[Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
[Proposed Rules]
[Pages 2215-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1079]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 48
Training Policy Review
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice; request for comments.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is
considering revising and clarifying, as needed, policy relating to the
training and retraining of miners. The policy interprets the existing
training regulations pertaining to coal and metal and nonmetal mines.
The purpose of this review is to improve existing policy and reduce
administrative procedures. MSHA is requesting public input before
proceeding.
DATES: Submit all comments by March 25, 1996.
ADDRESSES: Send written comments to Frank R. Schwamberger, Acting
Director, Educational Policy and Development, MSHA, 4015 Wilson
Boulevard, Room 531, Arlington, VA 22203-1984. Commenters are
encouraged to submit comments on a computer disk along with a hard
copy.
FOR FURTHER INFORMATION CONTACT: Thomas W. MacLeod or Joseph M.
Hoffman, Division of Policy and Program Coordination, Directorate of
Educational Policy and Development, 703-235-1400.
SUPPLEMENTARY INFORMATION:
I. Background
MSHA's regulations addressing the training and retraining of miners
are contained in Title 30 of the Code of Federal Regulations (30 CFR)
part 48. Over the past 2 years, MSHA has held a series of meetings with
various segments of the mining community (states, academia, management,
labor, and associations) to discuss the impact of MSHA's training
regulations on the mining community.
During these meetings, participants made numerous suggestions for
improving miner training, expanding and improving communication between
MSHA and the mining industry, and exchanging information about safety
and health issues. In these open forums, participants also suggested
ways MSHA and the mining community could work together to improve the
quality of training. MSHA has already implemented, or begun working on,
several non-regulatory, non-policy related projects. For example, the
Agency has updated the database that contains MSHA-approved instructors
so that the records will reflect the existing active instructors. This
updated database will make it easier for MSHA to send information on
training-related subjects to instructors who are actively conducting
health and safety training.
During these meetings, the Agency also received suggestions about
revising MSHA's current training policy. To respond further to these
comments, MSHA is now soliciting comments from the public on training
policy in the following general areas: (a) administrative reporting
requirements; (b) flexibility in course content and time for each
subject; (c) crediting like work experience for training purposes; (d)
independent contractor training; (e) completing and signing training
certificates (Form 5000-23); and (f) other items of interest.
II. Discussion
A. Administrative Reporting Requirements
Under 30 CFR 48.3 and 48.23, the mine operator is required to
submit to the district manager specific items of information as part of
a training plan. This includes the list of MSHA-approved instructors
with whom the operator proposes to make arrangements to teach the
courses and the courses each instructor is qualified to teach. Whenever
this list changes, the operator goes through the process of revising
and submitting the revisions to MSHA.
Other items required in a training plan include: location where
training will be given, description of the teaching methods, predicted
time or periods of time when regularly scheduled refresher training
will be given, list of task assignments, and titles of personnel
conducting the training. While recognizing the importance of
notification of plan revisions to miners and their representatives, the
Agency is considering a policy interpretation in which operators may
not have to notify MSHA of certain revisions in order to retain plan
approval. Also, MSHA is considering the possibility of allowing
operators to submit plan changes electronically.
B. Flexibility in Course Content and Time for Each Subject
MSHA is considering ways to increase flexibility within the present
regulatory language. For example, a mine operator is required to submit
to the district manager the titles of courses to be taught, the total
number of instruction hours for each course, and the predicted time and
length of each session of training. MSHA is considering revising the
training policy to allow mine operators to specify a range of times for
each course (such as 30 minutes to 1 hour for electrical hazards) which
could vary based on the needs at a particular mine. Although there
currently is flexibility in the regulations and policy, based on input
received at recent meetings with the mining community, MSHA believes
that this flexibility is not widely understood.
[[Page 2216]]
C. Crediting Like Work Experience for Training Purposes
Currently shaft and slope and construction workers are not required
to take part 48 training in most instances. Following current policy,
if a worker performs shaft and slope work for 12 months or more within
36 months and is then contracted to perform extraction and production
work, the worker would not receive credit toward establishing
experienced miner status for time already worked. MSHA is reviewing the
possibility of allowing these workers to receive credit toward
establishing the 12 months of mining experience required to maintain
experienced miner status.
Another issue MSHA is considering is experienced miner credit for
like work experience for a person from a non-mining environment. This
would allow such a person working on mine property to be considered
experienced for training purposes. A related issue is how the operator
would document the existence of like work experience.
D. Independent Contractor Training
Current policy allows independent contractors to have their own
training plan or use the mine operator's plan. Contractors can also
conduct their own training, be trained by the operator, or use approved
cooperative or state programs. MSHA is considering different language
to make it easier for independent contractors and operators to
determine what type of training (new miner, newly-employed experienced
miner, or hazard) is required for independent contractors.
E. Completing and Signing Training Certificates (Form 5000-23)
MSHA is considering clarifying the legal responsibility of the
person certifying that training is completed and who may sign the form
and when. MSHA is also interested in comments on how computerized
versions of Form 5000-23 can best be utilized within the existing
regulatory framework.
III. Request for Comments
This notice covers the main points raised at the various public
meetings. During the comment period, anyone may submit comments or
suggestions related to any aspect of part 48 policy.
Dated: January 16, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-1079 Filed 1-24-96; 8:45 am]
BILLING CODE 4510-43-P
