98-29436. Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines

[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Proposed Rules]
[Pages 59258-59259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29436]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 46


Training and Retraining of Miners Engaged in Shell Dredging or 
Employed at Sand, Gravel, Surface Stone, Surface Clay, Colloidal 
Phosphate, or Surface Limestone Mines

AGENCY: Mine Safety and Health Administration (MSHA); Labor.

ACTION: Notice of public meetings.

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SUMMARY: As directed by Congress, MSHA will develop final training 
regulations by September 30, 1999 to apply at mines where MSHA is 
currently prohibited by an appropriations amendment from enforcing 
existing miner training requirements. MSHA has also been instructed to 
work with interested parties in developing these regulations. To 
facilitate the broadest possible input from the regulated public, MSHA 
will hold seven public meetings across the country to receive comments 
from interested parties on the development of a proposed rule governing 
miner training.

DATES: See Supplementary Information section for meeting dates.

ADDRESSES: See Supplementary Information section for meeting addresses.

FOR FURTHER INFORMATION CONTACT: Carol Jones, Acting Director, Office 
of Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard, 
Arlington, VA 22203-1984. She can be reached at [e-mail] 
(Internet E-mail), 703-235-1910 (Voice), or 703-235-5551 (Fax).

SUPPLEMENTARY INFORMATION:

I. Public Meetings

    MSHA will be conducting seven public meetings throughout the 
country to receive comments from interested parties on the development 
of a proposed rule governing miner training. All seven meetings are 
scheduled to run from 8:00 a.m. to 5:00 p.m., but will continue into 
the evening if necessary to accommodate as many participants as is 
reasonably possible. We will hold meetings on the following dates at 
the following locations:
    1. December 7, 1998, Hilton Hotel, 2855 N. Milwaukee Avenue, 
Northbrook Illinois, 60062, Tel. No. [phone].
    2. December 9, 1998, Embassy Suites Hotel, 4444 N. Havana Street, 
Denver, Colorado, 80239, Tel. No. [phone].
    3. December 11, 1998, Albany Marriott, 189 Wolf Road, Albany, New 
York, 12205, Tel. No. [phone].
    4. December 15, 1998, Embassy Suites Hotel, 7900 NE 82nd Avenue, 
Portland, Oregon, 97220, Tel. No. [phone].
    5. December 17, 1998, Doubletree Hotel, 222 N. Vineyard Avenue, 
Ontario, California, 91764, Tel. No. [phone].
    6. January 5, 1999, Hotel Adolphus, 1321 Commerce Street, Dallas, 
Texas, 75202, Tel. No. [phone].
    7. January 7, 1999, Georgia International Convention Center, 1902 
Sullivan Road, College Park, Georgia, 30337, Tel. No. [phone].
    We will conduct the meetings in an informal manner, and a court 
reporter will make a verbatim transcript of the proceedings. All 
meetings are open to the public. Upon request, we will allow members of 
the public to speak at the meeting they designate on a first-come, 
first-served basis. In addition to making an oral statement, any member 
of the public may also submit written statements, charts, and other 
data to MSHA representatives at the meeting, which will be included as 
part of the record when a proposed rule is developed.
    Send requests to make oral presentations to MSHA, Office of 
Standards, Regulations, and Variances; 4015 Wilson Blvd., Room 631; 
Arlington, Virginia, 22203. Phone or fax requests may be made at voice: 
703-235-1910; or fax: [phone]. You also may request to speak as 
you sign in at the meeting.

II. Background

    Section 115 of the Federal Mine Safety and Health Act of 1977 (Mine 
Act) requires that each mine operator have a health and safety training 
program, and that the Secretary of Labor promulgate regulations with 
respect to such health and safety training programs. In 1978 MSHA 
published regulations at 30 CFR part 48 that implemented the miner 
training provisions of Sec. 115 of the Mine Act. In 1979, Congress 
inserted language in the Department of Labor's appropriations bill for 
fiscal year 1980 that prohibited the expenditure of appropriated funds 
to enforce any training requirements at approximately 10,200 surface 
nonmetal work sites. The restriction currently prohibits the use of 
appropriated funds to:

carry out Sec. 115 of the Federal Mine Safety and Health Act of 1977 
or to carry out that portion of Sec. 104(g)(1) of such Act relating 
to the enforcement of any training requirements, with respect to 
shell dredging, or with respect to any sand, gravel, surface stone, 
surface clay, colloidal phosphate, or surface limestone mine.

