[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Proposed Rules]
[Pages 18528-18531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8895]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 46
RIN 1219-AB17
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: Proposed rule, notice of public hearings.
-----------------------------------------------------------------------
SUMMARY: We (MSHA) are announcing public hearings on our proposed rule
on the training and retraining of miners engaged in shall dredging or
employed at sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mines. The proposed rule appears
elsewhere in this issue of the Federal Register.
DATES: See Supplementary Information section for hearing dates. The
record will remain open after the hearings until June 16, 1999.
ADDRESSES: See Supplementary Information for hearing locations.
Send requests to make oral presentations--
[[Page 18529]]
(1) By telephone to MSHA, Office of Standards, Regulations, and
Variances at 703-235-1910;
(2) By mail to MSHA, Office of Standards, Regulations, and
Variances, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203-1984;
(3) By facsimile to MSHA, Office of Standards, Regulations, and
Variances at 703-235-5551; or
(4) By electronic mail to comments@msha.gov.
FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, 4015 Wilson
Boulevard, Arlington, VA 22203-1984. She can be reached at
cjones@msha.gov (Internet E-mail); 703-235-1910 (Voice); or 703-235-
5551 (Fax).
SUPPLEMENTARY INFORMATION: We published a proposed rule elsewhere in
this issue of the Federal Register addressing training and retraining
of miners of mines where Congress has prohibited us from expending
funds to enforce training requirements since fiscal year 1980. The
proposed rule would implement the training requirements of Sec. 115 of
the Federal Mine Safety and Health Act of 1977 (Mine Act) and provide
for effective miner training at the affected mines.
I. Hearing Dates and Locations
We will conduct four public hearings to receive comments from
interested parties on the proposed rule. All four hearings 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 the hearings on the following dates
at the following locations:
1. May 18, 1999, Holiday Inn & Suites, 5905 Kirkman Road, Orlando,
Florida 32819, Tel. No. (407) 351-3333.
2. May 20, 1999, Sacramento Convention Center, 1400 J Street,
Sacramento, California 95814, Tel. No. (916) 264-5291.
3. May 25, 1999, Marriott Pittsburgh Airport, 100 Aten Road,
Pittsburgh, Pennsylvania 15108, Tel. No. (412) 788-8800.
4. May 27, 1999, Department of Labor, Frances Perkins Building,
Auditorium, 200 Constitution Avenue, NW., Washington, DC 20210, Tel.
No. (202) 219-7816.
II. Issues
Speakers may raise or address any issues relevant to the
rulemaking. However, we are specifically interested in comments on
certain issues. A short discussion of these issues follows.
Definition of ``Miner''
We are interested in whether the proposed definition of ``miner''
is appropriate. Workers who fit the definition of ``miner'' under the
proposal would be required to receive comprehensive training, including
new miner training or newly-hired experienced miner training, as
appropriate. Persons who fall outside this definition would be required
to receive site-specific hazard training.
Under the proposal, a person engaged in mining operations integral
to extraction or production would be considered a ``miner.'' We intend
that the definition of ``miner'' include those workers whose activities
are related to the day-to-day process of extraction or production.
We are particularly interested in recommendations for final rule
language that would help to clarify the scope and application of this
definition. Specifically, we would like comments on whether the final
rule's definition of ``miner'' should include persons whose exposure to
mine hazards is frequent or regular, regardless of whether they are
engaged in extraction or production, or who are employed by the
production-operator, similar to the approach taken in our training
regulations in part 48. Another possible approach would be to
characterize a person's activities more specifically in terms of how
integral or essential they are to extraction or production at the time.
Plan Approval Process
The proposal would require each operator to develop and implement a
written training plan that includes programs for training new miners
and newly-hired experienced miners, training miners for new tasks,
annual refresher training, and hazard training. Plans that include the
minimum information specified in the proposal would be considered
approved and would not be required to be submitted to us for formal
review, unless the operator, a miner or a miners' representative
request it. Miners and their representatives would also be given the
opportunity to comment on the plan before it is implemented.
The approach taken in the proposal for plan approval recognizes
that,while our review of written training plans could provide an
initial check on the quality of the program, such review could not
ensure that the program is successful in its implementation. Rather
than expending our resources on the review and approval of training
plans at all of the mines affected by this rule, we would instead
direct those resources toward verification of the effectiveness of
training plans in their execution, and in assisting operators in
developing and providing quality training to their employees.
Similarly, operator sand training providers would be able to focus on
the development and administration of training plans rather than on
traditional procedures to gain our approval.
We are interested in comments on whether the proposed approach is
appropriate, and whether we should require information in addition to
what is required in the proposal before we consider a plan approved, or
whether we should require less information. We are also interested in
whether any commenters believe a traditional plan approval process,
similar to the process in part 48, is needed to ensure that training
plans meet minimum standards of quality, and why this may be true.
New Miner Training
Under the proposal, no minimum number of hours of training is
required for a new miner before he or she begins work under the close
supervision of an experienced miner. Instead, the proposal requires
instruction in four subject areas before the miner can assume work
duties. By not requiring a minimum number of hours of initial training
for new miners, the proposal would provide flexibility to tailor
training plans to focus on the unique needs of the mine and workforce
and to provide the most effective and relevant training for the new
miners. At the same time, because specific subject areas would be
covered before new miners being work, the miners would receive training
on relevant topics to ensure that they are familiar with the operations
and environment at the mine,their job duties, and the hazards they may
encounter at the mine site.
