
                                           Federal Register by the
                                           Executive departments
                                           and agencies of the
                                           Federal government.
                                           (Office of the Federal
                                           Register, National
                                           Archives and Records
                                           Administration, 2002)

CFR 30 Part 48 Approved                    A training plan designed
Training plan                              by the operator and
                                           approved by MSHA to
                                           provide training to new
                                           and experienced miners,
                                           and all mine visitors,
                                           Contractors and others.
                                           (Office of the Federal
                                           Register, National
                                           Archives and Records
                                           Administration, 2002)

Experienced Miner Surface                  Any miner who has
                                           completed MSHA
                                           approved new miner
                                           training and has at least
                                           12 months of surface
                                           mining experience
                                           within the preceding 36
                                           months. (Office of the
                                           Federal Register, National
                                           Archives and Records
                                           Administration, 2002)
                                                         6




Experienced Miner Underground   Any miner who has
                                completed MSHA
                                approved new miner
                                training and has at least
                                12 months of underground
                                mining experience. (Office
                                of the Federal Register,
                                National Archives and
                                Records Administration,
                                2002)

Hazard Training                 Training received by all
                                persons on a mine site
                                (surface and underground)
                                including all visitors and
                                contractors. Which covers
                                hazard recognition and
                                avoidance, emergency
                                and evacuation
                                procedures, health and
                                safety standards, safety
                                rules and procedures.
                                Persons completing
                                comprehensive training do
                                not have to receive hazard
                                training. (Office of the
                                Federal Register, National
                                Archives and Records
                                Administration, 2002)

Miner                           Any person who is
                                engaged in extraction and
                                production process, or
                                who is regularly exposed
                                to mining hazards.
                                (Office of the Federal
                                Register, National
                                Archives and Records
                                Administration, 2002)
                                                            7




Mine Safety and Health    MSHA   Federal agency created by
Administration                   Congress in 1977
                                 regulating mining
                                 practices. (U.S. DOL,
                                 MSHA, 2004 d)

New Miner Surface                Any person who is not an
                                 experienced miner per 30
                                 CFR Part 48. and who is
                                 NOT qualified to receive
                                 Hazard Training – ONLY.
                                 (Office of the Federal
                                 Register, National
                                 Archives and Records
                                 Administration, 2002)

New Miner Underground            Any person who is not an
                                 experienced underground
                                 miner per 30 CFR Part 48.
                                 (Office of the Federal
                                 Register, National
                                 Archives and Records
                                 Administration, 2002)

Newly Hired Experienced          Any miner who has
Miner Surface                    completed MSHA-
                                 approved new miner
                                 surface training and has at
                                 least 12 months surface
                                 experience and who is
                                 NOT qualified to receive
                                 Hazard Training – ONLY.
                                 (Office of the Register,
                                 National Archives and
                                 Records Administration,
                                 2002)
                                                              8




Newly Hired Experienced           Any miner who has
Miner Underground                 completed MSHA-
                                  approved new miner
                                  underground training and
                                  has at least 12 months
                                  underground experience.
                                  (Office of the Federal
                                  Register, National
                                  Archives and Records
                                  Administration, 2002)

Mine Operator                     Any owner, lessee, or
                                  other person who
                                  operates, controls or
                                  supervises a surface mine,
                                  the surface area of a
                                  underground mine and/or
                                  a underground mine; or
                                  any independent
                                  contractor identified as an
                                  operator performing
                                  services or construction at
                                  such time. (Office of the
                                  Federal Register, National
                                  Archives and Records
                                  Administration, 2002)

National Institute for    NIOSH   Federal Agency of the Of
Occupational Safety               Center of Disease and
and Health                        Control, committed to the
                                  study, research and
                                  development of
                                  occupational health and
                                  safety issues.
                                                                             9




The Mine ACT                                    The Federal Mine Safety
                                                and Health Act of 1977
                                                written to update the Coal
                                                Act of 1969 and
                                                incorporate Metal/Non-
                                                metal. Basically updates
                                                the MESA ACT to include
                                                Health regulations. (U.S.
                                                DOL, MSHA, 2004 d)

Title 30 CFR                      30 CFR        Title 30 of the Code of
                                                Federal regulations
                                                dealing with Mineral
                                                Resources and governing
                                                the actions of MSHA and
                                                the mining community.




Overview of the Study


      “30 CFR Part 48 requires all mines to have a training plan. 30 CFR

      Part 77 requires a program or plan that describes what, when, how,

      and where the mine operator will train persons whose work

      assignments require that they be certified or qualified ( 77.107-1).

      Independent contractors may submit their own training plan, use

      the MSHA approved plan at the mine where they will be working, or

      obtain training from an approved cooperative/state grant program.

      State grantees and others may also develop their own training

      plans” “All training plans must be submitted to and approved by
                                                                           10




      MSHA for the geographical area in which the mine is located. The

      plan may be in any format, so long as it includes all the required

      information” (U.S. DOL, MSHA, 2004 c)

Therefore it is the responsibility of each mine operator to create and have

approved such a plan prior to mining, basically without such a plan, mining

may not be performed.
                                                                              11




CHAPTER 2:          REVIEW OF RELATED LITERATURE


      Unfortunately information on designing and implementing a Title

30 CFR Part 48 training plan is not easily found. Yet having a plan in

place prior to mining is mandatory. Most of the sources used in the

gathering of information for this paper where found searching the MSHA

web page, reviewing the Federal Mine Safety and Health Act of 1977,

reviewing Title 30 CFR Part 48, reviewing training manuals for Title 30

CFR part 48 trainers, reviewing associated documents and reviewing

training plans from several mines and contractors.

      It is the goal of the author of this paper, to provide a road map for

those who find themselves challenged with the task of creating a

comprehensive Title 30 CFR Part 48 training plan, that covers the training

and retraining of miners for both Title 30 CFR part 48 subparts A and B,

hazard training, HazCom training, which is also required by Title 30 CFR

Part 62, task training and documentation of such training.



Title: Federal Mine Safety and Health Act of 1977

      The Mine Act, as it is commonly referred to, became effective on

November 9, 1977, and was written to strengthen and to amend the

Coal Act of 1969 it consolidated all federal health and safety regulations
                                                                               12




for the mining industry, coal as well as non-coal mining, under a single

statutory scheme. The Mine Act strengthened and expanded the rights of

miners, and enhanced the protection of miners from retaliation for

exercising such rights. Mining fatalities dropped sharply under the Mine

Act from 272 in 1977 to 86 in 2000 (U. S. DOL, MSHA, 2004 d).

          The Mine Act enabled the creation of Title 30 –Mineral Resources

of the Code of Federal Regulations, which deals with all aspects of the

Mine Safety and Health Administration. For the purpose of this paper, a

good place to start a review of The Mine Act is with Section 2 (g) which

states:

          “it is the purpose of this Act (1) to establish interim mandatory

          health and safety standards and to direct the Secretary of Health,

          Education, and Welfare and the Secretary of Labor to develop and

          promulgate improved mandatory health or safety standards to

          protect the health and safety of the Nation’s coal and or other

          miners; (2) to require that each operator of a coal or other mine and

          every miner in such mine comply with such standards; (3) to

          cooperate with, and provide assistance to, the states in the

          development and enforcement of effective State coal or other mine

          health and safety programs; and (4) to improve and expand, in

          cooperation with the States and the coal or other mining industry,
                                                                               13




       research and development and training programs aimed at

       preventing coal or other mine accidents and occupationally caused

       diseases in the industry.” (Office of the Solicitor, Division of Mine

       Safety and Health, Department of Interior, 1977)


It is clear to see after reading this section of the Mine Act that training is a

federal requirement and without a training plan, you do not have a mine.

The next section of the Act that is relevant to the issue of training is Title I,

Mandatory Health and Safety Training, Section 115 (a).

        “(a) Each operator of a coal or other mine shall have a health and

       safety training program which shall be approved by the Secretary.

       The Secretary shall promulgate regulations with respect to such

       health and safety training programs not more than 180 days after

       the effective date of the Federal Mine Safety and Health

       Amendments Act of 1977. Each training program approved by the

       Secretary shall provide as a minimum that--

       (1) new miners having no underground mining experience shall

       receive no less than 40 hours of training if they are to work

       underground. Such training shall include instruction in the statutory

       rights of miners and their representatives under this Act, use of the

       self-rescue device and use of respiratory devices, hazard
                                                                       14




recognition, escapeways, walk around training, emergency

procedures, basic ventilation, basic roof control, electrical hazards,

first aid, and the health and safety aspects of the task to which he

will be assigned;

(2) new miners having no surface mining experience shall receive

no less than 24 hours of training if they are to work on the surface.

Such training shall include instruction in the statutory rights of

miners and their representatives under this Act, use of the self-

rescue device where appropriate and use of respiratory devices

where appropriate, hazard recognition, emergency procedures,

electrical hazards, first aid, walk around training and the health and

safety aspects of the task to which he will be assigned;

(3) all miners shall receive no less than eight hours of refresher

training no less frequently than once each 12 months, except that

miners already employed on the effective date of the Federal Mine

Safety and Health Amendments Act of 1977 shall receive this

refresher training no more than 90 days after the date of approval

of the training plan required by this section;

(4) any miner who is reassigned to a new task in which he has had

no previous work experience shall receive training in accordance

with a training plan approved by the Secretary under this
                                                                     15




subsection in the safety and health aspects specific to that task

prior to performing that task;

(5) any training required by paragraphs (1), (2) or (4) shall include a

period of training as closely related as is practicable to the work in

which the miner is to be engaged.

