Training Policy Review

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.

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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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