We are interested in whether commenters agree with this approach,
or whether the final rule should establish a minimum number of hours of
training that new miners must receive before beginning work. One
possible approach would be to specify a minimum number of hours of
initial training that must be provided to miners based on mine size or
complexity of operation. For example, a large operation may be required
to provide eight hours of training, swhile a very small operation would
be required to provide one hour of training. We are interested in
comments on this alternative, particularly on the criteria that might
be used in determining how much initial new miner training must be
given, such as employment, type of operation, type and amount of
[[Page 18530]]
equipment, etc. Commenters who believe that a minimum number of hours
of training should be required should also specify what the minimum
number of hours should be.
New Task Training
This proposed rule would require miners to be trained for new tasks
and for regularly assignee tasks that have changed. The new task
training requirements in the proposal are very performance-oriented,
and do not include detailed specifications for this training. However,
we are interested in comments on whether the final rule should include
more detail and guidance on the elements of an effective new task
training program, and what areas should be addressed. We are also
interested in comments on whether new task training requirements under
the final rule should be modeled after the requirements in part 48, as
recommended by some comments at the public meetings.
Training Instructors
The proposal would not require a formal program for the approval or
certification of instructors,or establish rigid minimum qualifications
for instructors. Instead, training must be provided by a ``competent
person,'' which is defined as a person designated by the operator who
has the ability, training, knowledge, or experience to provide training
to miners on a particular subject. Under this definition, the competent
person must also be able to evaluate the effectiveness of the training.
We are interested in comments on the approach taken in the proposal
for instructors, particularly on the fact that the proposal would not
require a formal instructor approval or certification program. We are
also interested in commenters' views on whether the final rule should
require some minimum amount of formal training for instructors,
designed to ensure that the instructor has the communication skills
needed to provide effective training.
Annual Refresher Training
Under the proposal, refresher training must include, at a minimum,
instruction on changes at the mine that could adversely affect the
miner's health or safety. The proposal includes a list of suggested
topics that refresher training could cover, but these topics are not
mandatory. We are interested in whether the final rule should include
more detailed requirements or guidance for refresher training programs.
We are also interested in whether there are any other subjects that
commenters believe should be required as part of annual refresher
training at all mines, or whether the final rule should remain at
performance-oriented as the proposal.
Effective Date and Compliance Deadlines
We are interested in comments on how much time should be allowed
for the mining community to come into compliance with the final rule.
Several speakers at the public meetings stated that one year after the
date of publication of the final rule would provide a sufficient period
of time for affected operations to come into compliance. Several other
speakers indicated that six months past the publication date would be
adequate.
One possible approach would be phased-in compliance deadlines,
where some of the rule's requirements would go into effect at different
stages. For example, the requirement that you develop and implement a
training plan might become effective six months after the final rule is
published, while the requirements for the various types of miner
training would take effect one year after publication.
We are seeking comments on whether phased-in deadlines would be
useful in facilitating compliance, and what period of time will be
needed for full compliance. We understand that there will be a very
large number of operations coming into compliance simultaneously and
wish to allow a reasonable amount of time for the transition.
Costs and Benefits of the Proposed Rule
We are interested in comments on all elements (including
methodology, assumptions, and data) of our analysis of the costs and
benefits of compliance with the proposed rule.
In terms of compliance costs, we specifically request comments on
the following issues: (1) The non-compliance estimates used in our
preliminary Regulatory Economic Analysis for the proposed rule and
whether partial compliance with existing part 48 training requirements
would be a more realistic and useful assumption; (2) whether new mines
are predominantly opened by current mine owners (who would presumably
be able to adopt an approved training plan) and, more generally,
whether the cost assumptions for existing mines to develop a training
plan are equally applicable to new mines; (3) the assumptions
concerning short safety meetings used to derive the estimate of exempt
mine operator savings attributable to the proposed rule; and (4) the
cost assumptions concerning hazard training, including, particularly,
the number of persons requiring hazard training.
In terms of safety and health benefits, we request comments on (1)
our estimates of the number of fatalities likely to be prevented by
compliance with the proposed rule; (2) the effect of increased
production levels on the number of fatalities and the fatality rate;
and (3) what factors, other than training, might make exempt mines more
hazardous than nonexempt mines.
We are also interested in comments related to potential economic
benefits you might derive from improved miner safety and health
resulting from compliance with the rule. For example, during the public
meetings, several speakers stated that their companies were able to
reduce workers' compensation insurance costs significantly by
instituting an effective safety and health training program. We are
specifically interested in comments concerning how compliance with
proposed part 46 might affect workers' compensation costs at your
operations. Other economic benefits from improved miner health and
safety we request your comments on include, but are not limited to, an
increase in productivity; a reduction in property loss and down time
associated with accidents; and a reduction in employee turnover.
III. Hearing Procedures
We will conduct the hearings in an informal manner with a panel of
MSHA officials. Although formal rules of evidence or cross examination
do not apply, the chair may exercise discretion to ensure the orderly
progress of the hearings and may exclude irrelevant or unduly
repetitious material and questions.
We will begin each session with an opening statement and will then
give members of the public an opportunity to make oral presentations.
The hearing panel may ask questions of speakers. Verbatim transcripts
of the proceedings will be prepared and made a part of the rulemaking
record. Copies of the hearing transcripts will be made available for
public review, and will also be posted on our Internet Home Page at
http://www.msha.gov.
We will also accept written comments and other appropriate
information from any interested party, including those who do not make
oral presentations. All comments and information submitted will be
considered by us in the development of the final rule and included as
part of the rulemaking record. To allow for the submission of
posthearing comments, the record will remain open until June 16, 1999.
[[Page 18531]]
Dated: April 6, 1999.
Marvin W. Nichols, Jr.,
Deputy Assistant Secretary for Mine Safety and Health.
[FR Doc. 99-8895 Filed 4-8-99; 9:52 am]
BILLING CODE 4510-43-U