(b) Any health and safety training provided under subsection (a)

shall be provided during normal working hours. Miners shall be paid

at their normal rate of compensation while they take such training,

and new miners shall be paid at their starting wage rate when they

take the new miner training. If such training shall be given at a

location other than the normal place of work, miners shall also be

compensated for the additional costs they may incur in attending

such training sessions.

(c) Upon completion of each training program, each operator shall

certify, on a form approved by the Secretary, that the miner has

received the specified training in each subject area of the approved

health and safety training plan. A certificate for each miner shall be

maintained by the operator, and shall be available for inspection at

the mine site, and a copy thereof shall be given to each miner at

the completion of such training. When a miner leaves the operator's

employ, he shall be entitled to a copy of his health and safety
                                                                                16




      training certificates. False certification by an operator that training

      was given shall be punishable under section 110(a) and (f); and

      each health and safety training certificate shall indicate on its face,

      in bold letters, printed in a conspicuous manner the fact that such

      false certification is so punishable.

      (d) The Secretary shall promulgate appropriate standards for safety

      and health training for coal or other mine construction workers.

      (e) Within 180 days after the effective date of the Federal Mine

      Safety and Health Amendments Act of 1977, the Secretary shall

      publish proposed regulations which shall provide that mine rescue

      teams shall be available for rescue and recovery work to each

      underground coal or other mine in the event of an emergency. The

      costs of making advance arrangements for such teams shall be

      borne by the operator of each such mine.” (Office of the Solicitor,

      Division of Mine Safety and Health, Department of Interior, 1977)


This section of the Mine Act outlines all of the requirements that must be

met by a mine operator in regards to training programs. It gives a mine

operator notice that a plan must be approved by the Secretary of Labor or

his delegate before mine operation begins, the number of hours of training

required for both surface and underground miners, a list subjects that
                                                                              17




must be included in the training, guidelines for pay compensation of

miners while receiving training and how training must be documented.

Unfortunately, The Mine Act does not give you detailed instructions on

how to accomplish this federally mandated training so for that information,

we must now move on to Title 30 CFR for more detailed instructions.



Title: Title 30 Code of Federal Regulations – Mineral Resources

       Title 30 CFR is the section of the Code of Federal Regulations that

deals with mineral resources and more importantly, for the purposes of

this paper, mining and miner training. It is broken into three books the first

containing Parts 1 to 199, the second containing 200 to 699 and the third

containing Parts 700 to end (Office of the Federal Register, National

Archives and Records Administration, 2002 Page ix). All information that

is relevant to Title 30, CFR Part 48, Training plans are found in the first

book, the sections that most pertinent to this paper are Parts 46, 47, 48,

62, 75 and 77.

       Title 30 CFR, Part 46, deals with the training and retraining of

miners engaged in shell dredging, or employed at sand, gravel, surface

stone, surface clay, colloidal phosphate, or surface limestone mines. Title

30 CFR part 46 was added to the Code of Federal regulations in 1999, it is

very similar to Title 30 CFR Part 48, except that you do not have to submit
                                                                              18




the plan for approval by the Mine Safety and Health Administration.

However, you must still have the training plan available for review upon

request for inspection by MSHA. and you still must maintain training

records.

   Title 30 CFR, Part 48, deals with the bulk of training issues within the

jurisdiction of the Mine Safety and Health Administration. In this section of

the Code of Federal Regulations, is most of the information you will need

to create an MSHA approved Part 48 Training Plan. This section of the

law is broken into two subparts. Subpart A deals with the training and

retraining of underground miners and Subpart B deals with the training

and retraining of miners working at surface mines and surface areas of

underground mines.

       Subparts A and B, are very similar in their content, except for a few

rather important differences. The main differences between parts A and B

are Part 48.2 (a) (1) and Part 48.22 (a) (1) to note about this section of

Part 48 is the differences in the definition of what a miner is Subpart A

defines a miner as:

       (a)(1) Miner means, for purposes of 48.3 through 48.10 of this

       subpart A, any person working in an underground mine and who is

       engaged in the extraction and production process, or who is

       regularly exposed to mine hazards, or who is a maintenance or
                                                                     19




service worker employed by the operator or a maintenance or

service worker contracted by the operator to work at the mine for

frequent or extended periods. This definition shall include the

operator if the operator works underground on a continuing, even if

irregular, basis. Short term, specialized contact workers, such as

drillers and blasters, who are engaged in the extraction and

production process and who have received training under 48.6

(experienced miner training) of this subpart A may, in lieu of

subsequent training under that section for each new employment,

receive training under 48.11 (Hazard training) of this subpart A.

This definition does not include:

(i) Workers under subpart C of this part 48, including shaft and

slope workers, workers engaged in construction activities ancillary

to shaft and slope sinking, and workers engaged in the construction

of major additions to an existing mine which requires the mine to

cease operations;

(ii) Supervisory personnel subject to MSHA approved State

certification requirements; and,

(iii) Any person covered under paragraph (a)(2) of this section.
                                                                           20




Title 30 CFR Part 48 Subpart B defines a miner as:

      (a)(1) Miner means, for purposes of 48.23 through 48.30 of this

      subpart B, any person working in a surface mine or surface areas

      of an underground mine and who is engaged in the extraction and

      production process, or who is regularly exposed to mine hazards,

      or who is a maintenance or service worker employed by the

      operator or a maintenance or service worker contracted by the

      operator to work at the mine for frequent or extended periods. This

      definition shall include the operator if the operator works at the

      mine on a continuing, even if irregular, basis. Short-term,

      specialized contract workers, such as drillers and blasters, who are

      engaged in the extraction and production process and who have

      received training under 48.26 (Training of newly employed

      experienced miners) of this subpart B, may in lieu of subsequent

      training under that section for each new employment, receive

      training under 48.31 (Hazard training) of this subpart B. This

      definition does not include:

      (i) Construction workers and shaft and slope workers under subpart

      C of this Part 48;

      (ii) Any person covered under paragraph (a)(2) of this section.
                                                                            21




       (2) Miner means, for purposes of 48.3 (Hazard training) of this

       subpart B, any person working in a surface mine, including any

       delivery, office, or scientific worker or occasional, short-term

       maintenance or service worker contracted by the operator, and any

       student engaged in academic projects involving his or her extended

       presence at the mine. This definition excludes persons covered

       under paragraph (a)(1) of this section and subpart C of this part.



       One of the main differences between Subparts A and B is that

Subpart A deals with underground miners and Subpart B deals with

surface miners. It is also interesting to note that both Subpart A and B

refer to a Subpart C, which does not exist. It is noted that MSHA never did

promulgate Subpart C. However, shaft and slope workers are covered in

other parts of 30 CFR and must be trained accordingly. (Baugh, 2004).

       In addition, Subpart A and B each list the required subjects that

must be covered during the training and retraining of miners. In particular,

it is important to review sections 48.5 and 48.25 and note the differences

between what is required for a surface miner and an underground miner.
                                                                             22




30 CFR 48.5

Training of new miners; minimum courses of instruction; hours of

instruction.

       (a) Each new miner shall receive no less than 40 hours of training

       as prescribed in this section before such miner is assigned to work

       duties. Such training shall be conducted in conditions which as

       closely as practicable duplicate actual underground conditions, and

       approximately 8 hours of training shall be given at the minesite.

       (b) The training program for new miners shall include the following

       courses:

       (1) Instruction in the statutory rights of miners and their

       representatives under the Act; authority and responsibility of

       supervisors. The course shall include instruction in the statutory

       rights of miners and their representatives under the Act, including a

       discussion of section 2 of the Act; a review and description of the

       line of authority of supervisors and miners' representatives and the

       responsibilities of such supervisors and miners' representatives;

       and an introduction to the operator's rules and the procedures for

       reporting hazards.

       (2) Self-rescue and respiratory devices. The course shall include

       instruction and demonstration in the use, care, and maintenance of
                                                                    23




self-rescue and respiratory devices used at the mine. Training in

the use of self-contained self-rescue devices shall include complete

donning procedures in which each person assumes a donning

position, opens the device, activates the device, inserts the

mouthpiece or simulates this task while explaining proper insertion

of the mouthpiece, and puts on the nose clip. The course shall be

given before the new miner goes underground.

(3) Entering and leaving the mine; transportation; communications.

The course shall include instruction on the procedures in effect for

entering and leaving the mine; the check-in and checkout system in

effect at the mine; the procedures for riding on and in mine

conveyances; the controls in effect for the transportation of miners

and materials; and the use of the mine communication systems,

warning signals, and directional signs.

(4) Introduction to the work environment. The course shall include a

visit and tour of the mine, or portions of the mine which are

representative of the entire mine. A method of mining utilized at the

mine shall be observed and explained.

