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By
Scott S. Shepardson
Thelen Reid Brown Raysman & Steiner LLP
A
new regulation will go into effect on October 2, 2000, requiring
mine operators and independent contractors working in mines
to provide training to construction workers employed at
surface mines.
The
regulation, 30 Code of Federal Regulations Part 46, was
approved in final form on September 30, 1999. It provided
for a one-year phase-in period ending on October 2 of this
year. For independent contractors, §46.12 provides
that the contractor employing workers at a mine has the
primary responsibility for complying with all training requirements
set forth in the rule.
Part
46 primarily addresses training requirements for miners
at small, non-metal, surface mines. These mines previously
were excluded from the mandatory training requirements applicable
to larger sub-surface mines and surface metal mines set
forth in 30 Code of Federal Regulations Part 48. Part 46
was intended to allow for a more flexible training program
for small mines. Unlike Part 48, however, Part 46 specifically
includes construction workers who work for more than five
consecutive days at mines in its definition of "miners."
All
new miners must undergo mandatory training. Training programs
must be submitted for approval to the Mine Safety and Health
Administration. Any competent person employed by the mine
may conduct the training. Training must be conducted during
normal business hours, and the worker must be paid a normal
wage during the training. The worker must receive 24 hours
of new miner training in subjects including:
1.
Introduction to the work environment and walk-around training.
2.
Recognition and avoidance of electrical and other hazards
present at the mine including traffic patterns and controls
and ground conditions.
3.
Emergency, medical procedures, escape and evacuation, fire
warning signals and fire-fighting procedures.
4.
Health and safety aspects of the assigned tasks.
5.
Statutory rights of miners and their representatives.
6.
Line of authority of supervisors and miners' representatives.
7.
Introduction to rules and procedures for reporting hazards.
In
addition to the initial training, workers must receive training
in self-rescue and respiratory devices and first aid techniques
within 60 days of their employment at the mine.
Experienced
miners and, presumably, construction workers with prior
experience working at mines also must receive training in
the subjects set forth above. There is no requirement, however,
as to the duration of the instruction to experienced miners
or construction workers. Annual refresher training is required.
Each worker is required to have eight hours of refresher
training. Such training may be provided in informal "tool
box" meetings.
Rule
46 requires that records of each worker's training be recorded
on MSHA Form 5000-23 or a similar form containing all of
the information on the MSHA form. Records of refresher training
also must be made and kept. These records must be maintained
at the mine and made available for inspection.
Workers
employed at a site for less than five days do not need to
undergo new miner training. They must, however, be provided
site specific hazard training. Such instruction consists
of information regarding the hazards that a person could
be exposed to at the site and applicable emergency procedures.
Such training is not required for persons who are accompanied
at all time by an experienced miner.
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For more information about the issues covered in this report, please contact Scott S. Shepardson in our San Francisco office at 415-369-7184 or at sshepardson@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2000 Thelen Reid Brown Raysman & Steiner LLP
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