Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/594078
41 AGGREGATES MANAGER November 2015 withdrawal order issued under § 104(g) of the Mine Act. The regulations provide a list of the minimum informa- tion that, if included in a plan, should result in automatic approval by MSHA. A plan that does not contain all of this information can still be submitted to MSHA for approval. Operators also must comply with the procedures for plan approval when revisions are made to the plan. Whenever approval is requested, MSHA's regional manager must notify the operator of approval status within 30 days of receiving the plan. See 30 C.F.R. § 46.3. Once a written plan is developed and published, train- ing must be conducted in accordance with that plan. New employee training requirements may differ depending on whether the employee is classified as a "new" or a "newly hired experienced" miner. The differences are explained in 30 C.F.R. §§ 46.5 and 46.6. "New task" training is ad- dressed by § 46.7. Any miner who is reassigned to "a new task in which he or she has no previous work experience" must receive training in the health and safety aspects of the new task. As explained above, according to MSHA's new PPL, workplace examination duties will now be treated as a "new task" implicating these training requirements. How- ever, note that there is an exception to new task training for "miners who have received training in a similar task or who have previous work experience in the task, and who can demonstrate the necessary skills to perform the task in a safe and healthful manner." Furthermore, practice under the close supervision of a competent person may fulfill the requirements for new task training. See 30 C.F.R. § 46.7. Part 46 also has recordkeeping requirements for all training plans. Operators must record and certify on MSHA Form 5000-23 (or other complying forms) that each miner has received the requisite training. Time limits for record- ing the various types of training are addressed in 30 C.F.R. § 46.9. New miners must receive certain training before they begin work at the mine, and such training must be recorded upon completion. New task training (in addition to annual refresher and hazard training) must also be recorded upon completion. Records must be certified and provided to miners and be maintained during each miner's employment (and for 60 days after termination). Training records must also be made available for inspection by MSHA and by min- ers and their representatives. See 30 C.F.R. § 46.9. We know that MSHA has a new avenue for scrutinizing an operator's training of its miners. Operators should thus be aware of this new risk and be prepared to mitigate it going forward. Submitting training plans for MSHA input and approval — even if the plans already meet the criteria for automatic approval — can help establish that your writ- ten plan is in compliance. Timely recording of all training and keeping good records also go a long way in disproving training-related citations. Finally, if workplace exams are not already included elsewhere in your approved training plan (e.g., under "new" or "newly hired experienced" miner training), issuing separate 5000-23 forms for workplace exams is likely now necessary. These measures can help close the door to the increased task training enforcement that has arrived along with MSHA's workplace examination agenda. AM Experience: Retired November 2011 following 41 years with the U.S. Geological Survey Services Offered: Applied geology and geological research for construction rocks and minerals, with an emphasis on aggregates. Contact me at: Bill-Langer@researchgeologist.com www.researchgeologist.com • Resource evaluation • Expert testimony • Technical writing and review • Lecturer • USGS Aggregate Resource Geologist 1977-2011 • Past Chair and Distinguished Service Award recipient, Society for Mining, Metallurgy, and Exploration, Industrial Minerals and Aggregates Division • Author of ASBPE award-winning columns - Carved In Stone, Aggregates Manager, 1998-Present BillLanger_AGRM0115.indd 1 12/16/14 1:21 PM