98-26598. Experienced Miner and Supervisor Training

[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Rules and Regulations]
[Pages 53750-53761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26598]



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Part II





Department of Labor





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Mine Safety and Health Administration



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30 CFR Parts 48, 75, and 77



Experienced Miner and Supervisor Training; Final Rule

Federal Register / Vol. 63, No. 193 / Tuesday, October 6, 1998 / 
Rules and Regulations

[[Page 53750]]



DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 48, 75, and 77

RIN: 1219-AB13


Experienced Miner and Supervisor Training

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

ACTION: Final rule.

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SUMMARY: This final rule revises MSHA's training regulations to update 
and upgrade certain provisions. Specifically, these revisions require 
essential health and safety training for certain supervisors; eliminate 
new miner training for experienced miners; and promote flexibility in 
experienced miner training to meet the specific needs of the miner and 
the operator. This final rule will enhance safety and health by 
providing effective training of miners and, thus, reducing accidents, 
injuries, and illnesses.

DATES: This final rule is effective February 3, 1999, except that 
Secs. 48.2(b)(2), 48.22(b)(2), 48.8(c), and 48.28(c) are effective 
October 6, 1998 and Secs. 75.161 and 77.107-1 are effective October 6, 
1999.
    Submit all comments on the information collection burden by 
December 7, 1998.

ADDRESSES: Submit written comments on the information collection 
requirements directly to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer 
for MSHA, 725 17th Street NW, Room 10235, Washington, DC 20503; and to 
MSHA by mail to Carol J. Jones, Acting Director, Office of Standards, 
Regulations, and Variances, MSHA, 4015 Wilson Boulevard, Room 631, 
Arlington, VA 22203; by facsimile to MSHA, Office of Standards, 
Regulations, and Variances at 703-235-5551; or by E-mail to 
[e-mail]. MSHA encourages commenters sending written comments 
by mail or facsimile to also send a computer disk of the comments.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director; MSHA, 
Office of Standards, Regulations, and Variances; 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Rulemaking History

    Section 115 of the Federal Mine Safety and Health Act of 1977 (Mine 
Act), 30 U.S.C. 825, directs the Secretary of Labor to promulgate 
regulations concerning safety and health training programs for miners. 
Section 115 states that each mine operator must have a training program 
approved by the Secretary. The legislative history of the Mine Act 
indicates that Congress intended that miners be trained commensurate 
with their exposure to mine hazards so that they can effectively deal 
with those hazards.
    On October 13, 1978, MSHA published regulations for the training of 
miners in 30 CFR part 48 (43 FR 47453) implementing Sec. 115 of the 
Mine Act. Among other things, the regulations define ``miner'' and 
``experienced miner,'' and they specifically require new miner and 
newly-employed experienced miner training, task training, and annual 
refresher training.
    On September 24, 1991, MSHA published a proposed rule (56 FR 48376) 
to revise portions of the existing regulations. The comment period for 
the proposed rule closed January 24, 1992, and MSHA held two public 
hearings: July 21, 1992, in Arlington, Virginia; and July 23, 1992, in 
Denver, Colorado. The record remained open until September 25, 1992, to 
allow for post-hearing comments.
    MSHA received comments from many segments of the mining community. 
These comments have been reviewed and considered in the development of 
the final rule. Some commenters, however, raised issues outside the 
scope of the proposal. The issues addressed in the final rule are 
limited to those specifically raised in the proposed rule.

