Experienced Miner and Supervisor Training

SUMMARY: This final rule revises MSHA's training regulations to update

and upgrade certain provisions. Specifically, these revisions require

essential health and safety training for certain supervisors; eliminate

new miner training for experienced miners; and promote flexibility in

experienced miner training to meet the specific needs of the miner and

the operator. This final rule will enhance safety and health by

providing effective training of miners and, thus, reducing accidents,

injuries, and illnesses.

DATES: This final rule is effective February 3, 1999, except that

Secs. 48.2(b)(2), 48.22(b)(2), 48.8(c), and 48.28(c) are effective

October 6, 1998 and Secs. 75.161 and 77.107-1 are effective October 6,

1999.

Submit all comments on the information collection burden by

December 7, 1998.

ADDRESSES: Submit written comments on the information collection

requirements directly to the Office of Information and Regulatory

Affairs, Office of Management and Budget (OMB), Attention: Desk Officer

for MSHA, 725 17th Street NW, Room 10235, Washington, DC 20503; and to

MSHA by mail to Carol J. Jones, Acting Director, Office of Standards,

Regulations, and Variances, MSHA, 4015 Wilson Boulevard, Room 631,

Arlington, VA 22203; by facsimile to MSHA, Office of Standards,

Regulations, and Variances at 703-235-5551; or by E-mail to

[email protected]. MSHA encourages commenters sending written comments

by mail or facsimile to also send a computer disk of the comments.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director; MSHA,

Office of Standards, Regulations, and Variances; 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Rulemaking History

Section 115 of the Federal Mine Safety and Health Act of 1977 (Mine

Act), 30 U.S.C. 825, directs the Secretary of Labor to promulgate

regulations concerning safety and health training programs for miners.

Section 115 states that each mine operator must have a training program

approved by the Secretary. The legislative history of the Mine Act

indicates that Congress intended that miners be trained commensurate

with their exposure to mine hazards so that they can effectively deal

with those hazards.

On October 13, 1978, MSHA published regulations for the training of

miners in 30 CFR part 48 (43 FR 47453) implementing Sec. 115 of the

Mine Act. Among other things, the regulations define ``miner'' and

``experienced miner,'' and they specifically require new miner and

newly-employed experienced miner training, task training, and annual

refresher training.

On September 24, 1991, MSHA published a proposed rule (56 FR 48376)

to revise portions of the existing regulations. The comment period for

the proposed rule closed January 24, 1992, and MSHA held two public

hearings: July 21, 1992, in Arlington, Virginia; and July 23, 1992, in

Denver, Colorado. The record remained open until September 25, 1992, to

allow for post-hearing comments.

MSHA received comments from many segments of the mining community.

These comments have been reviewed and considered in the development of

the final rule. Some commenters, however, raised issues outside the

scope of the proposal. The issues addressed in the final rule are

limited to those specifically raised in the proposed rule.

II. General Discussion

Overview

The Congress recognized, and MSHA's experience confirms, that

effective training of miners is important to preventing deaths,

injuries, and illnesses in mining. All miners must be trained to

recognize and avoid mine hazards and to work safely. Effective training

must be complete, preparing miners for the hazards they will face so

that they can assist in the prevention of accidents, injuries, and

illnesses. Circumstances affecting individual miners differ, however.

They have varying levels of mining experience and work in various

mining environments. Effective training must take these differences

into account.

Training that is suitable for miners without mining experience may

not be appropriate for miners with experience. MSHA continues to allow

compliance flexibility under the final rule so that mine operators may

develop training materials that best meet their particular needs. For

example, training should take into account miners whose extent and type

of experience varies, including those transferred from one mine to

another mine owned by the same operator, as well as those miners who

have not worked in their occupation for a period of time. For this

reason, the final rule primarily retains a performance-oriented

approach to experienced miner training.

As required in Sec. 101(a)(9) of the Mine Act, the final rule

promotes effective training without reducing the protection afforded

miners in the following ways. First, it provides that experienced

miners, including supervisors, must take training tailored to meet

their specific needs. Once a miner is experienced, that miner will not

have to take training designed for inexperienced miners. Second, miners

who are away from mining for 5 years or more must receive at least 8

hours of experienced miner training. Third, experienced miner training

includes four new subjects: prevention of accidents, emergency medical

procedures, health, and health and safety aspects of the tasks to be

performed in their jobs. Finally, miners returning to work, following

an absence of 12 months or less, must be made aware of any major

changes in the mine that may adversely affect their safety or health.

Training Plan Modifications

To minimize the paperwork burden, assist mine operators with

compliance, and focus on the importance of quality training, MSHA will

provide assistance and guidance for complying with this regulation. The

Agency will issue compliance guidelines to all mine operators further

explaining the required modifications to their training plans. MSHA

also will include a model training plan addendum with the compliance

guidelines. The operator can attach this model addendum to an existing

MSHA-approved training plan and, thus, eliminate the need to submit a

plan modification to MSHA for approval.

Existing standards require mine operators to post a copy of

revisions to the training plan on the mine bulletin board.

III. Section-By-Section Discussion

Sections 48.2 and 48.22 Definitions

Supervisors as Miners

Like the proposal, the final rule eliminates the training exemption

for supervisors who are subject to State certification programs; all

supervisors are ``miners'' for training purposes. The final rule

removes the specific reference to supervisors from the definition of

[[Page 53751]]

``miner'' under existing Secs. 48.2(a)(1)(ii) and 48.22(a)(1)(ii).

When the training regulations were promulgated in 1978, MSHA

expected that State certification programs would be sufficient for

safety training purposes, and that Federal requirements would duplicate

the requirement of the states. MSHA experience has shown that State

certification programs generally do not focus on the safety and health

aspects of mining, particularly those tasks performed by miners, and

that accidents involving supervisors usually occur while supervisors

are performing mining related tasks. For these reasons, the final rule

will supplement the State certification program by emphasizing health

and safety issues specific to a particular mine or mining method.

Supervisors direct the work force and, in that role, are

responsible for assuring that work is done in a safe and healthful

manner. In many instances, supervisors, who may have to visit many work

areas at a mine, may encounter more hazards than miners who may be

assigned to one area or one piece of equipment. Also, supervisors often

personally intervene and perform non-supervisory tasks when

interruptions of normal work operations occur or when hazardous

situations arise.

Fatalities among underground coal mine supervisors, including State

certified supervisors, confirm their exposure to hazards. From 1990 to

1997, there were 35 underground coal supervisor fatalities. This figure

represents about 15% of all underground coal fatalities during that

period. Though the fatality rate for supervisors has improved in recent

years, their accident experience continues to warrant attention.

Underground coal supervisors are of particular concern because MSHA

estimates that only about 34% of underground coal supervisors receive

or are required to receive part 48 training. About 75% of surface coal

supervisors and all metal and nonmetal (M/NM) supervisors receive or

are required to receive part 48 training.

Supervisors are subjected to many, if not more, of the hazards that

non-supervisory miners face and, therefore, need to receive at least

the same training. The final rule addresses this issue by requiring

that previously exempt State certified supervisors complete part 48

annual refresher training not more than 12 months after the publication

date of this final rule in the Federal Register. This will provide

supervisors the full complement of training that all miners receive,

including courses in Electrical Hazards, Health, Explosives, and

Prevention of Accidents. In this way, the final rule assures that

supervisors will be effectively trained in all health and safety

aspects of their work environment.

Several commenters suggested that the training regulations refer to

both ``miners'' and ``supervisors'' throughout the provisions to ensure

that supervisors are covered by the training requirements. The Agency

contends that separate references to both miners and supervisors

throughout the rule are not necessary. All miners, including

supervisors, need to be effectively trained commensurate with their

exposure to mine hazards. Accordingly, the final rule removes the

supervisor exemption and, by doing so, the definition of ``miner'' will

include supervisors.

Commenters pointed out that some supervisors are primarily office

workers who work at the mine, but are not exposed to mine hazards.