(5) Mine map; escapeways; emergency evacuation; barricading.

The course shall include a review of the mine map; the escapeway

system; the escape, firefighting, and emergency evacuation plans
                                                                     24




in effect at the mine; and the location of abandoned areas. Also

included shall be an introduction to the methods of barricading and

the locations of the barricading materials, where applicable. The

program of instruction for escapeways and emergency evacuation

plans approved by the District Manager shall be used for this

course.

(6) Roof or ground control and ventilation plans. The course shall

include an introduction to and instruction on the roof or ground

control plan in effect at the mine and procedures for roof and rib or

ground control; and an introduction to and instruction on the

ventilation plan in effect at the mine and the procedures for

maintaining and controlling ventilation.

(7) Health. The course shall include instruction on the purpose of

taking dust, noise, and other health measurements, and any health

control plan in effect at the mine shall be explained. The health

provisions of the act and warning labels shall also be explained.

(8) Cleanup; rock dusting. The course shall include instruction on

the purpose of rock dusting and the cleanup and rock dusting

program in effect at the mine, where applicable.

(9) Hazard recognition. The course shall include the recognition

and avoidance of hazards present in the mine, particularly any
                                                                       25




hazards related to explosives where explosives are used or stored

at the mine.

(10) Electrical hazards. The course shall include recognition and

avoidance of electrical hazards.

(11) First aid. The course shall include instruction in first aid

methods acceptable to MSHA.

(12) Mine gases. The course shall include instruction in the

detection and avoidance of hazards associated with mine gases.

(13) Health and safety aspects of the tasks to which the new miner

will be assigned. The course shall include instruction in the health

and safety aspects of the tasks to be assigned, including the safe

work procedures of such tasks, the mandatory health and safety

standards pertinent to such tasks, information about the physical

and health hazards of chemicals in the miner's work area, the

protective measures a miner can take against these hazards, and

the contents of the mine's HazCom program.

(14) Such other courses as may be required by the District

Manager based on circumstances and conditions at the mine.

(c) Methods, including oral, written, or practical demonstration, to

determine successful completion of the training shall be included in

the training plan. The methods for determining such completion
                                                                      26




shall be administered to the miner before he is assigned work

duties.

(d) A newly employed miner who has less than 12 months of mining

experience and has received the courses and hours of instruction in

paragraphs (a) and (b) of this section, within 36 months preceding

employment at a mine, does not have to repeat this training. Before

the miner starts work, the operator must provide the miner with the

experienced miner training in 48.6(b) of this part and, if applicable,

the new task training in 48.7 of this part. The operator must also

provide the miner with annual refresher training and additional new

task training, as applicable.

30 CFR 48.25

Training of new miners; minimum courses of instruction; hours of

instruction.

(a) Each new miner shall receive no less than 24 hours of training

as prescribed in this section. Except as otherwise provided in this

paragraph, new miners shall receive this training before they are

assigned to work duties. At the discretion of the District Manager,

new miners may receive a portion of this training after assignment

to work duties: Provided, That no less than 8 hours of training shall

in all cases be given to new miners before they are assigned to
                                                                      27




work duties. The following courses shall be included in the 8 hours

of training: Introduction to work environment, hazard recognition,

and health and safety aspects of the tasks to which the new miners

will be assigned. Following the completion of this preassignment

training, new miners shall then receive the remainder of the

required 24 hours of training, or up to 16 hours, within 60 days.

Operators shall indicate in the training plans submitted for approval

whether they want to train new miners after assignment to duties

and for how many hours. In determining whether new miners may

be given this training after they are assigned duties, the District

Manager shall consider such factors as the mine safety record, rate

of employee turnover and mine size. Miners who have not received

the full 24 hours of new miner training shall be required to work

under the close supervision of an experienced miner.

(b) The training program for new miners shall include the following

courses:

(1) Instruction in the statutory rights of miners and their

representatives under the Act; authority and responsibility of

supervisors. The course shall include instruction in the statutory

rights of miners and their representatives under the Act, including a

discussion of section 2 of the Act; a review and description of the
                                                                        28




line of authority of supervisors and miners' representatives and the

responsibilities of such supervisors and miners' representatives;

and an introduction to the operator's rules and the procedures for

reporting hazards.

(2) Self-rescue and respiratory devices. The course shall include

instruction and demonstration in the use, care, and maintenance of

self-rescue and respiratory devices, where applicable.

(3) Transportation controls and communication systems. The

course shall include instruction on the procedures in effect for riding

on and in mine conveyances where applicable; the controls for the

transportation of miners and materials; and the use of mine

communication systems, warning signals, and directional signs.

(4) Introduction to work environment. The course shall include a

visit and tour of the mine, or portions of the mine which are

representative of the entire mine. The method of mining or

operation utilized shall be observed and explained.

(5) Escape and emergency evacuation plans; firewarning and

firefighting. The course shall include a review of the mine escape

system, and escape and emergency evacuation plans in effect at

the mine; and instruction in the firewarning signals and firefighting

procedures.
                                                                     29




(6) Ground control; working in areas of highwalls, water hazards,

pits and spoil banks; illumination and night work. The course shall

include, where applicable, and introduction to and instruction on the

highwall and ground control plans in effect at the mine; procedures

for working safely in areas of highwalls, water hazards, pits and

spoil banks; the illumination of work areas; and safe work

procedures during the hours of darkness.

7) Health. The course shall include instruction on the purpose of

taking dust measurements, where applicable, and noise and other

health measurements, and any health control plan in effect at the

mine shall be explained. The health provisions of the Act and

warning labels shall also be explained.

(8) Hazard recognition. The course shall include the recognition

and avoidance of hazards present in the mine.

(9) Electrical hazards. The course shall include recognition and

avoidance of electrical hazards.

(10) First aid. The course shall include instruction in first aid

methods acceptable to MSHA.

(11) Explosives. The course shall include a review and instruction

on the hazards related to explosives. The only exception to this
                                                                      30




course component is when no explosives are used or stored on

mine property.

(12) Health and safety aspects of the tasks to which the new miner

will be assigned. The course shall include instructions in the health

and safety aspects of the tasks to be assigned, including the safe

work procedures of such tasks, the mandatory health and safety

standards pertinent to such tasks, information about the physical

and health hazards of chemicals in the miner's work area, the

protective measures a miner can take against these hazards, and

the contents of the mine's HazCom program.

(13) Such other courses as may be required by the District

Manager based on circumstances and conditions at the mine.

(c) Methods, including oral, written or practical demonstration, to

determine successful completion of the training shall be included in

the training plan. Upon completion of training, the methods for

determining successful completion shall be administered to the

miner. The method for determining successful completion of pre-

assignment training under paragraph (a) of this section shall be

administered to the miner before he is assigned to work duties.

(d) A newly employed miner who has less than 12 months of mining

experience and has received the courses and hours of instruction in
                                                                            31




       paragraphs (a) and (b) of this section, within 36 months preceding

       employment at a mine, does not have to repeat this training. Before

       the miner starts work, the operator must provide the miner with the

       experienced miner training in 48.26(b) of this part and, if

       applicable, the new task training in 48.27 of this part. The operator

       must also provide the miner with annual refresher training and

       additional new task training, as applicable.

After reading these two sections of Title 30 CFR, part 48, it is easy to see

how designing and implementing a training program all of a sudden

becomes a monumental task for a mine operator. In 48.2 it states that all

new underground miners must receive 40 hours of training and in 48.25 it

says that all new surface miners need 24 hours of training with only 8 of

those hours required before beginning actual mine work.


Title: MSHA Program Policy Manual

       As a Title 30 CFR Part 48 program designer and administrator, the

Program Policy Manual (U.S. DOL, MSHA, 1996) is one of the best

resources you have (Baugh, 2004). This is the place you go to find out

how to interpret and comply with Title 30 of the Code of Federal

Regulations. This document is published and updated periodically by the

Mine Safety and Health Administration and is basically a “users guide” of
                                                                               32




how to interpret the Title 30 Code of Federal regulations. It is broken in to

five volumes. Volume I, interprets the Act of 1977, Volume II, testing and

evaluation, Volume III, 30 CFR parts 40 thorough 50 and part 100, Volume

IV, Metal and Non-Metal mining and Volume V, Coal Mines. It is in the

Program Policy Manual Volume III, that you find information dealing with

the training and retraining of miners. It is in Volume III, that the definitions

of what a “miner” is and how those definitions apply to different training

requirements. It is in this manual that you will find the answers to many of

your questions concerning who should get what training. Volume III is an

excellent guide for making decisions as to who qualifies as an

experienced or inexperienced miner and how much time can elapse

between periods of mine work before a miner must be retrained as a new

miner instead of a newly hired experienced miner. You should consult the

program policy manual often to keep yourself abreast of any changes in

interpretation of Title 30 CFR, remember it is up to you the “operator” to

keep yourself informed and in compliance with Title 30 of the Code of

federal Regulations and the Act of 1977 (Baugh, 2004).
                                                                              33