II. General Discussion

Overview

    The Congress recognized, and MSHA's experience confirms, that 
effective training of miners is important to preventing deaths, 
injuries, and illnesses in mining. All miners must be trained to 
recognize and avoid mine hazards and to work safely. Effective training 
must be complete, preparing miners for the hazards they will face so 
that they can assist in the prevention of accidents, injuries, and 
illnesses. Circumstances affecting individual miners differ, however. 
They have varying levels of mining experience and work in various 
mining environments. Effective training must take these differences 
into account.
    Training that is suitable for miners without mining experience may 
not be appropriate for miners with experience. MSHA continues to allow 
compliance flexibility under the final rule so that mine operators may 
develop training materials that best meet their particular needs. For 
example, training should take into account miners whose extent and type 
of experience varies, including those transferred from one mine to 
another mine owned by the same operator, as well as those miners who 
have not worked in their occupation for a period of time. For this 
reason, the final rule primarily retains a performance-oriented 
approach to experienced miner training.
    As required in Sec. 101(a)(9) of the Mine Act, the final rule 
promotes effective training without reducing the protection afforded 
miners in the following ways. First, it provides that experienced 
miners, including supervisors, must take training tailored to meet 
their specific needs. Once a miner is experienced, that miner will not 
have to take training designed for inexperienced miners. Second, miners 
who are away from mining for 5 years or more must receive at least 8 
hours of experienced miner training. Third, experienced miner training 
includes four new subjects: prevention of accidents, emergency medical 
procedures, health, and health and safety aspects of the tasks to be 
performed in their jobs. Finally, miners returning to work, following 
an absence of 12 months or less, must be made aware of any major 
changes in the mine that may adversely affect their safety or health.

Training Plan Modifications

    To minimize the paperwork burden, assist mine operators with 
compliance, and focus on the importance of quality training, MSHA will 
provide assistance and guidance for complying with this regulation. The 
Agency will issue compliance guidelines to all mine operators further 
explaining the required modifications to their training plans. MSHA 
also will include a model training plan addendum with the compliance 
guidelines. The operator can attach this model addendum to an existing 
MSHA-approved training plan and, thus, eliminate the need to submit a 
plan modification to MSHA for approval.
    Existing standards require mine operators to post a copy of 
revisions to the training plan on the mine bulletin board.

III. Section-By-Section Discussion

Sections 48.2 and 48.22  Definitions

Supervisors as Miners
    Like the proposal, the final rule eliminates the training exemption 
for supervisors who are subject to State certification programs; all 
supervisors are ``miners'' for training purposes. The final rule 
removes the specific reference to supervisors from the definition of

[[Page 53751]]