These commenters suggested that these supervisors not be considered

``miners'' and required to complete comprehensive training. One

commenter suggested that MSHA add clarifying language to the regulation

to exclude supervisors who do not perform miners' tasks and are not

regularly exposed to mining hazards. MSHA agrees that these

supervisors, like other miners who are not regularly exposed to mining

hazards, do not need comprehensive training. Under the final rule,

supervisors will be treated like other miners. MSHA does not accept

that additional explanatory language is needed, however, because the

definitions for ``miner'' [Secs. 48.2(a) and 48.22(a)] distinguish

between miners who are required to take comprehensive training from

those, including some supervisors, who only need hazard training

(Secs. 48.11 or 48.31).

On the other hand, MSHA received comments from both industry and

labor representatives suggesting that supervisors who are exposed to

mine hazards should receive training under part 48 beyond that required

for other miners. The comments detailed courses that should be

incorporated into a comprehensive training program specifically for

supervisors. While these comments extend beyond the scope of the

proposal, they raise important issues for future consideration by the

Agency.

One commenter pointed out that many operators use their supervisory

personnel as trainers to fulfill the requirements of part 48. The

commenter was concerned that supervisors who conduct training would be

required to take the same training themselves. Supervisors and miners

who are MSHA approved to conduct training have demonstrated knowledge

of the subject matter through previous instruction or experience. MSHA,

therefore, will credit persons who conduct a training course with

having taken that particular course. For example, an MSHA approved

instructor who teaches a course on health will be credited with having

taken that course.

Requirements for Experienced Miner Status

In the existing standards, an ``experienced miner'' is a person who

has received training acceptable to MSHA from an appropriate State

agency within the preceding 12 months; or a person who has had at least

12 months experience working in a surface or underground mine during

the preceding 36 months; or a person who has received new miner

training within the preceding 12 months. If, for example, a miner is

laid off for more than 2 years, that miner is no longer considered

``experienced'' and reverts to new miner status for training purposes.

In order to be considered ``experienced,'' the miner must complete new

miner training. Consequently, miners who may have significant mining

experience must take training designed for persons new to mining. The

proposal had addressed this lapse in ``experienced'' miner status for

training purposes by allowing a miner to retain this status for life if

the miner completed new miner training and 12 months of mining

experience.

Like the proposal, the final rule defines ``experienced miner'' in

Secs. 48.2(b) and 48.22(b) to mean a miner who has completed new miner

training and has 12 months of mining experience. Once the miner has

attained that training and experience, the miner retains ``experienced

miner'' status for life for training purposes. Upon changing

employment, the miner is then required to receive training specifically

intended for experienced miners.

The final rule allows laid-off miners to retain experienced miner

status, thus making them more competitive. Even when miners have not

been passed over, the lapse of experienced miner status has stirred

some resentment among miners who, by virtue of their mining experience,

do not want to be called or treated as ``new miners.'' The final rule

eliminates the lapse of the experienced miner status, and strengthens

experienced miner training requirements.

MSHA received several comments on the definition of ``experienced

miner.'' Some commenters agreed that the combination of training and

experience

[[Page 53752]]

should qualify a person as an experienced miner.

Other commenters stated that obtaining experienced miner status

might be difficult for some independent contractors working on mine

property. They pointed out that independent contractors are often hired

for their task expertise and that new miner training is not necessary

to assure that these contractors are knowledgeable in the health and

safety aspects of their tasks.

MSHA's position is that, in addition to task expertise, these

independent contractors must have a solid foundation in the health and

safety aspects of their mine work environment. MSHA's experience

indicates that task expertise alone does not substitute for a

familiarity with surrounding safety and health hazards. For example, an

electrician who is contracted to work on mine property will be familiar

with hazards associated with working around electricity, such as water,

grounding, and live wires. The electrician may not be familiar with

mine hazards or health and safety procedures, such as the use of

personal protective equipment, lockout and tagging procedures, and

working in and around operating equipment.

Under the proposal, experienced miner training would have been

``given by an operator or state.'' Commenters said that this provision

would be unduly restrictive as to the types of entities that could

provide the training. It was never MSHA's intention to restrict who

could conduct the training. MSHA considered training provided by the

operator through a third party as training ``given by'' the operator.

For clarification, the final rule requires only that the training be

MSHA-approved. Thus, a variety of entities can conduct the MSHA-

approved training, including private trainers, universities, trade

associations, and labor organizations.

Commenters noted that contractors are mobile, performing work for

short periods of time at many different job sites in mining and general

industry. According to these commenters, such work patterns make it

difficult to accumulate a year's mining experience within 12 months of

receiving new miner training. They suggested that the definition of an

``experienced miner'' include only a training requirement. Work

experience, however, is critical to the hands-on application of the

safe work procedures and practices of each task. Actually doing a task

in a safe manner effectively imprints those practices and procedures

and reinforces learning.

One commenter suggested that experienced underground miners should

be considered experienced surface miners, and vice versa. MSHA rejected

this comment because underground and surface mining present different

environments, hazards, and mining equipment. If ``experienced'' status

is to be meaningful, an experienced underground miner must have

underground experience and an experienced surface miner must have

surface experience.

Similarly, another commenter suggested that either surface or

underground training and experience should suffice for independent

contractors to gain ``experienced'' miner status for both locations.

Again, MSHA concludes that training specifically geared to those

respective environments is both justified and necessary because

independent contractors, like other miners, are exposed to hazards that

are unique to either surface or underground mining environments.

MSHA acknowledges, however, that maintenance and service

contractors often have significant trade experience in work

environments similar to surface mines or the surface areas of

underground mines. These contractors are not exposed to appreciably

different hazards when they are working in similar work environments.

Accordingly, MSHA will allow independent contractors to count their

trade experience in work environments with hazards similar to mining

toward satisfying the 12-month surface mining experience requirement.

For example, a person who has repaired or changed tires for 7 months in

an employment setting with exposure to hazards like those found at mine

properties, may be credited for the 7 months experience.

One commenter stated that it also may be difficult for some new

miners, especially at mines that work intermittently, to gain the 12

months of mining experience within 12 months of receiving new miner

training. Another commenter suggested that the rule should allow

persons 36 months to attain the 12 months of mining experience.

Although the Agency acknowledges the importance of mining experience,

it also agrees that gaining experience consecutively or within a

restricted time frame may be difficult in some cases. In response to

commenters, and to provide flexibility to both miners and operators,

the final rule imposes no limit on the amount of time within which the

miner has to accumulate the 12 months of experience.

The proposal would have recast the existing grandfather provision

for miners employed on October 13, 1978, by adding a 1-year experience

requirement. MSHA received no comment specifically on this part of the

proposal. Commenters were concerned, however, that some other miners,

who are considered to be experienced miners under the existing rule,

would lose that status under this proposed provision because they do

not yet have 12 months of mining experience.

MSHA wants a smooth transition under the final rule without a

disruption to the mining industry. Accordingly, MSHA will consider all

miners who are experienced miners under the existing rule on the

effective date of this final rule to be experienced miners for life.

This addresses the commenters' concern and incorporates the current

grandfather provision without adding requirements.

Under the proposal, MSHA would also have considered supervisors to

be experienced miners if they were certified under an MSHA-approved

State certification program and were employed as supervisors on the

date of publication of this final rule. MSHA received no comment on

this issue and the final rule retains this provision. Because

supervisors are drawn from the pool of experienced miners, this

provision does not reduce protection afforded miners under the existing

standards.

Sections 48.5 and 48.25 Training of New Miners

Under the proposal, an ``experienced miner'' was a miner who had

completed new miner training and had 12 months of mining experience.

The proposal did not address what training a miner would need if the

miner went to work at another mine before gaining the required 12

months of experience. Upon reviewing the proposal, MSHA was concerned

that miners working in different mines before accumulating the required

12 months of mining experience would have to take new miner training

each time they began work at a new mine, resulting in unduly repetitive

and costly training.

One commenter pointed out that a training and experience

requirement that may result in miners, including independent

contractors, repeatedly taking new miner training is undesirable and

not conducive to effective training. Another commenter suggested that

new miner training be good for 36 months.

The final rule addresses this issue in Secs. 48.5(d) and 48.25(d).