    Over the last several years, the number of fatalities at the 
exempted industries has increased. MSHA's fatal accident investigations 
have shown that the majority of miners involved in fatal accidents in 
the industries affected by the rider had not received health and safety 
training in accordance with the Mine Act's requirements. In 1997, for 
example, 60 percent of victims of fatal accidents had not received 
health and safety training in accordance with the Mine Act.
    Congress has included language in MSHA's fiscal year 1999 
appropriation that directs MSHA to promulgate final training 
regulations that are appropriate for the industries affected by the 
rider. MSHA anticipates that a proposed rule would implement the 
training and retraining requirements contained in Sec. 115 of the Mine 
Act and ensure that miners receive effective training, while at the 
same time addressing the particular needs of the identified segments of 
the mining industry.
    Section 115 of the Mine Act provides that each operator of a coal 
or other mine shall have a health and safety training program that is 
approved by the Secretary of Labor, and that complies with specified 
minimum requirements. Section 115(a) specifies that surface miners are 
to receive no less than 24 hours of new miner training, no less than 8 
hours of refresher training annually, and task training for new work 
assignments. Section 115 also requires that the training cover specific 
subject areas; provides that training is to be conducted during normal 
work hours at normal pay; requires that miners be reimbursed for 
additional costs they incur incident to training; and provides that 
mine operators must maintain miners' training certificates and furnish 
such records to the miners.

III. Conduct of Meetings

    The purpose of these public meetings is to receive relevant 
comments on the development by MSHA of miner training regulations that 
are appropriate for miners employed at mines currently subject to a 
congressional training rider. Multiple public meetings are scheduled at 
seven locations across the country to give miners, their 
representatives, and mine operators, both small and large, a reasonable 
opportunity to present their views on what types of requirements will 
result in the most effective miner training.
    MSHA is specifically interested in comments addressing the areas 
described below, although parties are

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encouraged to submit comments on any relevant miner training issue.

Definitions

    Should certain terms, including ``new miner'' and ``experienced 
miner'' be defined? If so, how should these terms be defined?

New Miner Training

    Section 115 of the Mine Act lists several subject areas that must 
be covered by training for new inexperienced miners at surface mines, 
including:
    Instruction in the rights of miners and their representatives under 
the Mine Act;
    Use of self-rescue devices where appropriate and respiratory 
devices where appropriate;
    Hazard recognition;
    Emergency procedures;
    Electrical hazards;
    First aid;
    Walkaround training;
    The health and safety aspects of the task to which the miner will 
be assigned.
    Which of these subjects should be taught before a new miner is 
assigned work, even if the work is done under close supervision?
    Should training for inexperienced miners be given all at once, or 
over a period of time, such as several weeks or months? Should this 
decision be left to the discretion of the mine operator? What are the 
advantages and disadvantages of spreading training over an extended 
period of time?
    Should supervisors be subject to the same training requirements as 
miners?

Task Training

    Should training be required whenever a miner receives a work 
assignment that involves new and unfamiliar tasks?

Annual Refresher Training

    Should specific subject areas be covered during annual refresher 
training? If so, what subject areas should be included?
    Can the 8 hours of annual refresher training required by the Mine 
Act be completed in segments of training lasting less than 30 minutes?

Training Certificates

    Should the records of training be kept by the mine operator at the 
mine site, or should the regulation allow records to be kept at other 
locations?

Qualifications of Instructors

    Should there be minimum qualifications for persons who conduct 
miner training? If so, what kind of qualifications are appropriate?

    Dated: October 28, 1998.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 98-29436 Filed 11-2-98; 8:45 am]
BILLING CODE 4510-43-P