``miner'' under existing Secs. 48.2(a)(1)(ii) and 48.22(a)(1)(ii).
    When the training regulations were promulgated in 1978, MSHA 
expected that State certification programs would be sufficient for 
safety training purposes, and that Federal requirements would duplicate 
the requirement of the states. MSHA experience has shown that State 
certification programs generally do not focus on the safety and health 
aspects of mining, particularly those tasks performed by miners, and 
that accidents involving supervisors usually occur while supervisors 
are performing mining related tasks. For these reasons, the final rule 
will supplement the State certification program by emphasizing health 
and safety issues specific to a particular mine or mining method.
    Supervisors direct the work force and, in that role, are 
responsible for assuring that work is done in a safe and healthful 
manner. In many instances, supervisors, who may have to visit many work 
areas at a mine, may encounter more hazards than miners who may be 
assigned to one area or one piece of equipment. Also, supervisors often 
personally intervene and perform non-supervisory tasks when 
interruptions of normal work operations occur or when hazardous 
situations arise.
    Fatalities among underground coal mine supervisors, including State 
certified supervisors, confirm their exposure to hazards. From 1990 to 
1997, there were 35 underground coal supervisor fatalities. This figure 
represents about 15% of all underground coal fatalities during that 
period. Though the fatality rate for supervisors has improved in recent 
years, their accident experience continues to warrant attention. 
Underground coal supervisors are of particular concern because MSHA 
estimates that only about 34% of underground coal supervisors receive 
or are required to receive part 48 training. About 75% of surface coal 
supervisors and all metal and nonmetal (M/NM) supervisors receive or 
are required to receive part 48 training.
    Supervisors are subjected to many, if not more, of the hazards that 
non-supervisory miners face and, therefore, need to receive at least 
the same training. The final rule addresses this issue by requiring 
that previously exempt State certified supervisors complete part 48 
annual refresher training not more than 12 months after the publication 
date of this final rule in the Federal Register. This will provide 
supervisors the full complement of training that all miners receive, 
including courses in Electrical Hazards, Health, Explosives, and 
Prevention of Accidents. In this way, the final rule assures that 
supervisors will be effectively trained in all health and safety 
aspects of their work environment.
    Several commenters suggested that the training regulations refer to 
both ``miners'' and ``supervisors'' throughout the provisions to ensure 
that supervisors are covered by the training requirements. The Agency 
contends that separate references to both miners and supervisors 
throughout the rule are not necessary. All miners, including 
supervisors, need to be effectively trained commensurate with their 
exposure to mine hazards. Accordingly, the final rule removes the 
supervisor exemption and, by doing so, the definition of ``miner'' will 
include supervisors.
    Commenters pointed out that some supervisors are primarily office 
workers who work at the mine, but are not exposed to mine hazards. 
These commenters suggested that these supervisors not be considered 
``miners'' and required to complete comprehensive training. One 
commenter suggested that MSHA add clarifying language to the regulation 
to exclude supervisors who do not perform miners' tasks and are not 
regularly exposed to mining hazards. MSHA agrees that these 
supervisors, like other miners who are not regularly exposed to mining 
hazards, do not need comprehensive training. Under the final rule, 
supervisors will be treated like other miners. MSHA does not accept 
that additional explanatory language is needed, however, because the 
definitions for ``miner'' [Secs. 48.2(a) and 48.22(a)] distinguish 
between miners who are required to take comprehensive training from 
those, including some supervisors, who only need hazard training 
(Secs. 48.11 or 48.31).
    On the other hand, MSHA received comments from both industry and 
labor representatives suggesting that supervisors who are exposed to 
mine hazards should receive training under part 48 beyond that required 
for other miners. The comments detailed courses that should be 
incorporated into a comprehensive training program specifically for 
supervisors. While these comments extend beyond the scope of the 
proposal, they raise important issues for future consideration by the 
Agency.
    One commenter pointed out that many operators use their supervisory 
personnel as trainers to fulfill the requirements of part 48. The 
commenter was concerned that supervisors who conduct training would be 
required to take the same training themselves. Supervisors and miners 
who are MSHA approved to conduct training have demonstrated knowledge 
of the subject matter through previous instruction or experience. MSHA, 
therefore, will credit persons who conduct a training course with 
having taken that particular course. For example, an MSHA approved 
instructor who teaches a course on health will be credited with having 
taken that course.
Requirements for Experienced Miner Status
    In the existing standards, an ``experienced miner'' is a person who 
has received training acceptable to MSHA from an appropriate State 
agency within the preceding 12 months; or a person who has had at least 
12 months experience working in a surface or underground mine during 
the preceding 36 months; or a person who has received new miner 
training within the preceding 12 months. If, for example, a miner is 
laid off for more than 2 years, that miner is no longer considered 
``experienced'' and reverts to new miner status for training purposes. 
In order to be considered ``experienced,'' the miner must complete new 
miner training. Consequently, miners who may have significant mining 
experience must take training designed for persons new to mining. The 
proposal had addressed this lapse in ``experienced'' miner status for 
training purposes by allowing a miner to retain this status for life if 
the miner completed new miner training and 12 months of mining 
experience.
    Like the proposal, the final rule defines ``experienced miner'' in 
Secs. 48.2(b) and 48.22(b) to mean a miner who has completed new miner 
training and has 12 months of mining experience. Once the miner has 
attained that training and experience, the miner retains ``experienced 
miner'' status for life for training purposes. Upon changing 
employment, the miner is then required to receive training specifically 
intended for experienced miners.
    The final rule allows laid-off miners to retain experienced miner 
status, thus making them more competitive. Even when miners have not 
been passed over, the lapse of experienced miner status has stirred 
some resentment among miners who, by virtue of their mining experience, 
do not want to be called or treated as ``new miners.'' The final rule 
eliminates the lapse of the experienced miner status, and strengthens 
experienced miner training requirements.
    MSHA received several comments on the definition of ``experienced 
miner.'' Some commenters agreed that the combination of training and 
experience