This provision allows miners who have received new miner training in

the last 36 months, to take experienced miner training rather than

requiring them to retake new miner training. These miners will then

continue in the operator's regular

[[Page 53753]]

program of training for miners, including task and annual refresher

training. This approach minimizes the likelihood of repeating new miner

training unnecessarily. MSHA has determined that the final provision

reduces the compliance burden on mine operators and provides more

effective training to miners, while not reducing the protection under

the existing standards.

For example, a person new to mining receives surface new miner

training, works 6 months, and leaves the mining industry. Two years

after receiving new miner training, the person is hired at a surface

mine. Because the person had received new miner training within 36

months, the person will be required to receive experienced miner

training rather than new miner training. After an additional 6 months

of working as a miner, the miner will have accumulated 12 months of

total surface mining experience and, for training purposes, will be

considered an experienced surface miner for life.

Alternatively, as another example, if the miner were to receive

surface new miner training, work 6 months, and leave the mining

industry for 4 years, that miner, upon returning to surface mining,

will be required to repeat new miner training. After the miner

completes the new miner training and accumulates another 6 months of

mining experience, that miner will be considered an experienced surface

miner for life. If the miner had accumulated 12 months of mining

experience within 36 months of receiving new miner training, as in the

previous example, that miner would have been required to receive

experienced miner training rather than new miner training.

Sections 48.6 and 48.26 Experienced Miner Training

Consistent with the proposal, the final rule changes the title of

Secs. 48.6 and 48.26 from ``Training of newly employed experienced

miners; minimum courses of instruction'' to ``Experienced miner

training.'' Similarly, all references to ``newly employed experienced

miners'' are revised to read ``experienced miners.''

The final rule states that experienced miner training pertains to

miners rehired or transferred from one mine owned by the same operator

to another, as well as to experienced miners who are newly employed at

the mine for the first time. The final rule also requires experienced

miner training for experienced underground miners who are working on

the surface and are transferred underground, or experienced surface

miners who are working underground and are transferred to the surface.

Miners returning to the mine after an absence of more than 12

months are also required to receive experienced miner training. The

duration, not the cause, of the absence necessitates the training. The

final rule, therefore, removes the itemization of causes of absences

contained in the proposal. This avoids the possibility of miners

``falling through the cracks'' when they have been absent from the mine

for reasons other than those listed. Thus, the absence may be for any

reason including, but not limited to, lay off, work stoppage,

termination, illness, injury, family care, extended leave, or other

work.

Flexible Training

Experienced miners who are new or returning to a mine need to be

apprised of the particular conditions and practices that present new

safety and health hazards at that mine. Effective training prepares

these miners to work safely by familiarizing them with the mine's

environment, providing them with information on the mine's plans and

procedures, and assuring that they have skills that are adequate to

perform their jobs safely. This is practical, mine-specific training.

To provide flexibility for a variety of training needs, the final

rule recognizes the diversity of experience among miners. For example,

training geared for a miner who is experienced, but new to the

operation, may not be appropriate for a miner who is transferred, from

surface to underground or from one mine owned by the operator to

another, and may already be knowledgeable about the operator's plans

and procedures. The final rule requires the operator to vary the time

spent on each subject so as to address the particular needs of the

individual miner. It is up to the operator to determine appropriate

training. MSHA encourages operators to add additional safety and health

subjects based on the specific circumstances and conditions at the

mine.

Commenters suggested that MSHA clarify whether the final regulatory

language refers to surface or underground miners throughout Secs. 48.6

and 48.26. MSHA does not include this suggestion in the final rule. The

term ``experienced miner'' appears in subparts A and B, which apply to

underground and surface miners, respectively.

Commenters also suggested that MSHA clarify proposed

Secs. 48.6(a)(3) and 48.26(a)(3) concerning transferred miners from

underground to surface or surface to underground, to specifically state

which type of transferred experienced miner, surface or underground,

each section covers. For the same reason, the Agency does not include

this suggestion in the final rule. The term ``experienced miner''

appears in the context of subparts A and B, which clearly apply to

underground miners and surface miners, respectively.

Commenters suggested that miners who are transferred from one mine

to another owned by the same operator, should not be required to

receive all of the experienced miner training. They suggested that only

certain subjects be required.

The final rule includes a performance approach to experienced

miners training. MSHA intends that this training requirement be

flexible so as to meet the needs of different miners, with their

varying knowledge and understanding of the mine environment. While a

miner transferring from one mine to another owned by the same operator

may need less training than another experienced miner newly employed by

the operator, all experienced miners must receive at least some

training in all of the required subject areas. This is because this

type of training acquaints miners with specific conditions, plans, and

procedures of a different mine or mine environment.

One commenter stated that experienced miners transferred from the

surface area of an underground mine to underground, or vice versa,

should not be required to complete all of the requirements of new miner

training to be able to transfer. Further, the commenter recommended

that these transferring miners should receive, in all cases, a

predetermined reduction in the number of hours required in new miner

training.

Experienced miner training must not be approached from the

standpoint of ``one size fits all.'' MSHA experience indicates that a

predetermined reduction of required training based on some miners

having prior experience does not account for differences in the miners'

experience. Under the final rule, as under existing policy, MSHA will

allow miners to receive credit for applicable training previously taken

under subpart A to fulfill requirements of subpart B or vice versa. For

example, if an experienced underground miner transfers to a surface

job, that miner's first aid training can be credited toward the first-

aid training required for an inexperienced surface miner. MSHA expects

mine operators to assess the training needs of the transferring miner

[[Page 53754]]

and to determine any applicable training to credit.

Several commenters objected to the phrase in the proposal that

training be ``thorough and effective.'' They maintained that such a

requirement was vague, subjective, and could cause enforcement

problems. MSHA agrees. The final rule does not include this language.

However, MSHA expects mine operators to provide necessary training to

ensure that miners have the information they need to work in a safe and

healthy environment.

Additional Experienced Miner Courses

The existing standards require training in some subjects to

acquaint newly employed experienced miners with the environment,

operations, and hazards at the mine. Miners with more than 1 year of

total mining experience, and who have less than 1 year of mine

experience at the mine where the accident occurred, accounted for about

22% of all miner fatalities from 1990 to 1997. During that period of

time, these miners accounted for only 5% of the total mining

population. This high percentage of accidents indicates that

experienced miners new to a mine are not receiving the training they

need to work safely.

The final rule strengthens training for experienced miners,

requiring training in four additional subjects to increase their

ability to work safely, avoid injuries and illness, and respond to

emergencies. The added courses are: (1) prevention of accidents, with a

review of accidents that have occurred at the mine; (2) the mine's

emergency medical arrangements and the location of first-aid equipment

and supplies; (3) health, including instruction on the purpose of

taking dust and noise measurements, and explaining warning labels and

any health control plan in effect at the mine; and (4) the health and

safety aspects of the task to which the miner will be assigned.

Regarding the course on prevention of accidents, one commenter

stated that a review of all accidents should not be required because

training on specific accidents might not be feasible under certain

circumstances due to employee confidentiality or pending litigation.

The commenter was also concerned that, interpreted broadly, the

provision would require mine operators to provide training on every

accident that occurs at a mine, regardless of degree of the injury.

While some duplicate wording has been removed, the final rule

retains the proposed requirement that a review of general causes of

accidents applicable to the mining environment and causes of specific

accidents at the mine be provided. MSHA intends that mine operators'

instruct miners on accidents of particular concern at the mine. It is

the mine operator's responsibility to determine which accidents should

be reviewed as part of the training. This flexibility is important for

providing mine operators the latitude to design their own training,

tailored to address the specific needs of their unique mining

conditions.

Commenters objected to the proposed first-aid instruction

requirement and suggested that it be eliminated or changed. Some

commenters recommended that first-aid methods be taught according to a

national program. Alternatively, some commenters suggested that

instruction should focus on making miners aware of the locations of

first-aid supplies, rather than requiring training in first-aid

methods. Some commenters noted that a review of first aid would be

redundant, as it is done in annual refresher training, and that

instruction on this subject would impose a burden on many operators to

hire an approved first-aid instructor and obtain first-aid teaching

equipment.