Title: 5000-23 form

       One of the key elements of any program or policy is the

documentation of the compliance with that program or policy and the Mine

Safety and Health Administrations addresses training documentation in

Title 30 CFR part 48.9 and 48.29

       “Upon a miner’s completion of each MSHA approved training

       program, the operator shall record and certify on MSHA form 5000-

       23 that the miner has received the specific training” (Office of the

       Federal Register, National Archives and Records Administration,

       2002, Part 48 Subpart A 48.9 and Subpart B 48.29)

       In order to comply with this requirement of the federal law you must

use an approved 5000-23 form, which can be obtained from any MSHA

field office, download off of the MSHA web site or created by the Operator

and submitted to MSHA for approval. At first glance, this form appears

rather simple and straightforward but in reality, it can be a very complex

and confusing document. There are only eight sections to this form, most

of which present you the trainer with several options and opportunities for

error. It is strongly advised that you consult the MSHA program policy

manual volume III (U.S. DOL, MSHA, 1996) for some very helpful advice,

as an error in filling out this federal document can be considered a federal

violation.
                                                                            34




       “This certificate is required under Federal Law 91-173 as amended

       by Public Law 95-164. Failure to comply may result in penalties and

       other sanctions as provided by sections 108 and 110, Public Law

       91-173 as amended by Public Law 95-164.” (U.S. DOL, MSHA,

       2002)



Title: Instructions for Completing a Mine Safety and Health

Administration Certificate of Training Form (5000-23)

       As mentioned earlier MSHA 5000-23 forms can be very confusing,

the pre-printed version which is available from all MSHA field offices

comes standard with four copies which must be properly filled out and

distributed to:

       “Copy 1 (white) - Employer's Personnel Record

       Copy 2 (pink)   - Employee's Record Copy

       Copy 3 (yellow) - Employee's Separation Copy

       Copy 4 (green) - Record Keeping

       (U.S. DOL, MSHA, 2004, April, b)

This instructional guide offers a through step by step walk through of how

to properly fill out a 5000-23 form.” (U.S. DOL, MSHA, 2002, April) It is

wise to take special note of how to fill sections number 4 and 5 as these

two sections deal with training that has been started but not entirely
                                                                               35




finished and incorrectly filling out these sections can be a federal violation.

       Item 4. Date Training Requirements Completed

       Depending on whether the training is complete or partially will

       determine how this item is completed. Only entering a date

       indicates that the training marked in item 2 is completed. Placing a

       check in the box to the right of the date entry, indicates that the

       training for the program(s) marked in item 2 is not complete. The

       appropriate boxes in item 5 must then be checked to indicate what

       subjects were completed.


       The following are some examples of partially completed training: (1)

       training for new miners given away from the mine site (which will

       then require site specific training at the mine site); (2) utilizing the 8

       and 16 hours in 60-day provision for newly employed inexperienced

       surface miners; and (3) providing partially completed annual

       refresher training. (U.S. DOL. MSHA, 2004, April b)


       Item 5. Check Subjects Completed (use only for partially completed

       training)

       “This is generally used for conducting annual refresher training in

       increments throughout an annual refresher cycle; or for newly

       employed inexperienced miner training which does not cover mine
                                                                              36




       specific courses that are required to be covered at the mine site.”

       (U.S. DOL. MSHA, 2004,April b)




       Title: A Guide To Miners Rights and Responsibilities Under the

       Federal Mine Safety and Health Act of 1977


       This guide is a very informative publication designed by MSHA to

give miners both experienced and in experienced information that

       “summarizes the rights and responsibilities of miners, their

       representatives and applicants for mine work under the Act” (U.S.

       DOL, MSHA. National Mine Safety Academy. Revised 2000).

Trainers and Part 48 Plan administrators will find this guide to be a

valuable reference for not only the design phase of a Part 48 plan, but

also during the implementation phase, as this guide lends itself well to

being used as a instructional aid. It spells out in plain English, a miners

rights to training, health and safety. Anyone even attempting to

understand the complexities of a Title 30 CFR Part 48 training plan should

have and read repeatedly a copy of this guide. Along with giving a miners

a summary of their rights it also contains a wealth of information on a wide

range of MSHA topics including Part 48 Training. This guide gives
                                                                             37




inexperienced Part 48 Training Plan administrators a brief overview of

highlights of what a Part 48 Training Plan should include and why these

items are important.



Title: Compliance Guide of MSHA’s Modified Regulations on

Training and Retraining of Miners

       This is basically a collection of commonly asked questions about

Title 30 CFR Part 48 Training and the correct answers to those questions.

This guide brings to light some very pertinent questions that all Title 30

CFR Part 48 Training plan administrators should ask themselves when

determining what training is needed by whom and how often it is needed.

This compliance guide does a good job of defining for someone unfamiliar

with MSHA, what the definition of an experienced miner is

       “the new rule requires that a miner both receive new miner training

       and have 12 months of mining experience to qualify as an

       “experienced Miner”” (U.S. DOL, MSHA. 1998, December)

And covers many of the “what if” questions that Part 48 Training Plan

administrators encounter. Such as:

       “What are the different kinds of “experienced Miners” who must

       take the experienced miner training?”
                                                                            38




               “Experienced miners” are miners who are: (1) Newly

               employed by the operator, (2) transferred to the mine,

               (3) Transferred from surface to underground or vice versa,

               and (4) Returning to mining after an absence of more than

               12 months” (U.S. DOL, MSHA. 1998, December)



Title: Instructors Training Workshop – Part 48

       This guide is actually one of a series of guides written and

published by the Mine Safety and Health Administration to help operators

comply with the Act of 1977 and Title 30 of the Code of Federal

regulations. In fact, in the introduction of this guide it spells out its

intended purpose quite clearly.

       “30 CFR Part 48 requires that persons who provide that training

       and retraining be approved to do so”

       “This Instructor Training Workshop has been developed to assist

       instructors and potential instructors with the following goals:

       - To become knowledgeable in the requirements of 30 CFR Part 48

       - To become effective classroom trainers”

       (Department of Labor, Mine Safety and Health Administration,

       National Mine Safety Academy, 2002, page iii)
                                                                              39




If you are new to MSHA and MSHA Part 48 Training, in particular this may

actually be one of the first guides to consult, as it gives you some very

straightforward information on what Title 30 CFR is and how it pertains to

Miner training and retraining. In this guide you will find some very useful

information on how to apply for and become an MSHA approved

instructor.

       This guide also contains a very informative section on the principals

of adult learning, with one key point being “adults are not just “big children”

nor can they be treated as such in the training situation.” (U.S. DOL

MSHA, MSA, 2002 page T-53) For those who have limited and or no

experience in the training field, this can be valuable information.

        In addition, this guide contains a Part 48 training matrix chart,

which is extremely valuable to even experienced trainers as it gives you a

quick and easy reference guide to ascertain who needs what types of

training, and when. Unfortunately, one of the drawbacks of this Instructors

guide is that like many MSHA materials it leaves many things out.
                                                                            40




Title: MSHA Training Plan Advisor



MSHA has found that providing mine operators with online information and

resources is a great way to enhance mine operator voluntary compliance

with The Act of 1977 and Title 30 CFR

       “this computerized plan is strictly optional. You may use the entire

       format or selected portions. This plan format includes and

       requests all required information. The required subjects for each

       program are preprinted on the plan. The plan provides

       selection spaces for teaching and evaluation methods, course

       materials, and hours (where applicable), so that you can customize

       the plan to meet your specific needs.” (U.S. DOL, MSHA 2004 a)

This particular web page gives the Part 48 plan administrator, a

systematic, plug and play training plan guide. It is a very well designed

page and allows the user to virtually design and submit a training plan for

approval online. Regrettably, like so many of MSHA’s “user friendly” tools

it is not as simple as it first appears, once again if you have a limited

understanding of MSHA and the Act of 1977 you will find that making

mistakes is easy. In order to be successful using this page the plan

administrator must be very cautious in how they fill out each of the many

sections. It is wise to allow oneself abundant freedom when entering the
                                                                             41




time frames for each type of training, do not limit yourself needlessly by

limiting training times for the various subjects, remember once this plan is

approved the plan administrator must follow it or revisit this filing and

approval process to modify it.
                                                                            42




CHAPTER 3: METHODOLOGY

Approach

       As with any project, it is often a combination of research methods

that leads to the best understanding of the subject in question. A through

review of the manuals, guides, laws and existing training plans relating to

Part 48 training is one element of the search for understanding, another

element is to become involved in all phases of the process, from plan

design to implementation and the last element is to network and learn

from other plan administrators and trainers who have already traveled this

rocky and dimly light trail before you.



Data Gathering Method

       As mentioned earlier in this paper resources and information on this

subject are rather limited and not easily found. Sources of information and

direction for this project were found by interacting with numerous plan

administrators, researching federal documents associated with the topic,

spending countless hours at the MSHA website reviewing and collecting

information on part 48 training and participating in Part 48 training.
                                                                            43




Data Base of the Study

       The data for this paper is a ever growing collection of Federal

Documents, such as Title 30 of the Code of Federal Regulations, Volume

III of the MSHA Program Policy Manual, Various MSHA instructor guides,

Internet files, informal interviews with plan administrators, existing Part 48

training plans, both approved and rejected by MSHA and hours of hands

on experience in writing and administering a Part 48 training plan.