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should qualify a person as an experienced miner.
    Other commenters stated that obtaining experienced miner status 
might be difficult for some independent contractors working on mine 
property. They pointed out that independent contractors are often hired 
for their task expertise and that new miner training is not necessary 
to assure that these contractors are knowledgeable in the health and 
safety aspects of their tasks.
    MSHA's position is that, in addition to task expertise, these 
independent contractors must have a solid foundation in the health and 
safety aspects of their mine work environment. MSHA's experience 
indicates that task expertise alone does not substitute for a 
familiarity with surrounding safety and health hazards. For example, an 
electrician who is contracted to work on mine property will be familiar 
with hazards associated with working around electricity, such as water, 
grounding, and live wires. The electrician may not be familiar with 
mine hazards or health and safety procedures, such as the use of 
personal protective equipment, lockout and tagging procedures, and 
working in and around operating equipment.
    Under the proposal, experienced miner training would have been 
``given by an operator or state.'' Commenters said that this provision 
would be unduly restrictive as to the types of entities that could 
provide the training. It was never MSHA's intention to restrict who 
could conduct the training. MSHA considered training provided by the 
operator through a third party as training ``given by'' the operator. 
For clarification, the final rule requires only that the training be 
MSHA-approved. Thus, a variety of entities can conduct the MSHA-
approved training, including private trainers, universities, trade 
associations, and labor organizations.
    Commenters noted that contractors are mobile, performing work for 
short periods of time at many different job sites in mining and general 
industry. According to these commenters, such work patterns make it 
difficult to accumulate a year's mining experience within 12 months of 
receiving new miner training. They suggested that the definition of an 
``experienced miner'' include only a training requirement. Work 
experience, however, is critical to the hands-on application of the 
safe work procedures and practices of each task. Actually doing a task 
in a safe manner effectively imprints those practices and procedures 
and reinforces learning.
    One commenter suggested that experienced underground miners should 
be considered experienced surface miners, and vice versa. MSHA rejected 
this comment because underground and surface mining present different 
environments, hazards, and mining equipment. If ``experienced'' status 
is to be meaningful, an experienced underground miner must have 
underground experience and an experienced surface miner must have 
surface experience.
    Similarly, another commenter suggested that either surface or 
underground training and experience should suffice for independent 
contractors to gain ``experienced'' miner status for both locations. 
Again, MSHA concludes that training specifically geared to those 
respective environments is both justified and necessary because 
independent contractors, like other miners, are exposed to hazards that 
are unique to either surface or underground mining environments.
    MSHA acknowledges, however, that maintenance and service 
contractors often have significant trade experience in work 
environments similar to surface mines or the surface areas of 
underground mines. These contractors are not exposed to appreciably 
different hazards when they are working in similar work environments. 
Accordingly, MSHA will allow independent contractors to count their 
trade experience in work environments with hazards similar to mining 
toward satisfying the 12-month surface mining experience requirement. 
For example, a person who has repaired or changed tires for 7 months in 
an employment setting with exposure to hazards like those found at mine 
properties, may be credited for the 7 months experience.
    One commenter stated that it also may be difficult for some new 
miners, especially at mines that work intermittently, to gain the 12 
months of mining experience within 12 months of receiving new miner 
training. Another commenter suggested that the rule should allow 
persons 36 months to attain the 12 months of mining experience. 
Although the Agency acknowledges the importance of mining experience, 
it also agrees that gaining experience consecutively or within a 
restricted time frame may be difficult in some cases. In response to 
commenters, and to provide flexibility to both miners and operators, 
the final rule imposes no limit on the amount of time within which the 
miner has to accumulate the 12 months of experience.
    The proposal would have recast the existing grandfather provision 
for miners employed on October 13, 1978, by adding a 1-year experience 
requirement. MSHA received no comment specifically on this part of the 
proposal. Commenters were concerned, however, that some other miners, 
who are considered to be experienced miners under the existing rule, 
would lose that status under this proposed provision because they do 
not yet have 12 months of mining experience.
    MSHA wants a smooth transition under the final rule without a 
disruption to the mining industry. Accordingly, MSHA will consider all 
miners who are experienced miners under the existing rule on the 
effective date of this final rule to be experienced miners for life. 
This addresses the commenters' concern and incorporates the current 
grandfather provision without adding requirements.
    Under the proposal, MSHA would also have considered supervisors to 
be experienced miners if they were certified under an MSHA-approved 
State certification program and were employed as supervisors on the 
date of publication of this final rule. MSHA received no comment on 
this issue and the final rule retains this provision. Because 
supervisors are drawn from the pool of experienced miners, this 
provision does not reduce protection afforded miners under the existing 
standards.

