Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 46

Training and Retraining of Miners Engaged in Shell Dredging or

Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal

Phosphate, or Surface Limestone Mines

AGENCY: Mine Safety and Health Administration (MSHA); Labor.

ACTION: Notice of public meetings.

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SUMMARY: As directed by Congress, MSHA will develop final training

regulations by September 30, 1999 to apply at mines where MSHA is

currently prohibited by an appropriations amendment from enforcing

existing miner training requirements. MSHA has also been instructed to

work with interested parties in developing these regulations. To

facilitate the broadest possible input from the regulated public, MSHA

will hold seven public meetings across the country to receive comments

from interested parties on the development of a proposed rule governing

miner training.

DATES: See Supplementary Information section for meeting dates.

ADDRESSES: See Supplementary Information section for meeting addresses.

FOR FURTHER INFORMATION CONTACT: Carol Jones, Acting Director, Office

of Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard,

Arlington, VA 22203-1984. She can be reached at [email protected]

(Internet E-mail), 703-235-1910 (Voice), or 703-235-5551 (Fax).

SUPPLEMENTARY INFORMATION:

I. Public Meetings

MSHA will be conducting seven public meetings throughout the

country to receive comments from interested parties on the development

of a proposed rule governing miner training. All seven meetings are

scheduled to run from 8:00 a.m. to 5:00 p.m., but will continue into

the evening if necessary to accommodate as many participants as is

reasonably possible. We will hold meetings on the following dates at

the following locations:

1. December 7, 1998, Hilton Hotel, 2855 N. Milwaukee Avenue,

Northbrook Illinois, 60062, Tel. No. (847) 480-7500.

2. December 9, 1998, Embassy Suites Hotel, 4444 N. Havana Street,

Denver, Colorado, 80239, Tel. No. (303) 375-0400.

3. December 11, 1998, Albany Marriott, 189 Wolf Road, Albany, New

York, 12205, Tel. No. (518) 458-8444.

4. December 15, 1998, Embassy Suites Hotel, 7900 NE 82nd Avenue,

Portland, Oregon, 97220, Tel. No. (503) 460-3000.

5. December 17, 1998, Doubletree Hotel, 222 N. Vineyard Avenue,

Ontario, California, 91764, Tel. No. (909) 983-0909.

6. January 5, 1999, Hotel Adolphus, 1321 Commerce Street, Dallas,

Texas, 75202, Tel. No. (214) 742-8200.

7. January 7, 1999, Georgia International Convention Center, 1902

Sullivan Road, College Park, Georgia, 30337, Tel. No. (770) 997-3566.

We will conduct the meetings in an informal manner, and a court

reporter will make a verbatim transcript of the proceedings. All

meetings are open to the public. Upon request, we will allow members of

the public to speak at the meeting they designate on a first-come,

first-served basis. In addition to making an oral statement, any member

of the public may also submit written statements, charts, and other

data to MSHA representatives at the meeting, which will be included as

part of the record when a proposed rule is developed.

Send requests to make oral presentations to MSHA, Office of

Standards, Regulations, and Variances; 4015 Wilson Blvd., Room 631;

Arlington, Virginia, 22203. Phone or fax requests may be made at voice:

703-235-1910; or fax: 703-235-5551. You also may request to speak as

you sign in at the meeting.

II. Background

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

Act) requires that each mine operator have a health and safety training

program, and that the Secretary of Labor promulgate regulations with

respect to such health and safety training programs. In 1978 MSHA

published regulations at 30 CFR part 48 that implemented the miner

training provisions of Sec. 115 of the Mine Act. In 1979, Congress

inserted language in the Department of Labor's appropriations bill for

fiscal year 1980 that prohibited the expenditure of appropriated funds

to enforce any training requirements at approximately 10,200 surface

nonmetal work sites. The restriction currently prohibits the use of

appropriated funds to:

carry out Sec. 115 of the Federal Mine Safety and Health Act of 1977

or to carry out that portion of Sec. 104(g)(1) of such Act relating

to the enforcement of any training requirements, with respect to

shell dredging, or with respect to any sand, gravel, surface stone,

surface clay, colloidal phosphate, or surface limestone mine.

Over the last several years, the number of fatalities at the

exempted industries has increased. MSHA's fatal accident investigations

have shown that the majority of miners involved in fatal accidents in

the industries affected by the rider had not received health and safety

training in accordance with the Mine Act's requirements. In 1997, for

example, 60 percent of victims of fatal accidents had not received

health and safety training in accordance with the Mine Act.

Congress has included language in MSHA's fiscal year 1999

appropriation that directs MSHA to promulgate final training

regulations that are appropriate for the industries affected by the

rider. MSHA anticipates that a proposed rule would implement the

training and retraining requirements contained in Sec. 115 of the Mine

Act and ensure that miners receive effective training, while at the

same time addressing the particular needs of the identified segments of

the mining industry.

Section 115 of the Mine Act provides that each operator of a coal

or other mine shall have a health and safety training program that is

approved by the Secretary of Labor, and that complies with specified

minimum requirements. Section 115(a) specifies that surface miners are

to receive no less than 24 hours of new miner training, no less than 8

hours of refresher training annually, and task training for new work

assignments. Section 115 also requires that the training cover specific

subject areas; provides that training is to be conducted during normal

work hours at normal pay; requires that miners be reimbursed for

additional costs they incur incident to training; and provides that

mine operators must maintain miners' training certificates and furnish

such records to the miners.

III. Conduct of Meetings

The purpose of these public meetings is to receive relevant

comments on the development by MSHA of miner training regulations that

are appropriate for miners employed at mines currently subject to a

congressional training rider. Multiple public meetings are scheduled at

seven locations across the country to give miners, their

representatives, and mine operators, both small and large, a reasonable

opportunity to present their views on what types of requirements will

result in the most effective miner training.

MSHA is specifically interested in comments addressing the areas

described below, although parties are

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encouraged to submit comments on any relevant miner training issue.

Definitions

Should certain terms, including ``new miner'' and ``experienced

miner'' be defined? If so, how should these terms be defined?

New Miner Training

Section 115 of the Mine Act lists several subject areas that must

be covered by training for new inexperienced miners at surface mines,

including:

Instruction in the rights of miners and their representatives under

the Mine Act;

Use of self-rescue devices where appropriate and respiratory

devices where appropriate;

Hazard recognition;

Emergency procedures;

Electrical hazards;

First aid;

Walkaround training;

The health and safety aspects of the task to which the miner will

be assigned.

Which of these subjects should be taught before a new miner is

assigned work, even if the work is done under close supervision?

Should training for inexperienced miners be given all at once, or

over a period of time, such as several weeks or months? Should this

decision be left to the discretion of the mine operator? What are the

advantages and disadvantages of spreading training over an extended

period of time?

Should supervisors be subject to the same training requirements as

miners?

Task Training

Should training be required whenever a miner receives a work

assignment that involves new and unfamiliar tasks?

Annual Refresher Training

Should specific subject areas be covered during annual refresher

training? If so, what subject areas should be included?

Can the 8 hours of annual refresher training required by the Mine

Act be completed in segments of training lasting less than 30 minutes?

Training Certificates

Should the records of training be kept by the mine operator at the

mine site, or should the regulation allow records to be kept at other

locations?

Qualifications of Instructors

Should there be minimum qualifications for persons who conduct

miner training? If so, what kind of qualifications are appropriate?

Dated: October 28, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 98-29436 Filed 11-2-98; 8:45 am]

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