In response to commenters, the final rule requires that experienced

miners be made aware of emergency medical arrangements and locations of

first-aid equipment and supplies. Consistent with this change, the

Agency has changed the title ``First aid'' to ``Emergency medical

procedures.'' Miners who take this course also must take annual

refresher training that includes instruction in first-aid methods.

Additionally, some miners and designated supervisors will receive

first-aid training under the requirements in 30 CFR parts 56, 57, 75,

and 77.

One commenter questioned the need for taking any training related

to health measurements, noting that an experienced miner already knows

the purpose for taking health measurements. MSHA disagrees. It is

important that miners know the health measurements in place at the

mine. Miners who move from one mine to another may encounter new and

different health issues. Health measurement training also serves to

reinforce the importance of appropriate health protection.

Several commenters suggested that instruction on warning labels be

included in hazard recognition training rather than training related to

health. While understanding warning labels promotes safe handling of

materials, frequently the associated hazards have harmful, long-term

effects on miners' health. Under the final rule, therefore, miners must

receive training on warning labels as a part of health training.

One commenter suggested that MSHA provide flexibility for the

health course requirement. The commenter suggested that MSHA provide

language in this section exempting training that does not apply to a

particular operation. For example, training on the use of respirators

should not be required if the miner would not be required to use

respirators. MSHA agrees that training for miners must be relevant for

the needs of each miner and, therefore, the final rule adds the

language ``where applicable'' to this requirement.

One commenter noted that, for clarity, the health training

requirement should match that of annual refresher training. MSHA

agrees, and has reworded the language to be consistent with that in the

surface annual refresher training requirements [30 CFR 48.28(b)(8)].

One commenter suggested that the proposed requirement for

instruction in the mandatory health and safety aspects of miners' tasks

in Secs. 48.6(b)(11) and 48.26(b)(11) would duplicate the existing

course, ``Mandatory health and safety standards'' in Secs. 48.6(b)(2)

and 48.26(b)(2). MSHA concurs to the extent that, in the proposal, both

courses included instruction in mandatory health and safety standards.

Under the final rule, there is no duplication. The final rule also

clarifies that the training required in Secs. 48.6(b)(11) and

48.26(b)(11) is not for miners who, because of no task experience

within the prior 12 months, are required to take task training under

Secs. 48.7 and 48.27.

Proposed Secs. 48.6(e) and 48.26(e) addressed task training. MSHA

agrees with commenters that this provision duplicates existing part 48

regulations, and it is not included in the final rule. The final rule

clarifies language in Secs. 46.6(b)(11) and 48.26(b)(11), ``Health and

safety aspects of the tasks to which the experienced miner is

assigned,'' that if a miner receives task training under Secs. 48.7 or

48.27, then training in the health and safety aspects of the task is

not required under experienced miner training.

Like the proposal, the final rule modifies the language in

Sec. 48.26(b)(5), pertaining to instruction in escape and emergency

evacuation plans, by adding the words, ``in effect at the mine.'' This

change is made to keep the subject matter focused on the plans and

procedures at the specific mine. MSHA received no comments on this

change.

In response to comments, the final rule also modifies, the language

in Secs. 48.6(b)(7) and 48.26(b)(7), concerning instruction in hazard

recognition, focusing on the recognition and

[[Page 53755]]

avoidance of hazards present at a specific mine. Like the proposal, the

final rule is performance oriented and does not specify particular

topics to cover in this course, so that the mine operator will have the

flexibility to address hazardous conditions unique to the mine. MSHA

expects mine operators to take a close look at hazards related to mine

gases, electricity, explosives, and haulage, where applicable. In

identifying these areas the Agency does not intend that they are all

inclusive, but rather indicative of hazards at the mine that could

potentially cause an accident.

Several commenters responded to proposed Secs. 48.6(f) and

48.26(f), which provided that experienced miners returning to work

after an absence of up to 12 months must receive training on changes in

the mine environment. The final rule revises and redesignates the

provisions as Secs. 48.6(e) and 48.26(e). The Agency intends that this

training be practical awareness training so that returning miners,

experienced and inexperienced, may know the changes which could

adversely affect their safety and health.

Commenters questioned what changes would trigger this training for

miners returning to work. Commenters suggested that only significant or

fundamental changes be covered. In response to comments, the final rule

clarifies that the changes must be ``major.'' A major change is a

change which the operator knows or should know is likely to endanger

the safety or health of the miner. To facilitate the effectiveness of

training, commenters also suggested that it be given by knowledgeable

persons designated by the operator. The Agency has included this

suggestion in the final rule. These knowledgeable persons do not have

to be approved instructors.

In addition, commenters were concerned about recordkeeping,

including documentation and tracking burdens. Consistent with the

Paperwork Reduction Act, intended to minimize recordkeeping

requirements, the final rule requires no recordkeeping under

Secs. 48.6(e) and 48.26(e). This will assist operators in providing the

practical awareness training in a timely manner.

Commenters were also concerned that MSHA specify what is intended

by an ``absence'' and suggested that a minimum absence time be

included, such as 60 days, before this training requirement would be

triggered. MSHA intends that this provision address miners who are away

from the mine site for any length of time up to 12 months for whatever

reason (illness, injury, lay-off, work stoppage, vacation, weekend,

off-shift time, etc.). The Agency has not included a minimum length of

absence because changes at the mine site which endanger miners' safety

or health can occur quickly; these changes may have nothing to do with

the length of the absence. Therefore, the final rule is not conditioned

on any minimum time related to an absence.

Another commenter suggested that, instead of an absence of up to 12

months, 6 months should be the maximum absence allowed under this

paragraph. The final rule contemplates that returning experienced

miners will receive either this training under Secs. 48.6(e) or

48.26(e) or receive the full complement of experienced miner training

under this section. Because experienced miner training [Secs. 48.6 or

48.26] is required for a miner who is absent for more than 12 months,

the 12-month maximum is retained in Secs. 48.6(e) and 48.26(e) in the

final rule.

Specific Time Requirements

In the preamble to the proposed rule, MSHA invited comment on

whether these regulations should specify time requirements,

particularly a minimum number of hours for experienced miner training.

Some commenters stated that a time requirement would inhibit the

flexibility for training experienced miners. Because the experienced

miner training covers varying backgrounds, and individual training

needs differ, the final rule does not contain a ``one-size-fits-all''

time minimum for all experienced miners. As noted above, under the

final rule, operators must design the instruction to meet the specific

needs of the miners. For training to be meaningful, it must instill

knowledge or proficiency in the subject matter. Under the final rule,

operators must provide training in necessary subjects in sufficient

depth so as to adequately meet the miners' needs.

Other commenters said that there should be a required minimum of 8

hours of training to assure that adequate time is devoted to training.

The Agency agrees that a minimum time is warranted in the limited

instance of miners returning to mining after an extended absence of

many years. Over time, safety skills and knowledge erode, this is

further exacerbated by long absences. Mining is becoming increasingly

complex and subject to technological innovation. Miners re-entering the

field after being away for many years, need to be properly trained.

Training must be of sufficient duration to apprise these miners of new

developments, as well as re-acquaint them with safe mining practices

and procedures. In response to comments, and to assure that miners who

have been away from mining for an extended period receive adequate

training, the final rule requires that experienced miners returning

after an absence from mining of 5 years or more must receive at least 8

hours of experienced miner training before starting work. MSHA is aware

that many operators already provide 8 hours of training for all newly

employed experienced miners and commends the industry for this

commitment to better, more comprehensive training.

Sections 48.8(c) and 48.28(c) Annual Refresher Training of Supervisors

In the proposed rule, if training was required by Secs. 75.161(a)

or 77.107-1 within 30 days of the effective date of the revision,

annual refresher training would not begin more than 31 days after the

effective date. The Agency was concerned that, as worded, this

provision was confusing and unnecessary. Accordingly, Secs. 48.8(c) and

48.28(c) is modified in the final rule. Supervisors subject to MSHA

approved State certification must receive annual refresher training not

more than 12 months after this rule is published.

