MSHA Part 46
Part 46 covers: Stone, sand, gravel, limestone or other non-metal surface mines. A training plan is required to provide the Part 46 training. A record of the training is mandatory.
NOTE: If your work is in other MSHA regulated operations or you are an independent contractor that operates in other types of mining operations, you may be required to complete Part 48 training instead.
MSHA Part 46 Timeline
- 24 Hours must be completed no later than 90 days after starting work
- Included in the first eight hours of material/ Q&A training. A minimum of 4 hours of the below subjects must be covered prior to the start of work.
- Site Specific (This must be provided by the mine site prior to the start of work)
- Introduction to Mine Environment
- Hazard Recognition and Avoidance
- Emergency Medical Procedures
- Health/Safety Aspects to Tasks
- Rights of Miners (including contractors)
- Line of Authority
- Reporting Hazards
- *Repertory Devices (must be completed no later than 90 days)
- *First Aid (must be completed no later than 90 days)
* Subject does not need to be completed in the first fours of training but must be covered within 90 days from the start of the training
- The remainder of the training (any remainder of the minimum 24 hours) must be covered at a mine site within 90 days of the start of the training (this also includes any "Task Training"). No Exceptions
Part 46 Annual Refresher 8 Hours Minimum
The Annual Refresher must occur within 12 months of the starting of work or 12 months from the last Annual Refresher Training. Your company management is responsible for confirming this prior to the start of online training. You must have a copy of your company's training plan or know the time constraints for each topic of study and be sure your study meets the minimum hours outlined in your particular plan. Note that while this online course covers the majority of subjects recommended for the refresher training, you must also fulfill some of the training requirements outside the scope of this course. For example, the regulations (46.8(b)) require a review of your site-specific hazards. The total time of study spent on the refresher must be a minimum of eight hours. When the online training is completed, your training will need to be certified by the person in your company responsible for mine safety and health training.
Written Training Plans - Independent contractors: Per 30CFR Part 46.2(e), if you are a person, partnership, corporation, subsidiary of a corporation, firm, association, or other organization that contracts to perform services at a shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate or surface limestone mine, then the answer is yes. You are considered a miner and have to have a written training plan and have 8 hours of annual refresher training. Note: Your written training plan should be completed and dated at least two weeks before your training is completed. Information regarding the training plan requirements can be found at http://www.msha.gov/30cfr/46.3.htm Please contact Smith & Associates for training plan development.
Online Training/Records: You will receive a certificate of course completion and a copy of your exam scores for your training record. These should be used as support documents for the person at your company to complete the MSHA 5000-23 form or whatever approved form your company uses to document MSHA training. 30 CFR § 48.9 Records of training. (a) Upon a miner's completion of each MSHA approved training program, the operator shall record and certify on MSHA form 5000-23 that the miner has received the specified training. A copy of the training certificate shall be given to the miner at the completion of the training. The training certificates for each miner shall be available at the mine site for inspection by MSHA and for examination by the miners, the miner's representative, and State inspection agencies. When a miner leaves the operator's employ, the miner shall be entitled to a copy of his training certificates. (b) False certification that training was given shall be punishable under section 110(a) and (f) of the Act. (c) Copies of training certificates for currently employed miners shall be kept at the mine site for 2 years, or for 60 days after termination of employment. Training records for enrolled clients will be kept on the Smith & Associates website. The designated company training administrator will be notified 60 and 30 days prior to an employee's training expiring via e-mail.
New Miner: A person beginning employed as a miner or an independent contractor performing work at a mine. http://www.msha.gov/30cfr/46.5.htm
Newly Hired Experienced Miner: A person who has completed 24 hours of New Miner training with at least 12 cumulative months of surface mining experience. http://www.msha.gov/30cfr/46.7.htm
New Task: A work assignment or job component requiring specific knowledge or experience that the miner does not currently possess. http://www.msha.gov/30cfr/46.7.htm
Annual Refresher: Training on changes at the mine or other subjects relevant to mining operations that could adversely affect the miner's health or safety. A work assignment or job component requiring specific knowledge or experience that the miner does not currently possess. http://www.msha.gov/30cfr/46.8.htm
Site Specific Hazards: Instruction on the hazards and emergency procedures at the mine. Required for any person present at the mine who is not a miner, including office or staff personnel, delivery workers, commercial over-the-road truck drivers, construction workers, maintenance/service workers, customers, vendors, or visitors. http://www.msha.gov/30cfr/46.11.htm
Questions & Answers:
Q: I've taken the 24 Hour New Miner Training, but it's been a number of years since I've taken an annual refresher. Do I have to re-take the 24 hour course, or can I take a refresher?
A: As long as you are with the same company as you were when you took your last refresher, even if your annual refresher training has lapsed, you just need to take a refresher course to get up-to-date on your training. If you change companies your refresher training is not valid at the new company and you must complete Newly Hired Experienced Miner training and in some circumstances an annual refresher to again be certified to work in a mine. If your training has lapsed you shouldn't be working at a mine until you complete an annual refresher.
Q: Do contractors need MSHA Part 46 training if they are only on the mines for a limited time period and supervised by an experienced miner?
A: MSHA requires training for a person doing maintenance work on a mine site if he does the work in an extended or frequent basis (more than five consecutive days or 5 days out of the year). Of course, individual mines may require the training even if MSHA doesn't require it.
Q: Why isn't Smith & Associates listed on the training certification as "competent person providing training"?
A: This portion of the form is left empty so that your employer can complete this information and ensure that you have spent the required 8 hours of training, have reviewed the site-specific hazards as required by the regulations, and are eligible for the refresher training (in other words, you've completed the new miner training requirements). The "competent person providing training" should be the person who monitors the course taker(s) and provides any supplemental information and training. Any individual that is listed in this portion of the 5000-23 form must also be included in your training plan PRIOR to conducting any training.
Q: What if the online training doesn't take the required time?
A: It is possible to complete the required online training modules and tests in less than the required eight hours. You can supplement this course with the extra materials suggested in the course using the links to MSHA's website or you or your company can add other materials as long as the material fits the guidelines of your training plan. At the end of the online class you are asked to affirm that the time requirement has been met. If you falsely state that it has you are cheating yourself, your company, and BREAKING THE LAW! When the person at your company signs the MSHA 5000-23 equivalent form to document the training, he or she is making a legal statement that the training was completed as required and is subject to punishment which may include a fine and prison.