Validity of Data

       The collection of data for this paper is not only one of the most

comprehensive but also one of the most up-to-date collections on this

subject. All of the information used in this project has been gathered within

the last 24 months and has not been revised to the author’s knowledge

since its publication. Many of the sources for this project are Federal

Government documents and therefore are indeed valid.



Originality and Data Limitations

       The author of this paper has found that not only is the collection of

documents assembled during the research for this project valid but

extremely comprehensive. The data collection covers not only the legal

aspects of a Part 48 training plan, but also documentation, plan
                                                                            44




submission and approval and practical application and administration of

the plan. It appears the only limitations of the data gathered are:

             Time- as time elapses and the mining industry evolves it will

              undoubtedly be necessary for MSHA to revise and update

              the Title 30 CFR Part 48 requirements.

             Your plan- also as time rolls by, your particular mining

              operation may change and become only a surface operation

              or a combination of both surface and underground, therefore

              requiring you, the plan administrator to modify, and update

              your plan as needed.



Summary

Therefore it is strongly advised that you, the plan administrator, keep

abreast of the latest revisions to Title 30 CFR and Volume III of the

program policy manual, as non compliance with either is not a wise

choice.
                                                                                45




CHAPTER 4: DATA ANALYSIS



       Now that you the program administrator and designer have had a

chance to acquire, review and become familiar with the Federal Mine

Safety and Health Act of 1977, which gives miners a right to training, Title

30 of the Code of Federal Regulations-Mineral Resources, in which mine

operators will find direction as to what subjects must be covered during

training. The MSHA Program Policy Manual, MSHA form 5000-23 and the

other sources listed in chapter 2 it is time to start designing a plan of your

own.

       So where to begin? A good place to start is Title 30 CFR Part 48

as this section of the federal law gives you a step by step guide of what

needs to be in your plan. We will go through Part 48 one section at a time

and discuss each section and its relevancy to designing a plan as needed.

There are some elements of a part 48 training plan that will always be the

same regardless of who is writing the plan or what type of mining

operation it is being written for, but there are also many sections of the

plan that need to be tailored to fit the needs of each individual mining

operation. It is in this chapter that the intricate details of how to write a

plan for your mining operation will be discussed. To make the process of

writing a plan easier to understand lets break writing a plan into sections:
                                                                        46




Section 1: Identifying what type of plan you need.

Section 2: Parts of a plan that will always be the same regardless of

      whether it is a Subpart A or Subpart B plan.

Section 3: New Miner Training

      A: Items that are found in both Subpart A and B Plans.

      B: Items specific to new miner training for Subpart A plan.

      C: Items specific to new miner training for a Subpart B Plan.

Section 4: Experienced Miner training

      A: Items that are found in both Subpart A and B Plans.

      B: items that are specific to a newly hired experienced miner under

      Subpart A.

      C: items that are specific to a newly hired experienced miner under

      Subpart B.

Section 5: Task Training

Section 7: Annual Refresher Training

Section 8: Records of Training

Section 9: Hazard Training
                                                                            47




Section 1: Identify what type of plan you need.

The first step in writing a comprehensive Part 48 training plan is to identify

what type of plan you need for your mining operation. To do this lets

review Title 30 CFR part 48.1 and 48.21,

       30 CFR 48.1

       Scope.

       The provisions of this subpart A set forth the mandatory

       requirements for submitting and obtaining approval of programs for

       training and retraining miners working in underground mines.

       Requirements regarding compensation for training and retraining

       are also included. The requirements for training and retraining

       miners working at surface mines and surface areas of underground

       mines are set forth in subpart B of this part.

       30 CFR 48.21

       Scope.

       The provisions of this subpart B set forth the mandatory

       requirements for submitting and obtaining approval of programs

       for training and retraining miners working at surface mines and

       surface areas of underground mines. Requirements regarding

       compensation for training and retraining are also included. The

       requirements for training and retraining miners working in
                                                                             48




       underground mines are set forth in subpart A of this part.

       This part does not apply to training and retraining of miners at shell

       dredging, sand, gravel, surface stone, surface clay, colloidal

       phosphate, and surface limestone mines, which are covered under

       30 CFR Part 46.



       Now ask yourself what type of mine do you have? Is it a surface

only operation or does it include both underground and surface

operations? Also as a point of interest, if you happen to be developing a

training plan for any surface sand, gravel, shell dredging, clay, limestone

or phosphate operations you need to refer to 30 CFR Part 46 as those

types of surface operations are covered in Title 30 CFR Part 46 of the

Code of Federal Regulations.

       Once you have determined what type of training plan your

operation needs a, Subpart A and B plan or Subpart B (surface only) plan,

lets move on to the next step.



Section 2: Parts of a plan that will always be the same regardless of

       whether it is a Subpart A or Subpart B plan.

       Title 30 CFR Part 48.3 and 48.23 provide you the program

administrator with a list of what is required to be submitted to MSHA in a
                                                                                49




Part 48 training plan. By using these two sections as a guide we can begin

filling in the blanks of our plan. Regardless of whether you are writing a

Subpart A plan or a B plan or both there are certain elements that will be

the same for both. Title 30 CFR part 48.3 (c) (2) and 48.23(c) (2) (1)

covers one area of the plan that will be identical for both.

       “The company name, mine name, and MSHA identification number

       of the mine.”

       As with any MSHA document you need this information filled out,

the only portion of this that may be somewhat hard is, finding out or

obtaining your mines identification number. If this is a new operation and

you do not have an MSHA ID number now would be a good time to get

one, let’s refer to Title 30 CFR Part 41.20 to see how to apply for an ID

number.

       30 CFR 41.20

       Legal identity report.

       Each operator of a coal or other mine shall file notification of legal

       identity and every change thereof with the appropriate district

       manager of the Mine Safety and Health Administration by properly

       completing, mailing, or otherwise delivering form 2000-7 "legal

       identity report" which shall be provided by the Mine Safety and
                                                                             50




       Health Administration for this purpose. If additional space is

       required, the operator may use a separate sheet or sheets.



After you have filled out form 2000-7 and have received you MSHA ID

number you are ready to continue with the writing of the plan. As you will

notice the next item of business would be Title 30 CFR Part 48.3 (c) (2)

and 48.23 (c) (2)

       The name and position of the person designated by the operator

       who is responsible for health and safety training at the mine. This

       person may be the operator.



       You need to identify who is going to be responsible for this training.

This person can be you or anyone appointed by the mine operator, it is not

a requirement that this person is a MSHA approved instructor. Or even be

involved with the writing of the plan. But you must list someone as a

responsible person with whom MSHA can contact if there is a question

regarding the plan.

       Moving on to the next section Title 30 CFR Part 48.3 (c) (3) and

48.23 (c) (3)
                                                                              51




       “A list of MSHA approved instructors with whom the operator

       proposes to make arrangements to teach the courses, and the

       courses each instructor is qualified to teach.”



       Regardless of whether you are planning on doing all of your training

in house or contracting it to an outside source, MSHA requires that when

you submit a training plan, you also must submit a list of all the MSHA

approved instructors which you plan on using to implement the training

plan. It is advisable to be very liberal in compiling this list, as one can

never have too many instructors available. The instructors on this list can

be either employed by your mine or be independent contractors. To be on

this list a person needs to be an MSHA approved instructor and MSHA

does not view all instructors as equal, so it is in your best interests to

check the credentials of those you are placing on this list to be sure they

are approved by MSHA for the subjects you are requesting them to teach.

       One point of interest with this part of your plan is how to go about

getting a person approved as a MSHA instructor. Title 30 CFR Part 48.3

(h) and 48.23 (h) explains how to go about the process of applying for and

receiving MSHA approved instructor status.

       “(h) Instructors shall be approved by the District Manager in one or

       more of the following ways:
                                                                       52




(1) Instructors shall take an instructor's training course conducted

by the District Manager or given by persons designated by the

District Manager to give such instruction; and instructors shall have

satisfactorily completed a program of instruction approved by the

Office of Educational Policy and Development, MSHA, in the

subject matter to be taught.

(2) Instructors may be designated by MSHA as approved

instructors to teach specific courses based on written evidence of

the instructors' qualifications and teaching experience.

(3) At the discretion of the District Manager, instructors may be

designated by MSHA as approved instructors to teach specific

courses based on the performance of the instructors while teaching

classes monitored by MSHA. Operators shall indicate in the training

plans submitted for approval whether they want to have instructors

approved based on monitored performance. The District Manager

shall consider such factors as the size of the mine, the number of

employees, the mine safety record and remoteness from a training

facility when determining whether instructor approval based on

monitored performance is appropriate.

(4) On the effective date of this subpart A, cooperative instructors

who have been designated by MSHA to teach MSHA approved
                                                                            53




       courses and who have taught such courses within the 24 months

       prior to the effective date of this subpart shall be considered

       approved instructors for such courses.”

       As you can see there are three ways to become a MSHA instructor,

the first is by attending a MSHA approved Instructors class, these courses

are generally 24 hour courses and are given periodically at the MSHA

academy in Beckley, West Virginia and elsewhere around the nation. To

find one contact the MSHA Academy or one of the MSHA educational field

services offices. Once you have attended the class there may be a 3 to 4

week wait before receiving your instructor approval status, so plan ahead.