To accommodate flexibility, reduce burden, and respond to

commenters' concerns, the Agency is providing an effective date of 12

months for mine operators to provide annual refresher training for

supervisors. Consistent with existing MSHA training policy for miners,

the final rule establishes the initial anniversary date for annual

refresher training of supervisors, for the month the final rule is

published. Therefore, October, 1998 is the initial anniversary month

for those supervisors who were not required to receive annual refresher

training. These supervisors have 12 months from this date to complete

annual refresher training. By allowing 12 months for this training, the

Agency allows time for outreach activities for operators and

supervisors, and facilitates the inclusion of State certified

supervisors into the operator's existing annual refresher training

program cycle.

If the mine operator wants to provide annual refresher training to

all miners only once a year, then the supervisor would have to receive

the training with other miners before 12 months have elapsed. This will

establish a new anniversary date for that supervisor.

According to one commenter, the scheduling of annual refresher

training for supervisors, who have been trained under the requirements

of 30 CFR 75 and 77, should not be limited to the coal sector of the

mining industry. This

[[Page 53756]]

aspect of the final rule primarily affects coal supervisors, however,

because some of these supervisors were previously exempt from part 48

training.

Sections 75.161 and 77.107-1 Plans for Training Programs

Like the proposed rule, the final rule revises certain training

provisions in 30 CFR parts 75 and 77, for certified persons in

underground and surface coal mines, respectively. It removes course

requirements for methane measurement and oxygen deficiency testing,

roof and rib control, ventilation, and use of self-contained self-

rescue devices from Sec. 75.161 and the course requirement for

principles of mine rescue from Sec. 77.107-1. These deletions do not

reduce protection afforded miners under the existing rule, but only

eliminate duplicate provisions and consolidate training requirements in

part 48.

Specifically, the final rule removes the training requirement in

Sec. 75.161(a) for methane measurement and oxygen deficiency testing,

which is covered in Sec. 48.8(b)(10) (Mine gases); in Sec. 75.161(a)

for roof and rib control and ventilation plans, which is covered in

Sec. 48.8(b)(4) (Roof or ground control and ventilation plans); and in

Sec. 75.161(c) for self-contained self-rescue devices, which is covered

in Sec. 48.8(b)(8) (Self-rescue devices and respiratory devices). The

final rule also revises Sec. 77.107-1 by deleting the reference to

principles of mine rescue, as this training is covered under existing

Sec. 48.28(b)(3) (Escape and emergency evacuation plans; fire warning

and firefighting).

One commenter suggested that MSHA add language to clarify that

training received under part 48 would not diminish State and Federal

requirements for certified persons. The final rule removes only

duplicate training requirements from 30 CFR 75 and 77. Additional

training requirements for certified persons, under existing standards

in parts 75 and 77, are not covered by part 48 and are unchanged;

therefore, additional language to address this point is unnecessary.

One commenter believed that MSHA did not go far enough in removing

overlapping topics. This commenter recommended also removing the first-

aid training requirements from 30 CFR parts 75 and 77 and leaving the

first-aid requirements in 30 CFR part 48 to satisfy all first-aid

training needs. In 30 CFR part 48, however, supervisors may never

receive a comprehensive first-aid course, because they can receive only

a review of basic first-aid and satisfy requirements for part 48 annual

refresher training. The first-aid training requirements in

Secs. 75.1713 and 77.1705 will assure that there are supervisors on

mine property who will receive, at a minimum, 5 hours of refresher

first-aid training annually.

As discussed previously, MSHA allows operators 12 months to provide

annual refresher training to supervisors under Secs. 48.8 and 48.28.

This requirement, however, does not eliminate the requirement for

annual training of certified and qualified persons under the existing

Secs. 75.161 and 77.107-1. In removing courses that duplicate those

required under part 48 from the training required for certified and

qualified persons by parts 75 and 77, the final rule creates the

potential for a lapse in vital training. To eliminate this possible

lapse in training, the effective date for removal of duplicate training

courses from 30 CFR parts 75 and 77 is also 12 months from the date of

publication of this final rule.

In effect, this will require an underground supervisor to receive

annual refresher training under Sec. 48.8, as well as annual training

under existing Sec. 75.161 during the 12 months after the final rule is

published. MSHA will, however, allow for crediting during this

transition period. As an example, if a supervisor receives annual

refresher training under Sec. 48.8 before 12 months has lapsed since

the supervisor last received training under Sec. 75.161, and the

refresher training duplicates the existing requirements of Sec. 75.161,

that supervisor will not have to repeat those duplicate courses when

next receiving training under Sec. 75.161. After the effective date of

final Secs. 75.161 and 77.107-1, which is 12 months from date of

publication in the Federal Register, (1) all supervisors will have

received initial annual refresher training under part 48; (2) the

duplicate courses will have been removed from the training required by

Secs. 75.161 and 77.107-1; and (3) these duplicate courses will be

covered in the supervisor's subsequent annual refresher training under

part 48.

MSHA also proposed removing Sec. 77.1709, which requires new

employees to be trained in safety rules and safe work procedures before

they begin work at the mine. These requirements are covered under

Sec. 48.25 (Training of new miners), Sec. 48.26 (Experienced miner

training), and Sec. 48.27 (New task training). MSHA received no

comments on this proposal. The final rule removes existing

Sec. 77.1709.

IV. Paperwork Reduction Act

The final rule contains collection of information requirements in

Secs. 48.2/22 and 48.6/26. The information collection requirements

associated with part 48 training are approved under OMB Control Number

1219-0070. This final rule will require modification of the information

collection budget for part 48. These requirements have been submitted

to the Office of Management and Budget (OMB) for review under section

3504(h) of the Paperwork Reduction Act of 1995 (PRA 95). The

respondents and requirements are discussed below with an estimate of

the annual information collection burden.

Description of Respondents

The respondents are mine operators and individuals who are paid to

perform tasks for the mine operator (e.g., instructors). Respondents

are not required to respond to any collection of information unless it

displays a currently valid OMB control number. MSHA estimates that this

information collection requirement affects all (about 20,650) mines and

independent contractors. MSHA data for 1997 indicate that there are

about 2,560 coal mines, 10,960 metal/nonmetal mines, 3,890 independent

contractors at coal mines, and 3,240 independent contractors at metal/

nonmetal mines.

Description of Information Collection Burden

The estimated incremental information collection burden hours

associated with this final rule can be divided into the following three

categories: (1) revising the definition of ``miner;'' (2) improving

experienced miner training; and (3) requiring experienced miners,

before they return to work following an absence of 12 months or less,

to have training on the significant changes in the mine environment

that could affect the miners' safety or health.

State-Certified Supervisors as ``Miners''

The burden hours and associated costs for supervisors to take

annual refresher training are included under the costs for changing the

definition of ``miner'' to include all supervisors who previously had

been exempt from part 48. The final rule increases the hours associated

with this recordkeeping burden.

The current MSHA-approved training form (5000-23) is constructed

for ease in keeping a record of the miners' and supervisors' various

training courses. MSHA anticipates that the keeping of this record for

supervisors requires only the supervisor's name, the date of the

training, and checks in the appropriate boxes to indicate the types of

training taken. The burden hours for this change

[[Page 53757]]

in the final rule are those associated with the actual time spent in

filling out the training form. MSHA estimates that this recordkeeping

will take about 3 minutes (0.05 hours) each for about 5,900 coal

supervisors annually. This burden will be about 300 hours at an

associated cost of about $12,700. This final rule will not impose

additional burden hours for the instructor because the supervisor can

attend training with other miners.

Requirements for ``Experienced Miner'' Status

This final rule changes the requirements for obtaining experienced

miner status for training purposes. It removes the lapse in

``experienced miner'' status currently required when a miner has been

away from mining for over 3 years. There is no additional paperwork

associated with this change.

Training Plan Revisions

This final rule will require mine operators to modify their

training plans. Training Plan revisions are approved under OMB Control

Number 1219-0009. MSHA estimates that the burden hours for this

recordkeeping will not change because the Agency intends to distribute

a training plan addendum which operators can use to modify their

training plans without having to submit the change to MSHA for

approval.