Sections 48.5 and 48.25  Training of New Miners

    Under the proposal, an ``experienced miner'' was a miner who had 
completed new miner training and had 12 months of mining experience. 
The proposal did not address what training a miner would need if the 
miner went to work at another mine before gaining the required 12 
months of experience. Upon reviewing the proposal, MSHA was concerned 
that miners working in different mines before accumulating the required 
12 months of mining experience would have to take new miner training 
each time they began work at a new mine, resulting in unduly repetitive 
and costly training.
    One commenter pointed out that a training and experience 
requirement that may result in miners, including independent 
contractors, repeatedly taking new miner training is undesirable and 
not conducive to effective training. Another commenter suggested that 
new miner training be good for 36 months.
    The final rule addresses this issue in Secs. 48.5(d) and 48.25(d). 
This provision allows miners who have received new miner training in 
the last 36 months, to take experienced miner training rather than 
requiring them to retake new miner training. These miners will then 
continue in the operator's regular

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program of training for miners, including task and annual refresher 
training. This approach minimizes the likelihood of repeating new miner 
training unnecessarily. MSHA has determined that the final provision 
reduces the compliance burden on mine operators and provides more 
effective training to miners, while not reducing the protection under 
the existing standards.
    For example, a person new to mining receives surface new miner 
training, works 6 months, and leaves the mining industry. Two years 
after receiving new miner training, the person is hired at a surface 
mine. Because the person had received new miner training within 36 
months, the person will be required to receive experienced miner 
training rather than new miner training. After an additional 6 months 
of working as a miner, the miner will have accumulated 12 months of 
total surface mining experience and, for training purposes, will be 
considered an experienced surface miner for life.
    Alternatively, as another example, if the miner were to receive 
surface new miner training, work 6 months, and leave the mining 
industry for 4 years, that miner, upon returning to surface mining, 
will be required to repeat new miner training. After the miner 
completes the new miner training and accumulates another 6 months of 
mining experience, that miner will be considered an experienced surface 
miner for life. If the miner had accumulated 12 months of mining 
experience within 36 months of receiving new miner training, as in the 
previous example, that miner would have been required to receive 
experienced miner training rather than new miner training.