       The second way of obtaining instructor approval is by submitting a

resume to MSHA that outlines and explains your credentials, be sure it

reflects all of your teaching experience and pertinent subject

understanding. MSHA understands that even non-miners can be

excellent instructors simply by virtue of their expertise on a given subject.

       And the third way to become a MSHA approved instructor is to

teach a class which is monitored by a MSHA field representative. This

probably the hardest way to become an instructor as it takes schedule

coordination with MSHA to arrange for a representative to be available

and at your selected location to monitor your teaching abilities.
                                                                             54




While we are on the subject of MSHA approved instructors you may want

to review 30 CFR Part 48.3 (h) (4) (i) and 48.23 (h) (4) (i) of how a person

can lose their MSHA approval.

       “Instructors may have their approval revoked by MSHA for good

       cause which may include not teaching a course at least once every

       24 months. Before any revocation is effective, the District Manager

       must send written reasons for revocation to the instructor and the

       instructor shall be given an opportunity to demonstrate or achieve

       compliance before the District Manager on the matter. A decision

       by the District Manager to revoke an instructor's approval may be

       appealed by the instructor to the Administrator for Coal Mine Safety

       and Health or Administrator for Metal and Non-metal Safety and

       Health, as appropriate, MSHA, 1100 Wilson Boulevard Room 2424

       (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia

       22209-3939. Such an appeal shall be submitted to the

       Administrator within 5 days of notification of the District Manager's

       decision. Upon revocation of an instructor's approval, the District

       Manager shall immediately notify operators who use the instructor

       for training.”
                                                                              55




       Not mentioned, but another way of losing MSHA approved

instructor status is to falsify records or documents including 30 CFR Part

48 training plans and MSHA 5000-23 forms.

       Next on the list of things to include in your training plan is the

information requested in Title 30 CFR Part 48.3 (c) (4) and 48.23 (c) (4)

       “The location where training will be given for each course.”



       To allow you the trainer as much flexibility as possible in training

and to remain in compliance with the law, be sure to list both onsite and

offsite as possible training locations. Because as you will recall from Title

30 CFR part 48.5 (a)

       “(a) Each new miner shall receive no less than 40 hours of training

       as prescribed in this section before such miner is assigned to work

       duties. Such training shall be conducted in conditions which as

       closely as practicable duplicate actual underground conditions, and

       approximately 8 hours of training shall be given at the mine site.



       You will need to do at least 8 hours of training at the mine for

Subpart A miners and it is recommended that you do some of the training

for Subpart B miners at the mine site also. In addition to the minesite be

sure to make a note that training may also be conducted off of the mine
                                                                              56




site as needed, if you do not list this option you will be required to do all of

your training on site and that may not be to you advantage.

       The next section which MSHA requires to be in your plan is Title 30

CFR part 48.3 (c) (5) and 48.23 (c) (5)

       “(5) A description of the teaching methods and the course materials

       which are to be used in training.”



       As with some of the other sections, this can be a simple, yet

deceiving part of your plan. Do not be bashful about listing a wide range

of materials and methods, the more options you create for yourself the

more flexible and user-friendly your training plan will become. List as

many training methods as you can think of, including lecture, overheads,

video, PowerPoint, hands on instruction, and any other methods you might

use. Just because you list a method you do not have to use them but, they

are available if a situation or course should come along where they would

be appropriate. Many trainers have found that it is wise to use a broad

array of training methods and materials as not all students learn in the

same way.


       Next in Title 30 CFR Part 48.3 (c) (6) and Part 48.23 (c) (6) MSHA

asks for:
                                                                             57




      “The approximate number of miners employed at the mine and the

      maximum number who will attend each session of training.”



      MSHA allows you to choose how big or small your class sizes are

going to be, but it is recommended you keep your class sizes to maximum

of 30 people.      Most plan administrators and writers have found that by

listing a maximum class size of 30 people they can accommodate their

mines needs and still receive a MSHA approval for their plan. Remember

this is maximum number if you wish to do training in groups smaller you

are welcome to do so.



      Moving onward with the process of plan writing you need to next

address Title 30 CFR Part 48.3 (c) (7) and Part 48.23 (c) (7)

      “The predicted time or periods of time when regularly scheduled

      refresher training will be given. This schedule shall include the titles

      of courses to be taught, the total number of instruction hours for

      each course, and the predicted time and length of each session of

      training.”
                                                                                 58




       Of the many places MSHA looks for violations in the compliance of

training this is one of their favorites, as you will recall from Title 30 CFR

Part 48.8 (a) and Part 48.28 (a)

       “Each miner shall receive a minimum of 8 hours of annual refresher

       training as prescribed in this section.”



       In other words MSHA wants to know when you are going to

conduct those 8 hours of training, are you planning on doing it once a year

during a certain time frame such as “every April” or are you planning on

doing it through out the year in 1 hour blocks, or some other variation?

Most trainers have found it is much easier to designate a certain month of

the year to do annual refresher training and conduct it in a one day 8 hour

session, if you opt for some other variation you will find that the record

keeping for it becomes a labor intensive nightmare. And if you happen to

lock yourself into rigid time frames for each of your subjects only to find

out later that you really only need a fraction of the allotted time for it or

vice a versa twice a much time you have a problem. To avoid this list a

flexible time frame for each topic such as 15 minutes to 2 hours, by doing

these two things you have allowed yourself great flexibility.

       It is at this point in writing a training plan that each plan starts to

take on an identity of its own and become unique to the mining operation it
                                                                                  59




is intended to serve. Part of this individualization of a plan depends on

your mines makeup it is a Subpart A, B or both mine? For a

comprehensive discussion and to cover all types of plans lets assume that

your plan needs to be both, a Subpart A and B plan so that all types of

training are covered. There are specific types of training that must be

covered by every Part 48 training plan, New Miner, Experienced Miner,

Task Training, Annual refresher and Hazard training.



Section 3: New Miner Training

       If you refer to Title 30 CFR Part 48.5 and 48.25 you will note that

one of the main the differences is that miners covered under part 48.5

need 40 hours of new miner training and those covered under part 48.25

only need 24 hours of new miner training. But, not only are the time

requirements different, the content of the training is also a little different.

There are seven courses that are required by both Subpart A and B plans,

Instruction in the statutory rights of miners and their representatives under

the Act; authority and responsibility of supervisors, Introduction to the work

environment, Health, Hazard Recognition, Electrical hazards, First Aid,

Health and Safety aspects of the tasks to which the new miner will be

assigned. And then there are another group of courses that will be quite

different in their content between Subpart A and B, there are seven
                                                                           60




additional courses required for a Subpart A plan and six for a Subpart B

plan. The courses needed to complete the this portion of a Subpart A plan

are Self-rescue and respiratory devices, Entering and leaving the mine;

transportation; communications, Mine maps; escapeways; emergency

evacuation; barricading, Roof or ground control and ventilation, Cleanup;

rock dusting, Mine gases and Such other courses as may be required by

the district manager. For a Subpart B plan the courses are Self-rescue

and respiratory devices, Transportation controls and communication

systems, Escape and emergency evacuation plans; firewarning and

firefighting, Explosives and Such other courses as may be required by the

district manager.

      In order to avoid leaving out any parts of your plan lets first review

the seven courses that are common to both types of plans and then look

at the courses that are unique to Subpart A and B.




New Miner Subpart A and B courses

      These are courses that are required for both Subpart A and B and

need to be handled in the same manner and cover the same material

regardless if you are working on Subpart A or B training.
                                                                               61




       Title 30 CFR Part 48.5 (b) (1) and 48.25 (b) (1) require that new

miners receive

       “Instruction in the statutory rights of miners and their

       representatives under the Act; authority and responsibility of

       supervisors.”



       An easy way of complying with this requirement and not leaving

anything out is to provide each new miner with a copy of The Act and read

though it as a group, being sure to include section 2 as required. Many

trainers have found it helpful to cover Title 1, sections 104, 105, 107, 109,

110 and 115 of The Act during new miner training as these are the

sections of The Act that deal directly with issues of importance to miners

and their representatives. Also a good reference to use during this

portion of the training is the Guide to Miners Rights and Responsibilities

under the Federal Mine Safety and Health Act of 1977, which we reviewed

in chapter 2.

       Title 30 CFR Part 48.5 (b) (4) and Part 48.25 (b) (4)

       “Introduction to the work environment.”

is the next topic which is found in both plans, it is easy to accomplish all

you are required to do is give the new miner a tour of your mine to

acquaint them with how your mine operates.
                                                                            62




       Title 30 Part 48.5 (b) (7) and Part 48.25 (b) (7)

       “Health.”

In this section of the training you need to inform the new miner of why and

how you test for dust and noise hazards at you mine and the importance

of that testing to them the miner. It is advised that you introduce the new

miner to Part 62 of Title 30 CFR as it the section of the federal regulations

that deals with the dust and noise compliance.