Development of Training Course

The development of training courses is considered an information

collection burden under PRA 95. The final rule adds four courses to

experienced miner training. Three of these four courses are currently

included in ``new miner'' training and need only slight modification to

tailor them to the needs of experienced miners. Based on past

experience, MSHA expects that these courses will be developed or

modified by management or supervisory personnel. The total estimated

one-time, initial information collection burden, for the development of

a new course and modifying the existing courses, is about 24,000 hours

with an associated cost of about $918,200. Further, the Agency

estimates that any subsequent revisions to the courses would impose

only a negligible burden.

Additional Instructor Time

MSHA estimates that the four additional required courses will

increase the time spent on experienced miner training by an average of

2 additional hours. MSHA estimates that the additional burden hours for

training conducted by 8,850 instructors will be about 17,700 hours at

an associated cost of $688,100. MSHA estimates that the incremental

expense for supplies and course materials are negligible.

Significant Changes in the Mine Affecting Safety and Health

The final rule requires operators to provide instruction about any

significant changes in the mine environment that have occurred while

the miner was away that could affect the miner's safety or health. For

the purpose of this analysis, MSHA estimates that about 32,660 miners

who return to work following an absence of 12 months or less, will need

such instruction. MSHA estimates further that this instruction will

take about 5-6 minutes (0.1 hour) and it will be provided orally by the

miner's supervisor. MSHA estimates that this new provision will impose

an additional burden on mine operators of about 6500 hours at an

associated cost of about $251,800.

MSHA did not include burden estimates for supervisors instructing

groups of miners returning after a change of shift, a holiday, or a

weekend. MSHA considers that the supervisor's instruction of miners at

the beginning of a new workshift is a normal business practice.

Summary of Information Collection Burden

The following chart summarizes MSHA's estimates for compliance with

PRA 95.

----------------------------------------------------------------------------------------------------------------

Average No.

Provision No. Average hours Average No. responses per Total hours

respondents per response responses respondent

----------------------------------------------------------------------------------------------------------------

Annually Recurring Burden

----------------------------------------------------------------------------------------------------------------

Secs. 48.2/22(a)............... 2,699 0.05 5,901 2.19 295

Secs. 48.5/25(d), 48.6/26(b)... 20,646 1.09 16,205 0.78 17,693

Secs. 48.6/26(e)............... 20,646 0.10 65,329 3.16 6,533

---------------

Total....................... 20,646 0.28 87,435 4.23 24,521

----------------------------------------------------------------------------------------------------------------

One-Time Initial Burden

----------------------------------------------------------------------------------------------------------------

Secs. 48.6/26(b)............... 20,646 1.16 20,646 1 23,981

----------------------------------------------------------------------------------------------------------------

*Discrepancies due to rounding.

Submit written comments on the information collection burden by

December 7, 1998 to the Office of Information and Regulatory Affairs,

Office of Management and Budget (OMB), Attention: Desk Officer for

MSHA, 725 17th Street NW., Room 10235, Washington, DC 20503.

V. Executive Order 12866 and Regulatory Flexibility Act

Executive Order (E.O.) 12866 requires that regulatory agencies

assess both the costs and benefits of intended regulations. MSHA has

determined that this rulemaking is not a significant regulatory action.

The Regulatory Flexibility Act (RFA) requires regulatory agencies

to consider a rule's impact on small entities. Under the RFA, MSHA must

use the Small Business Administration's (SBA) definition for a small

mine of 500 or fewer employees or, after consultation with the SBA

Office of Advocacy, establish an alternative definition for the mining

industry by publishing that definition in the Federal Register for

notice and comment. MSHA traditionally has considered small mines to be

those with fewer than 20 employees. For the purposes of the RFA, MSHA

has analyzed the impact of the final rule both on mines with 500 or

fewer employees and on those with fewer than 20 employees. MSHA has

determined that this final rule will not impose a substantial cost

increase on small mines, whether a small mine is defined as fewer than

20 miners or fewer than 500 miners.

MSHA has prepared a Regulatory Economic Analysis (REA) and

Regulatory Flexibility Certification Statement to fulfill the

requirements of E.O. 12866 and the Regulatory Flexibility Act. This REA

is available

[[Page 53758]]

from the Agency upon request and is posted on MSHA's Homepage at

www.msha.gov.

Regulatory Flexibility Certification Statement

Based on its analysis of costs and benefits, MSHA certifies that

this final rule will not impose a significant economic impact on a

substantial number of small entities.

Factual Basis for Certification

MSHA used a quantitative approach in concluding that the final rule

does not have a significant economic impact on a substantial number of

small entities. This final rule will change the definition of a miner

to include State-certified supervisors, change the definition of

experienced miner to reflect a miner's past experience, and strengthen

training requirements for experienced miners.

Compliance Costs

The incremental compliance costs of this rule include (1) the

annually recurring costs for training previously exempted State-

certified supervisors and the added training for experienced miners,

and (2) the one-time cost for modifying existing courses and developing

a new course for experienced miner training. MSHA estimates that the

total initial cost will be $3.5 million. This includes an annually

recurring cost of about $2.6 million and a one-time cost of about $0.9

million. MSHA has determined that this final rule will not have a

significant economic impact on prices, production, or employment.

In its estimates, MSHA used a wage rate, including non-wage

benefits, of $43 per hour for coal supervisors and $36 per hour for

metal/nonmetal supervisors. MSHA used preliminary 1997 Agency data to

determine the number of mines and miners. These estimates include

contractors and contractor employees subject to the training

requirements. MSHA developed the distribution of supervisors as a

percentage of employment based on this Agency data.

Cost Impact on Small Entities

Using the Agency's traditional definition of a small mine, i.e.,

one employing fewer than 20 miners, MSHA estimates that the initial

cost of this final rule will be about $1.88 million, which includes an

annually recurring cost of $1.22 million and a one-time cost of $0.66

million. Using MSHA's traditional definition of a small entity, small

operators have an estimated revenue of about $16.4 billion based on

1997 data. The cost impact on this industry segment is about 0.01% of

revenue.

MSHA estimates that the initial cost of the final rule for small

mines, using SBA's definition of 500 or fewer employees, will be about

$3.44 million, which includes an annually recurring cost of $2.52

million and a one-time cost of $0.92 million. Using SBA's definition of

a small entity, small operators have an estimated revenue of about

$54.7 billion based on 1997 data. The cost impact on this industry

segment is less than 0.01% of revenue.

The estimated contribution of the mining industry to the gross

domestic product is about $58 billion of which the estimated cost of

the final rule is less than 0.01%. When estimated compliance costs are

so small in relation to estimated revenues, the Agency believes that it

is generally appropriate to conclude that there is no significant

impact on a substantial number of small entities. MSHA believes that

this analysis provides a reasonable basis for the certification in this

case.

The Agency will provide a copy of this final rule and regulatory

flexibility certification statement to the SBA Office of Advocacy. In

addition, MSHA will mail a copy of the final rule, including the

preamble and regulatory flexibility certification statement, to all

affected mines and miners' representatives.

Benefits

The RFA requires that, when developing regulations with major

economic impacts, agencies evaluate and include, wherever possible,

compliance alternatives that minimize any adverse impact on small

entities. This final rule benefits both small and large mining

operators and contractors by providing compliance flexibility, where

appropriate, which allows the operator or contractor to be more

responsive to the needs of miners. Thus, it enhances safety and health.

This final rule removes the exemption of State-certified

supervisors from the definition of ``miner'' for purposes of part 48

training. This change affects supervisors in coal mines. From 1990

through 1997, 50 coal supervisors (12.9% of all coal fatalities) were

killed. Of these, 35 occurred underground. Had the percentage of

fatalities been the same for coal supervisors as for non-supervisory

coal miners, MSHA projects that 43 coal supervisors (23 of which are

underground coal supervisors), rather than 50, would have died during

this time period. The average of these higher than expected fatalities

is about 0.9 fatalities per year. The higher than expected number of

fatalities is 1.5 per year for underground coal mine supervisors. Based

on the greater impact on underground coal supervisors, MSHA estimates

that the training required by this rule will help reduce excess

supervisory fatalities by about 0.5 fatalities per year, which is

slightly more than 50%.

