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Compliance Guideline for
MSHA's Part 46 Training Regulations


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

Version 3 - Published May 28, 2001.

§ 46.1 Scope

1. Q. Are other commodities not listed in the title to this regulation covered under Part 46?

A. Yes. Part 46 also covers surface mining operations at the following commodities: marble, granite, sandstone, slate, shale, traprock, kaolin, cement, feldspar, and lime.

2. Q. Which training regulations apply- Part 48 or Part 46 -to miners who are employed in the surface area of an underground mine, e.g., the surface area of an underground limestone mine?

A. Surface areas of underground mines are and have been covered by Part 48. The Part 46 regulations therefore do not apply to training for miners who work in those areas. Miners who work in such areas must continue to receive training that complies with the Part 48 training regulations.

3. Q. Are state and federal personnel who visit a mine covered by the Part 46 training requirements?

A.Government officials visiting a mine site generally are not required to receive Part 46 training. However, we expect those government agencies whose personnel visit mine sites will ensure that their employees are provided with appropriate personal protective equipment, and receive adequate instruction and training. Where training is not provided, an experienced miner should accompany such government officials.

General

4. Q. When will MSHA begin to enforce the provisions of the Part 46 training rules?

A. The Part 46 training rules become effective October 2, 2000, and will then be subject to enforcement.

5. Q. Do I have any responsibilities or obligations under Part 46 training rules between Octobe 1999 and October 2, 2000?

A. The regulations will become effective on October 2, 2000. At that time, you must have a training plan developed and in place. In addition, beginning at that time, you must:
  • train any new miners who have never worked at a mining operation before,
  • make sure that your "experienced" miners are on schedule to receive their annual refresher training,
  • make sure all miners are experienced based on one of the criteria listed in the regulation for becoming an experienced miner, and
  • make sure all people requiring site-specific hazard training are receiving this training.
6. Q. Are there any "key" dates in the rule that I should know about?

A. The key dates to keep in mind are October 2, 2000, when you must have a training plan in place, that is being implemented, and March 30, 2001, when all of your experienced miners, who were employed before March 30, 2000, must receive annual refresher training (unless you�ve been providing annual refresher training all along, in which case you may continue using the 12 month schedule already established).

7. Q. If a crusher that typically operates at mines that fall under the Part 46 regulations is moved onto a mine site where Part 48 regulations apply, what set of regulations would apply?

A. If the crusher is being operated at a mine site where the Part 48 regulations apply, the workers who operate the crusher are required to receive Part 48 training. MSHA's Educational Policy and Development group has anticipated such an overlap between parts 46 and 48 and are available to assist with training plans to minimize any unnecessary redundancy in complying with both training rules.

8. Q. What type of training is required for commercial over-the-road truck drivers, including customers who drive onto mine property and have their trucks loaded, and then deliver their load off the mine property?

A. Commercial over-the-road truck drivers are required to have Site-Specific Hazard Awareness training. Part 46 affords operators the discretion to tailor site-specific hazard awareness training to the unique operations and conditions at their mines. However, the training must in all cases be sufficient to alert affected persons to site-specific hazards. We intend that hazard awareness training be appropriate for the individual who is receiving it and that the breadth and depth of training vary depending on the skills, background, and job duties of the recipient.