       Title 30 CFR Part 48.5 (b) (9) and Part 48.25 (b) (8)

       “Hazard Recognition.”

Even though a surface and underground mine will have different and

unique hazards teaching a new miner how to identify and avoid hazards is

the same no matter the environment.

       Title 30 CFR Part 48.5 (b) (10) and Part 48.25 (b) (9)

       “Electrical hazards.”

Both surface and underground mining operations utilize many types of

electrically powered equipment ranging from 12 volts to 7200 volts and it

is imperative that you the trainer spend adequate time acquainting all new

miners with the electrical hazards at your mine and how to work safely

around them.

       Title 30 CFR Part 48.5 (b) (11) and Part 48.25 (b) (10)

       “First aid.”
                                                                             63




During this section of new miners training it is wise to introduce them to

the types and location of first aid supplies at your operation. MSHA not

expects all miners to know where first aid supplies are at but also how to

use them. It is recommended that you spend 12 hours on this subject with

Subpart A miners and at least 6 hours on it with Subpart B miners.

       Title 30 CFR Part 48.5 (b) (13) and Part 48.25 (b) (12)

       “Health and Safety aspects of the tasks to which the new miner will

be assigned”

This is the last of the subjects which are alike for both Subpart A and B.

Because this section of training is also addressed in Title 30 CFR Part

48.6 (b) (11), Part 48.26 (b) (11), Part 48.7 and 48.27 it will be covered in

detail later in this chapter in section 7: Task training.




New Miner Subpart A Specific courses

       This group of courses is tailored to meet the needs of a Subpart A

New Miner underground.

       Title 30 CFR Part 48.5 (b) (2)

        “Self-rescue and respiratory devices.”

Underground miners must be instructed on the care and use of a Self

Contained Self Rescuer commonly known as a SCSR and other
                                                                            64




respiratory protection devices that may be used at your mine. They must

become proficient at donning, using and inspecting their SCSR in order to

comply with this section of the training.

       Title 30 CFR Part 48.5 (b) (3)

       “Entering and Leaving the mine; transportation; communications.”

MSHA is asking for a brief description of how you plan to teach new

miners about proper check-in and check-out at your mine, what is the

appropriate way to transport people thought out the mine and what type

and how to use the various communication systems in the mine.

       Title 30 CFR Part 48.5 (b) (5)

       “Mine map; escapeways; emergency evacuation; barricading.”

Using maps of your mine teach your new miners how to read them and

why it is important know where they are located. Review the various

escapeways at your mine and the importance of being aware of their

locations. Lead your new miners on a mock emergency evacuation so

they understand how to evacuate in a safe manner and have you new

miners practice building a barricade.

       Title 30 CFR Part 48.5 (b) (6)

       “Roof or ground control and ventilation plans.”

To comply with this section of the plan it is best to give you new miners a

copy of you current roof control and ventilation plans and review it with
                                                                               65




them, pointing out any and all items that are of great importance, such as

bolt spacing patterns and procedures to be used in the event of a

ventilation system failure.

       Title 30 CFR Part 48.5 (b) (8)

       “Cleanup; rock dusting.”

Every underground mine must have in addition to roof control and

ventilation plans a cleanup and rock dusting plan. During this section of

new miners training MSHA asks that you share with and explain the

various components of your mines cleanup and rock dusting plans.

       Title 30 CFR Part 48.5 (b) (12)

       “Mine gasses.”

Making new miners aware of mine gasses and their hazardous properties

is vital to their safety as they go about their daily work duties within the

mine. It is recommended that each new miner be introduced to a mine

gas chart which lists all of the mine gases that may be found in

underground mines. Also it is wise to review the properties of these gases

and their health effects on the miners.

       Title 30 CFR Part 48.5 (b) (14)

       “Such other courses as may be required by the District Manager

       based on circumstances and conditions at the mine.”
                                                                            66




Each district manager has the option based on a mines record or type to

add to the list of courses required under Subpart A as they deem fit.

Some district managers make these course requirements a blanket policy

for all mines in their district and others require these courses of only

certain types of operations or even individual mines. In order to comply

with this you must contact the District Manager for the district in which the

mine is located and inquire as to whether or not there are any additional

courses required.




New Miner Subpart B specific courses

This group six courses are required in addition to the courses that are

common to both Subpart A and B plans, in order to meet the needs of a

New Surface Miner.

       Title 30 CFR Part 48.25 (b) (2)

       “Self-rescue and respiratory devices.”

Even thought this course is similar to what is required for a Subpart A

miner you will notice that you do not need to cover SCSR’s in this section

of training for a new surface miner.

       Title 30 CFR Part 48.25 (b) (3)

       “Transportation controls and communication systems.”
                                                                             67




As with any mining operation it wise to inform anyone new to the operation

about how to communicate with others. A review of the communication

systems that are in place at the mining operation and how to use them will

fulfill this portion of the training.

        Title 30 CFR Part 48.25 (b) (5)

        “Escape and emergency evacuation plans; firewarning and

        firefighting.”

This section of training for a surface miner requires you to review you

mines escape and evacuation plans from facilities and work areas and

how to go about fighting a fire if one should occur.



        Title 30 CFR Part 48.25 (b) (11)

        “Explosives.”

Most surface mines use explosives in their daily operations it is required

that you cover the safe identification of explosives and what a new miner

should do if they encounter explosives or even more importantly misfired

explosives in the work place.

        Title 30 CFR Part 48.25 (b) (13)

        “Such other courses as may be required by the District Manager

        based on circumstances and conditions at the mine.”
                                                                            68




Each district manager has the option based on a mines record or type to

add to the list of courses required under Subpart A as they deem fit.

Some district managers make these course requirements a blanket policy

for all mines in their district and others require these courses of only

certain types of operations or even individual mines. In order to comply

with this you must contact the District Manager for the district in which the

mine is located and inquire as to whether or not there are any additional

courses required.




Section 4: Experienced Miner Training

       The training of an experienced miner is similar to that of a new

miner with a few subtle differences.    Since these miners have at least 12

months of previous mining experience and have already been through

New Miner training, this training is geared more towards acquainting and

reminding miners, who are returning to a mine or newly employed at your

mine about specific items in relation to health and safety training.

       One of the main differences is the amount of time required for this

training. If you review Title 30 CFR part 48.6 (b) you will notice that there

is not a specified amount of time for a miner who has been an active miner
                                                                            69




within the last five years but, if they have been out of the industry for more

than five years this training must take at least 8 hours.

        Another difference is the topics that must be covered some are the

same as they would be for a new miner some are similar and some are

entirely different. There are nine topics that are required to be covered for

both Subpart A and B experienced miner training plans, Introduction to the

work environment, Mandatory Health and Safety Standards, Authority and

responsibility of supervisors and miner’s representatives, Hazard

recognition, Prevention of accidents, Emergency medical procedures,

Health, Health and safety aspects of the tasks to which the experienced

miner is assigned and such other courses as required by the district

manager. Then there are four topics which are specific to Subpart A and

another three which are specific to Subpart B. The topics for Subpart A

are Entering and leaving the mine; transportation; communications, Mine

map; escapeways; emergency evacuation; barricading, Roof or ground

control and ventilation plans. For Subpart B the topics are Transportation

controls and communication systems, Escape and emergency evacuation

plans; firewarning and firefighting, Ground controls; working in areas of

highwalls, water hazards, pits, and spoil banks; illumination and night

work.
                                                                               70




          As with the new miner training let us first review the topics that are

common to both Subpart A and B Experienced Miner training and then

take a look at the topics that are unique to Subpart A and then the ones

for Subpart B.



Experienced Miner Subpart A and B courses

          Of the nine courses that are the same for both Subpart A and B

There are five that can be addressed the same as you would for a new

miner, those courses are Introduction to the work environment, Hazard

recognition and Health and Health and safety aspects of the task to which

the experienced miner is assigned and such other courses as may be

required by the district manager, the remaining four require discussion for

our purposes.

The first being Title 30 CFR Part 48.6 (b) (2) and Title 30 CFR Part 48.26

(b) (2)

          “Mandatory health and Safety Standards.”

This section of an experience miners training is to acquaint the miner with

the rules and regulations that are pertinent to the type of mining and tasks

with which they will be involved.

          The second is Title 30 CFR Part 48.6 (b) (3) and Title 30 CFR Part

48.26 (b) (3)
                                                                              71




          “Authority and responsibility of supervisors and miner’s

          representatives.”

The goal of this portion of the training is to share with miners new to your

operation the roles and responsibilities of your supervisors and to inform

them as to who the miners representatives are and how to contact them if

you should need their assistance.

          The third is Title 30 CFR Part 48.6 (b) (8) and Title 30 CFR Part

48.26 (b) (8)

          “Prevention of accidents.”

This topic is a new one, it is not required in new miner training, the

purpose of this section is to inform those new to your operation about the

types of accidents your mine has had in the past and what has been done

to prevent their recurrence.

The fourth is Title 30 CFR Part 48.6 (b) (9) and Title 30 CFR Part 48.26

(b) (9)

          “Emergency medical procedures.”