Similarly, the percentage of fatalities between 1990 and 1997 for

miners who had more than 1 year of total mining experience, but less

than 1 year at the mine where the fatality occurred, is greater than

the percentage of fatalities for all other miners. During that time

period, these newly-employed experienced miners (NEEMs) incurred 174,

or 22%, of the 793 fatalities, even though NEEMs constitute only about

5.3% of the miner population. Had the percentage of fatalities been the

same for NEEMs as the percentage of fatalities for other miners,

including new miners and supervisors, MSHA projects that 34 NEEMs,

rather than 174, would have died during this time period. The average

of the 140 higher than expected fatalities is about 17.5 per year.

In its Preliminary Regulatory Impact Analysis and Regulatory

Flexibility Analysis: Proposed Rule on Part 48 Training (PRIA), August

1991, MSHA had estimated that implementation of the proposed rule would

have reduced NEEM fatalities by 20%. The PRIA states:

In evaluating the potential effectiveness of these proposed

additional training requirements * * *, MSHA relied upon its

experience in observing the effectiveness of training programs and

upon a qualitative review of the possible effects on injury rates of

the experience and seniority factors. On that basis, therefore, MSHA

estimates that about 20 percent of the excess fatalities occurring

to newly-employed experienced miners, or about four fatalities per

year, could be prevented by compliance with the proposed

requirements * * *. (Pages III-20 and III-21)

A commenter stated that attributing a lack of part 48 training to

the higher than expected fatality rate among underground coal

supervisors or NEEMs is ``too simplistic.'' This commenter contends

that most mines already provide supervisors with some or all of the

required part 48 training. Commenters submitted alternative

explanations as to why supervisors and NEEMs have a fatality rate

higher than other categories of miners. One commenter stated that many

supervisors often do not use the best judgment in every situation;

neither do they use necessary safety equipment in all cases. Further

this commenter stated that the higher fatality rate for NEEMs was due,

in part, to the fact that some miners

[[Page 53759]]

were using techniques learned from previous mining experience which

might not be appropriate to handle a different mining condition or

situation.

In both the PRIA and this REA, MSHA estimates that about 20% of the

supervisors at small underground coal mines, 40% of the supervisors at

large underground coal mines, and 75% of the supervisors at surface

coal mines receive or conduct part 48 annual refresher training. All

supervisors at M/NM mines are required to receive part 48 training.

Furthermore, in the PRIA, the Agency acknowledged that training, in and

of itself, does not prevent accidents. The Agency contends, however,

that training contributes to a reduction in accidents, injuries,

illnesses, and fatalities by fostering safe work practices, increasing

job skills, and enhancing hazard awareness and prevention. The PRIA

stated that compliance with the revised part 48 rule would help prevent

about 50% of the excess supervisory fatalities and 20% of the excess

NEEM fatalities.

In the absence of any comments or data to refute this estimate,

MSHA estimates that compliance with this final rule will help reduce

the greater than expected number of supervisory and NEEM fatalities by

four fatalities per year (0.5 supervisor and 3.5 NEEM fatalities). MSHA

contends that effective training, tailored to the needs of individual

miners and supervisors, together with reinforcement of management's

policies, procedures, and work practices affecting miners' safety and

health, can have a substantial impact on eliminating the unsafe

behaviors and work practices described by commenters.

VI. Executive Order 12875 and the Unfunded Mandates Reform Act

Executive Order (E.O.) 12875, Enhancing the Intergovernmental

Partnership, requires executive agencies and departments to reduce

unfunded mandates on State, local, and tribal governments; to consult

with these governments prior to promulgation of any unfunded mandate;

and to develop a process that permits meaningful and timely input by

State, local, and tribal governments in the development of regulatory

proposals containing a significant unfunded mandate. E.O. 12875 also

requires executive agencies and departments to increase flexibility for

State, local, and tribal governments to obtain a waiver from Federal

statutory or regulatory requirements.

The final rule will impact about 212 sand and gravel or crushed

stone operations that are run by State, local, or tribal governments

for the construction and repair of highways and roads. MSHA offered

these governments an opportunity to provide meaningful and timely

input, at the proposed rule stage, through the promulgation of the

proposal for notice and comment. MSHA also mailed a copy of the

proposed rule to each mine owned or operated by a State, local, or

tribal government. No state or local government commented or requested

a waiver of regulatory requirements. MSHA will mail a copy of this

final rule to these 212 entities.

The Unfunded Mandates Reform Act was enacted in 1995. While much of

the Act is designed to assist the Congress in determining whether its

actions will impose costly new mandates on State, local, and tribal

governments, the Act also includes requirements to assist Federal

agencies to make this same determination with respect to regulatory

actions.

MSHA has determined that, for purposes of Sec. 202 of the Unfunded

Mandates Reform Act of 1995, this final rule does not include any

Federal mandate that may result in increased expenditures by State,

local, or tribal governments in the aggregate of more than $100

million, or increased expenditures by the private sector of more than

$100 million. Moreover, the Agency has determined that for purposes of

Sec. 203 of that Act, this final rule does not significantly or

uniquely affect these entities.

VII. Executive Order 13045: Protection of Children From

Environmental Health Risks and Safety Risks

In accordance with E.O. 13045, MSHA has evaluated the environmental

health and safety effects of the rule on children. The Agency has

determined that the final rule will have no effect on children.

VIII. Executive Order 13084 (Consultation and Coordination with

Indian Tribal Governments)

MSHA certifies that the final rule does not impose substantial

direct compliance costs on Indian tribal governments.

Further, MSHA provided the public, including Indian tribal

governments which operated mines, the opportunity to comment during the

proposed rule's comment period. No Indian tribal government applied for

a waiver or commented on the proposal.

List of Subjects

30 CFR Part 48

Mine safety and health, Reporting and recordkeeping requirements,

Training programs.

30 CFR Part 75

Coal mines, Mine safety and health, Training programs, Underground

mining.

30 CFR Part 77

Coal mines, Mine safety and health, Surface mining, Training

programs.

Dated: September 29, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

Accordingly, for the reasons set out in the preamble, 30 CFR,

chapter 1, is amended as set forth below.

PART 48--[AMENDED]

1. The authority citation for part 48 is revised to read as

follows:

Authority: 30 U.S.C. 811, 825.

2. Remove the words ``training of newly employed experienced

miners'' and add, in their place, the words ``experienced miner

training'' in the following places:

a. Sec. 48.2(a)(1) introductory text

b. Sec. 48.22(a)(1) introductory text

3. Remove the words ``training newly employed experienced miners''

and add, in their place, the words ``training experienced miners'' in

the following places:

a. Sec. 48.3(a) introductory text

b. Sec. 48.23(a) introductory text

4. Section 48.2 is amended by removing paragraph (a)(1)(ii),

redesignating paragraph (a)(1)(iii) as paragraph (a)(1)(ii), and

revising paragraphs (a)(2) and (b) to read as follows:

Sec. 48.2 Definitions.

For the purposes of this subpart A--

(a) * * *

(2) Miner means, for purposes of Sec. 48.11 (Hazard training) of

this subpart A, any person working in an underground 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.

(b) Experienced miner means:

(1) A miner who has completed MSHA-approved new miner training for

underground miners or training acceptable to MSHA from a State agency

and who has had at least 12 months of underground mining experience; or

(2) A supervisor who is certified under an MSHA-approved State

certification program and who is

[[Page 53760]]

employed as an underground supervisor on October 6, 1998; or

(3) An experienced underground miner on February 3, 1999.

* * * * *

5. Section 48.5 is amended by revising paragraph (d) to read as

follows.

Sec. 48.5 Training of new miners; minimum courses of instruction;

hours of instruction.

* * * * *

(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 Sec. 48.6(b) of this part and, if

applicable, the new task training in Sec. 48.7 of this part. The

operator must also provide the miner with annual refresher training and

additional new task training, as applicable.

6. Section 48.6 is amended by revising the heading, paragraph (a),

the introductory text of paragraph (b), and paragraph (b)(7); by

redesignating paragraph (b)(8) as paragraph (b)(12), and paragraph

(b)(9) as paragraph (b)(13); and by adding new paragraphs (b)(8),

(b)(9), (b)(10), (b)(11), (c), (d), and (e) to read as follows:

Sec. 48.6 Experienced miner training.

