[Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
[Proposed Rules]
[Pages 2215-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1079]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 48


Training Policy Review

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice; request for comments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is 
considering revising and clarifying, as needed, policy relating to the 
training and retraining of miners. The policy interprets the existing 
training regulations pertaining to coal and metal and nonmetal mines. 
The purpose of this review is to improve existing policy and reduce 
administrative procedures. MSHA is requesting public input before 
proceeding.

DATES: Submit all comments by March 25, 1996.

ADDRESSES: Send written comments to Frank R. Schwamberger, Acting 
Director, Educational Policy and Development, MSHA, 4015 Wilson 
Boulevard, Room 531, Arlington, VA 22203-1984. Commenters are 
encouraged to submit comments on a computer disk along with a hard 
copy.

FOR FURTHER INFORMATION CONTACT: Thomas W. MacLeod or Joseph M. 
Hoffman, Division of Policy and Program Coordination, Directorate of 
Educational Policy and Development, 703-235-1400.

SUPPLEMENTARY INFORMATION:

I. Background

    MSHA's regulations addressing the training and retraining of miners 
are contained in Title 30 of the Code of Federal Regulations (30 CFR) 
part 48. Over the past 2 years, MSHA has held a series of meetings with 
various segments of the mining community (states, academia, management, 
labor, and associations) to discuss the impact of MSHA's training 
regulations on the mining community.
    During these meetings, participants made numerous suggestions for 
improving miner training, expanding and improving communication between 
MSHA and the mining industry, and exchanging information about safety 
and health issues. In these open forums, participants also suggested 
ways MSHA and the mining community could work together to improve the 
quality of training. MSHA has already implemented, or begun working on, 
several non-regulatory, non-policy related projects. For example, the 
Agency has updated the database that contains MSHA-approved instructors 
so that the records will reflect the existing active instructors. This 
updated database will make it easier for MSHA to send information on 
training-related subjects to instructors who are actively conducting 
health and safety training.
    During these meetings, the Agency also received suggestions about 
revising MSHA's current training policy. To respond further to these 
comments, MSHA is now soliciting comments from the public on training 
policy in the following general areas: (a) administrative reporting 
requirements; (b) flexibility in course content and time for each 
subject; (c) crediting like work experience for training purposes; (d) 
independent contractor training; (e) completing and signing training 
certificates (Form 5000-23); and (f) other items of interest.

II. Discussion

A. Administrative Reporting Requirements

    Under 30 CFR 48.3 and 48.23, the mine operator is required to 
submit to the district manager specific items of information as part of 
a training plan. This includes the 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. Whenever 
this list changes, the operator goes through the process of revising 
and submitting the revisions to MSHA.
    Other items required in a training plan include: location where 
training will be given, description of the teaching methods, predicted 
time or periods of time when regularly scheduled refresher training 
will be given, list of task assignments, and titles of personnel 
conducting the training. While recognizing the importance of 
notification of plan revisions to miners and their representatives, the 
Agency is considering a policy interpretation in which operators may 
not have to notify MSHA of certain revisions in order to retain plan 
approval. Also, MSHA is considering the possibility of allowing 
operators to submit plan changes electronically.

B. Flexibility in Course Content and Time for Each Subject

    MSHA is considering ways to increase flexibility within the present 
regulatory language. For example, a mine operator is required to submit 
to the district manager 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. MSHA is considering revising the 
training policy to allow mine operators to specify a range of times for 
each course (such as 30 minutes to 1 hour for electrical hazards) which 
could vary based on the needs at a particular mine. Although there 
currently is flexibility in the regulations and policy, based on input 
received at recent meetings with the mining community, MSHA believes 
that this flexibility is not widely understood. 

[[Page 2216]]


C. Crediting Like Work Experience for Training Purposes

    Currently shaft and slope and construction workers are not required 
to take part 48 training in most instances. Following current policy, 
if a worker performs shaft and slope work for 12 months or more within 
36 months and is then contracted to perform extraction and production 
work, the worker would not receive credit toward establishing 
experienced miner status for time already worked. MSHA is reviewing the 
possibility of allowing these workers to receive credit toward 
establishing the 12 months of mining experience required to maintain 
experienced miner status.
    Another issue MSHA is considering is experienced miner credit for 
like work experience for a person from a non-mining environment. This 
would allow such a person working on mine property to be considered 
experienced for training purposes. A related issue is how the operator 
would document the existence of like work experience.

D. Independent Contractor Training

    Current policy allows independent contractors to have their own 
training plan or use the mine operator's plan. Contractors can also 
conduct their own training, be trained by the operator, or use approved 
cooperative or state programs. MSHA is considering different language 
to make it easier for independent contractors and operators to 
determine what type of training (new miner, newly-employed experienced 
miner, or hazard) is required for independent contractors.

E. Completing and Signing Training Certificates (Form 5000-23)

    MSHA is considering clarifying the legal responsibility of the 
person certifying that training is completed and who may sign the form 
and when. MSHA is also interested in comments on how computerized 
versions of Form 5000-23 can best be utilized within the existing 
regulatory framework.

III. Request for Comments

    This notice covers the main points raised at the various public 
meetings. During the comment period, anyone may submit comments or 
suggestions related to any aspect of part 48 policy.

    Dated: January 16, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-1079 Filed 1-24-96; 8:45 am]
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