Unlike new miner training which requires first aid this section of an

experience miners training is geared toward informing them about the

location of first aid supplies through out your mining operation and the

system in place to summon medical help if it should be needed.
                                                                          72




Experienced Miner Subpart A specific courses

       All four courses that are specific to a Subpart A experienced

miners training, Entering and leaving the mine; transportation;

communications, Mine map; escapeways; emergency evacuation;

barricading, Roof or ground control and ventilation plans, Self-rescue and

respiratory devices, are courses that can be address the same as you

would for a new miner. Just remember that the need to discuss these

topics in great detail is not needed as the experience miner already

understands the basic concepts and does not need the in depth training

that would be needed by a new miner on these subjects.



Experienced Miner Subpart B specific courses

      For the Subpart B miner there are three courses that are the same

as they would be for a new miner, Transportation controls and

communication systems; Escape and emergency evacuation plans;

firewarning and firefighting, Ground controls, working in areas of

highwalls, water hazards, pits, and spoil banks; illumination and night

work. Once again these courses can be approached as you would for the
                                                                             73




new miner but only a brief overview of the material is need rather than a

lengthy discussion.



Section 5: Task Training

       MSHA views this portion of a miners training as extremely

important, as you have noticed it is addressed in both new miner Title 30

CFR Part 48.5 (b) (13) and 48.25 (b) (12), experienced miner Title 30 Part

48.6 (b) (11) and 48.26 (b) (11) and here again in its own section of your

training plan Title 30 CFR part 48.7 and 48.27

       “Training of miners assigned to a task in which they have had no

       previous experience; minimum courses of instruction.”

Regardless of who is receiving this training there are four components that

must be accomplished, the Health and safety aspects and safe operating

procedures for work tasks, equipment, and machinery, Supervised

practice during nonproduction, Supervised operation during production,

New or modified machines and equipment.

       Most training plan administrators have found it useful to develop a

task training matrix chart to address this section of their training plan.
                                                                            74




Section 7: Annual Refresher Training

       In order to reduce the redundancy in this paper Title 30 Part 48.8

and 48.28

       “Annual refresher training of miners; minimum courses of

       instruction; hours of instruction.”

can be addressed without reviewing each separate subject. As with new

miner and experienced miner training there are some differences in the

training required under Subpart A and B, for annual refresher training you

the plan administrator must spend at least a total of 8 hours reviewing the

subjects that are relevant to your operation for each respective subpart

with all miners covered by that training plan.



Section 8: Records of training

       In chapter two we reviewed MSHA 5000-23 forms their importance

and how easy it is to make an error when filling them out. But remember

this is not an option this is a federal regulation which MSHA does enforce

with little leniency. This is how you must document what training each

miner has received. Please take note of how long you must keep

completed 5000-23 forms on file for each miner Title 30 CFR Part 48.9 9

(c) and 48.29 (c)
                                                                                 75




       “Copies of training certificates for currently employed miners shall

       be kept at the minesite for 2 years, or for 60 days after termination

       of employment.”




Section 9: Hazard Training



       Since mining is a very divers industry and each mining operation

presents unique dangers to those who not only work there but also those

who are visitors as part of your training program you also need to address

Title 30 CFR part 48.11 and 48.31

“Hazard Training.”

Compliance with this section of the law can be accomplished by simply

informing everyone who comes to your operation of the items that are

listed in Title 30 CFR part 48.11 (1) (2) (3) (4) (5) and 48.31(1) (2) (3) (4)

(5)


       “(1) Hazard recognition and avoidance;


       (2) Emergency and evacuation procedures;
                                                                              76




       (3) Health and safety standards, safety rules, and safe working

       procedures;


       (4) Use of self-rescue and respiratory devices, with self-contained

       self-rescue device training that includes complete donning

       procedures in which each person assumes a donning position,

       opens the device, activates the device, inserts the mouthpiece or

       simulates this task while explaining proper insertion of the

       mouthpiece, and puts on the nose clip; and (5) Such other

       instruction as may be required by the District Manager based on

       circumstances and conditions at the mine.”


There are several key points to remember with this training, with the first

being Title 30 CFR Part 48.11 (b) and 48.31 (b)


       “Miners shall receive the instruction required by this section at least

       once every 12 months.”


The second Title 30 CFR Part 48.11 (d) and 48.31 (d)


       “In accordance with §48.9 (Records of training) of this subpart A,

       the operator shall maintain and make available for inspection
                                                                             77




      certificates that miners have received the hazard training required

      by this section.”


And the Third being Title 30 CFR Part 48.11 (e)


      “Miners subject to hazard training shall be accompanied at all times

      while underground by an experienced miner, as defined in §48.2(b)

      (Definition of miner) of this subpart A.


      Many mine operators have found that the use of a short video

program or a PowerPoint presentation helps make Hazard training easier

to accomplish and provides continuity so that all who receive the training

get the same information.
                                                                           78




CHAPTER 5: SUMMARY, CONCLUSIONS AND RECOMMENDATIONS


      Summary


      In summary this paper has met the goal as stated in Chapter 1: to

provide anyone not familiar with Mine Safety and Health Act and Title 30

CFR Part 48 training a systematic guide of how to design, submit for

approval, and ultimately implement a Title CFR 30 Part 48 training plan

has been met. A through review of the federal laws and regulations that

mandate Title 30 CFR Part 48 was accomplished. A step by step walk

through of how to write a plan was done, with each section addressed as

needed. A review of the accompanying MSHA 5000-23 form which

documents that the training was accomplished has been covered.


      Conclusions


      It would be impossible to write a document that could cover all

variations and questions that a Title 30 CFR Part 48 plan administrator

might encounter, but the basic building blocks for creating and

implementing a plan have been well address in this paper. To the authors

knowledge there is no one document available that addresses Title 30

CFR Part 48 training as comprehensively as this paper does.
                                                                             79




Recommendations


      As noted early on in this paper Title 30 CFR Part 48 training is an

ever evolving process, one that will continually present you the plan

administrator with countless questions. It is strongly urged by the author

of this paper that anyone who finds themselves involved with Part 48

training plans to welcome any and every opportunity to expand their

knowledge of the subject.


      There are several ways in which to do this, one is to consider

MSHA your ally instead of your adversary when it comes to training. You

may find it wise to frequently check with the MSHA in particular the

educational field services division, to stay abreast of changes being

proposed for MSHA training. A second way is to become involved in any

industry trade groups which may have valuable training ideas or plans in

place. And, a third is to develop a network of associates within the mining

industry which have been or are now going down the same bumpy road

you are on.
                                References

Baugh, H. (2004, May) Train the Trainer, International Society of

      Mine Safety Professionals. Salt Lake City, UT

Office of the Federal Register, National Archives and Records

      Administration (2002, Revised July 1). Title 30 Code of Federal

      Regulations Mineral Resources

Office of the Solicitor, Division of Mine Safety and Health, Department of

      Interior. (1977). Federal Mine Safety and Health Act of 1977

U.S. Department of Labor, Mine Safety and Health Administration.

      (Published 1996). MSHA Program Policy Manual Volume III

U.S. Department of Labor, Mine Safety and Health Administration.

      (1998, December). Compliance Guide of MSHA’s Modified

      Regulations on Training and Retraining of Miners

U.S. Department of Labor, Mine Safety and Health Administration.

      (2002, April). MSHA Form 5000-23

(a)U.S. Department of Labor, Mine Safety and Health Administration.

      MSHA Training Plan Advisor. Retrieved April 20, 2004. from

      http://www.dol.gov/elaws/msha/training/miner_rights.asp
(b)U.S. Department of Labor, Mine Safety and Health Administration.

      Instructions for Completing a Mine Safety and Health

      Administration Certificate of Training Form (5000-23)

      Retrieved April 20,2004 . from

      http://www.msha.gov/forms/523INSTR.htm

(c)U.S. Department of Labor, Mine Safety and Health Administration.

      Training Plan Requirements Independent Contractors, Grantees

      and Other Training Providers, Surface Coal Mines and Surface

      Areas of Underground Coal Mines. Retrieved April 20, 2004. from

      www.dol.gov/elaws/msha/training/startplan.asp

(d)U.S. Department of Labor, Mine Safety and Health Administration.

      History of Mine Safety and Health U.S.

      Retrieved June 25, 2004. from

      Legislation from http://www.msha.gov/mshainfo/mshainf2.htm

(e)U.S. Department of Labor, Mine Safety and Health Administration.

      Coal Fatalities for 1900 to 200.3

       Retrieved June 25, 2004. from

      http://www.msha.gov/stats/centurystats/coalstats.htm
(f)U.S. Department of Labor, Mine Safety and Health Administration.

      Metal/Nonmetal Fatalities for 1900 through 2003

      Retrieved August 11, 2004 from

       http://www.msha.gov/stats/centurystats/mnmstats.htm

U.S. Department of Labor, Mine Safety and Health Administration.

      National Mine Health and Safety Academy. (Revised 2000) .

      A Guide to Miners Rights and Responsibilities Under the Federal

      Mine Safety and Health Act of 1977

US Department of Labor, Mine Safety and Heath Administration, National

      Mine Safety Academy. (Revised 2002) . Instructor Training

      Workshop -Part 48 Instructional Guide Series #IG 24a

								
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