(a) Except as provided in paragraph (e), this section applies to

experienced miners who are--

(1) Newly employed by the operator;

(2) Transferred to the mine;

(3) Experienced underground miners transferred from surface to

underground; or

(4) Returning to the mine after an absence of more than 12 months.

(b) Experienced miners must complete the training prescribed in

this section before beginning work duties. Each experienced miner

returning to mining following an absence of 5 years or more, must

receive at least 8 hours of training. The training must include the

following instruction:

* * * * *

(7) Hazard recognition. The course must include the recognition and

avoidance of hazards present in the mine.

(8) Prevention of accidents. The course must include a review of

the general causes of accidents applicable to the mine environment,

causes of specific accidents at the mine, and instruction in accident

prevention in the work environment.

(9) Emergency medical procedures. The course must include

instruction on the mine's emergency medical arrangements and the

location of the mine's first aid equipment and supplies.

(10) Health. The course must include instruction on the purpose of

taking dust, noise, and other health measurements, where applicable;

must review the health provisions of the Act; and must explain warning

labels and any health control plan in effect at the mine.

(11) Health and safety aspects of the tasks to which the

experienced miner is assigned. The course must include instruction in

the health and safety aspects of the tasks assigned and the safe work

procedures of such tasks. Experienced miners who must complete new task

training under Sec. 48.7 of this part do not need to take training

under this paragraph.

* * * * *

(c) The operator may include instruction on additional safety and

health subjects based on circumstances and conditions at the mine.

(d) The training time spent on individual subjects must vary

depending upon the training needs of the miners.

(e) Any miner returning to the same mine, following an absence of

12 months or less, must receive training on any major changes to the

mine environment that have occurred during the miner's absence and that

could adversely affect the miner's health or safety.

(1) A person designated by the operator who is knowledgeable of

these changes must conduct the training in this paragraph. An MSHA

approved instructor is not required to conduct the training outlined in

this paragraph.

(2) No record of this training is required.

(3) The miner must also complete annual refresher training as

required in Sec. 48.8, if the miner missed taking that training during

the absence.

7. Section 48.8 is amended by revising paragraph (c) to read as

follows:

Sec. 48.8 Annual refresher training of miners; minimum courses of

instruction; hours of instruction.

* * * * *

(c) All coal supervisors who are subject to Sec. 75.161(a) of this

chapter must receive annual refresher training required by this section

within 12 months of October, 1998.

* * * * *

8. Section 48.22 is amended by removing paragraph (a)(1)(ii),

redesignating paragraph (a)(1)(iii) as paragraph (a)(1)(ii), and

revising paragraphs (a)(2) and (b) to read as follows:

Sec. 48.22 Definitions.

For the purposes of this subpart B--

(a) * * *

(2) Miner means, for purposes of Sec. 48.31 (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.

(b) Experienced miner means:

(1) A miner who has completed MSHA-approved new miner training for

surface miners or training acceptable to MSHA from a State agency and

who has had at least 12 months of surface mining experience; or

(2) A supervisor who is certified under an MSHA-approved State

certification program and who is employed as a surface supervisor on

October 6, 1998; or

(3) An experienced surface miner on February 3, 1999.

* * * * *

9. Section 48.25 is amended by revising paragraph (d) to read as

follows.

Sec. 48.25 Training of new miners; minimum courses of instruction;

hours of instruction.

* * * * *

(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 Sec. 48.26(b) of this part and, if

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

operator must also provide the miner with annual refresher training and

additional new task training, as applicable.

10. Section 48.26 is amended by revising the heading, paragraph

(a), the introductory text of paragraph (b), paragraph (b)(5), and

paragraph (b)(7); by redesignating paragraph (b)(8) as paragraph

(b)(12); and by adding new paragraphs (b)(8), (b)(9), (b)(10), (b)(11),

(c), (d), and (e) to read as follows:

Sec. 48.26 Experienced miner training.

(a) Except as provided in paragraph (e), this section applies to

experienced miners who are--

[[Page 53761]]

(1) Newly employed by the operator;

(2) Transferred to the mine;

(3) Experienced surface miners transferred from underground to

surface; or

(4) Returning to the mine after an absence of more than 12 months.

(b) Experienced miners must complete the training prescribed in

this section before beginning work duties. Each experienced miner

returning to mining following an absence of 5 years or more, must

receive at least 8 hours of training. The training must include the

following instruction:

* * * * *

(5) Escape and emergency evacuation plans; firewarning and

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

system and the escape and emergency evacuation plans in effect at the

mine, and instruction in the firewarning signals and firefighting

procedures in effect at the mine.

* * * * *

(7) Hazard recognition. The course must include the recognition and

avoidance of hazards present in the mine.

(8) Prevention of accidents. The course must include a review of

the general causes of accidents applicable to the mine environment,

causes of specific accidents at the mine, and instruction in accident

prevention in the work environment.

(9) Emergency medical procedures. The course must include

instruction on the mine's emergency medical arrangements and the

location of the mine's first aid equipment and supplies.

(10) Health. The course must include instruction on the purpose of

taking dust, noise, and other health measurements, where applicable;

must review the health provisions of the Act; and must explain warning

labels and any health control plan in effect at the mine.

(11) Health and safety aspects of the tasks to which the

experienced miner is assigned. The course must include instruction in

the health and safety aspects of the tasks assigned and the safe work

procedures of such tasks. Experienced miners who must complete new task

training under Sec. 48.27 of this part do not need to take training

under this paragraph.

* * * * *

(c) The operator may include instruction in additional safety and

health subjects based on circumstances and conditions at the mine.

(d) The training time spent on individual subjects must vary

depending upon the training needs of the miners.

(e) Any miner returning to the same mine, following an absence of

12 months or less, must receive training on any major changes to the

mine environment that have occurred during the miner's absence and that

could adversely affect the miner's health or safety.

(1) A person designated by the operator who is knowledgeable of

these changes must conduct the training in this paragraph. An MSHA

approved instructor is not required to conduct the training outlined in

this paragraph.

(2) No record of this training is required.

(3) The miner must complete annual refresher training as required

in Sec. 48.28, if the miner missed taking that training during the

absence.

11. Section 48.28 is amended by revising paragraph (c) to read as

follows:

Sec. 48.28 Annual refresher training of miners; minimum courses of

instruction; hours of instruction.

* * * * *

(c) All coal supervisors who are subject to Sec. 77.107-1 of this

chapter must receive annual refresher training required by this section

within 12 months of October, 1998.

* * * * *

PART 75--[AMENDED]

12. The authority citation for part 75 continues to read as

follows:

Authority: 30 U.S.C. 811.

13. Section 75.161 is revised to read as follows:

Sec. 75.161 Plans for training programs.

Each operator must submit to the district manager, of the Coal Mine

Safety and Health District in which the mine is located, a program or

plan setting forth what, when, how, and where the operator will train

and retrain persons whose work assignments require that they be

certified or qualified. The program must provide--

(a) For certified persons, annual training courses in first aid,

principles of mine rescue, and the provisions of this part 75; and

(b) For qualified persons, annual courses in performance of the

task which they perform as qualified persons.

PART 77--[AMENDED]

14. The authority citation for part 77 continues to read as

follows:

Authority: 30 U.S.C. 811, 957, 961.

15. Section 77.107-1 is revised to read as follows:

Sec. 77.107-1 Plans for training programs.

Each operator must submit to the district manager, of the Coal Mine

Safety and Health District in which the mine is located, a program or

plan setting forth what, when, how, and where the operator will train

and retrain persons whose work assignments require that they be

certified or qualified. The program must provide--

(a) For certified persons, annual training courses in the tasks and

duties which they perform as certified persons, first aid, and the

provisions of this part 77; and

(b) For qualified persons, annual courses in performance of the

tasks which they perform as qualified persons.

Sec. 77.1709 [Removed]

16. Section 77.1709 is removed.

[FR Doc. 98-26598 Filed 10-5-98; 8:45 am]

BILLING CODE 4510-43-P