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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

§ 46.6 Newly Hired Experienced Miner Training

84. Q. Who is an experienced miner under Part 46?

A. The definition of "experienced miner" under § 46.2 includes�
  1. A person who is employed as a miner on April 14, 1999; or

  2. A person who has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000; or

  3. A person who began employment as a miner after April 14, 1999, but before October 2, 2000, and who has received new surface miner training under Part 48 or new miner training under the Part 46 proposed requirements; or

  4. A person who began employment as a miner on or after October 2, 2000 who has completed new miner training under Part 46 or new surface miner training under Part 48, and who also has at least 12 months of cumulative mining or equivalent experience.
85. Q. What subjects are required for newly hired experienced miner training?

A. Section 46.6(b) requires that newly hired experienced miners receive training in the following seven subjects before the miner begins work at the mine�
  1. An introduction to the work environment, including a visit and tour of the mine, or portions of the mine that are representative of the entire mine (walkaround training). The method of mining or operation utilized must be explained and observed;

  2. Instruction on the recognition and avoidance of electrical hazards and other hazards present at the mine, such as traffic patterns and control, mobile equipment (e.g., haul trucks and front-end loaders), and loose or unstable ground conditions;

  3. A review of the emergency medical procedures, escape and emergency evacuation plans, in effect at the mine, and instruction on the firewarning signals and firefighting procedures;

  4. Instruction on the health and safety aspects of the tasks to be assigned, including the safe work procedures of such tasks, and the mandatory health and safety standards pertinent to such tasks;

  5. Instruction on the statutory rights of miners and their representatives under the Act;

  6. A review and description of the line of authority of supervisors and miners' representatives and the responsibilities of such supervisors and miners' representatives; and

  7. An introduction to your rules and procedures for reporting hazards.
You must also provide the miner with an instruction and demonstration on the use, care, and maintenance of self-rescue and respiratory devices, if used at the mine, no later than 60 days after the miner begins work.

86. Q. How much time do I need to spend training a newly hired experienced miner?

A. Part 46 does not specify a minimum length of time that must be devoted to this training. The duration of the training needed by a newly hired experienced miner depends on the occupational experience of the miner, the work duties that the miner will perform, and the methods of mining and workplace conditions at the mine where the miner will be working. In all cases, the seven subjects listed in Part 46.6(b) must be covered before assigning the miner to work.

87. Q. If I hire a person, what kind of proof is necessary to determine if that person is an experienced miner?

A. We do not require documentation. However, you need to make a reasonable effort to justify previous experience. This may include talking to previous employers, reviewing a resume', pay records, certificate of training records, etc.