Sections 48.6 and 48.26  Experienced Miner Training

    Consistent with the proposal, the final rule changes the title of 
Secs. 48.6 and 48.26 from ``Training of newly employed experienced 
miners; minimum courses of instruction'' to ``Experienced miner 
training.'' Similarly, all references to ``newly employed experienced 
miners'' are revised to read ``experienced miners.''
    The final rule states that experienced miner training pertains to 
miners rehired or transferred from one mine owned by the same operator 
to another, as well as to experienced miners who are newly employed at 
the mine for the first time. The final rule also requires experienced 
miner training for experienced underground miners who are working on 
the surface and are transferred underground, or experienced surface 
miners who are working underground and are transferred to the surface.
    Miners returning to the mine after an absence of more than 12 
months are also required to receive experienced miner training. The 
duration, not the cause, of the absence necessitates the training. The 
final rule, therefore, removes the itemization of causes of absences 
contained in the proposal. This avoids the possibility of miners 
``falling through the cracks'' when they have been absent from the mine 
for reasons other than those listed. Thus, the absence may be for any 
reason including, but not limited to, lay off, work stoppage, 
termination, illness, injury, family care, extended leave, or other 
work.
Flexible Training
    Experienced miners who are new or returning to a mine need to be 
apprised of the particular conditions and practices that present new 
safety and health hazards at that mine. Effective training prepares 
these miners to work safely by familiarizing them with the mine's 
environment, providing them with information on the mine's plans and 
procedures, and assuring that they have skills that are adequate to 
perform their jobs safely. This is practical, mine-specific training.
    To provide flexibility for a variety of training needs, the final 
rule recognizes the diversity of experience among miners. For example, 
training geared for a miner who is experienced, but new to the 
operation, may not be appropriate for a miner who is transferred, from 
surface to underground or from one mine owned by the operator to 
another, and may already be knowledgeable about the operator's plans 
and procedures. The final rule requires the operator to vary the time 
spent on each subject so as to address the particular needs of the 
individual miner. It is up to the operator to determine appropriate 
training. MSHA encourages operators to add additional safety and health 
subjects based on the specific circumstances and conditions at the 
mine.
    Commenters suggested that MSHA clarify whether the final regulatory 
language refers to surface or underground miners throughout Secs. 48.6 
and 48.26. MSHA does not include this suggestion in the final rule. The 
term ``experienced miner'' appears in subparts A and B, which apply to 
underground and surface miners, respectively.
    Commenters also suggested that MSHA clarify proposed 
Secs. 48.6(a)(3) and 48.26(a)(3) concerning transferred miners from 
underground to surface or surface to underground, to specifically state 
which type of transferred experienced miner, surface or underground, 
each section covers. For the same reason, the Agency does not include 
this suggestion in the final rule. The term ``experienced miner'' 
appears in the context of subparts A and B, which clearly apply to 
underground miners and surface miners, respectively.
    Commenters suggested that miners who are transferred from one mine 
to another owned by the same operator, should not be required to 
receive all of the experienced miner training. They suggested that only 
certain subjects be required.
    The final rule includes a performance approach to experienced 
miners training. MSHA intends that this training requirement be 
flexible so as to meet the needs of different miners, with their 
varying knowledge and understanding of the mine environment. While a 
miner transferring from one mine to another owned by the same operator 
may need less training than another experienced miner newly employed by 
the operator, all experienced miners must receive at least some 
training in all of the required subject areas. This is because this 
type of training acquaints miners with specific conditions, plans, and 
procedures of a different mine or mine environment.
    One commenter stated that experienced miners transferred from the 
surface area of an underground mine to underground, or vice versa, 
should not be required to complete all of the requirements of new miner 
training to be able to transfer. Further, the commenter recommended 
that these transferring miners should receive, in all cases, a 
predetermined reduction in the number of hours required in new miner 
training.
    Experienced miner training must not be approached from the 
standpoint of ``one size fits all.'' MSHA experience indicates that a 
predetermined reduction of required training based on some miners 
having prior experience does not account for differences in the miners' 
experience. Under the final rule, as under existing policy, MSHA will 
allow miners to receive credit for applicable training previously taken 
under subpart A to fulfill requirements of subpart B or vice versa. For 
example, if an experienced underground miner transfers to a surface 
job, that miner's first aid training can be credited toward the first-
aid training required for an inexperienced surface miner. MSHA expects 
mine operators to assess the training needs of the transferring miner

[[Page 53754]]

and to determine any applicable training to credit.
    Several commenters objected to the phrase in the proposal that 
training be ``thorough and effective.'' They maintained that such a 
requirement was vague, subjective, and could cause enforcement 
problems. MSHA agrees. The final rule does not include this language. 
However, MSHA expects mine operators to provide necessary training to 
ensure that miners have the information they need to work in a safe and 
healthy environment.
Additional Experienced Miner Courses
    The existing standards require training in some subjects to 
acquaint newly employed experienced miners with the environment, 
operations, and hazards at the mine. Miners with more than 1 year of 
total mining experience, and who have less than 1 year of mine 
experience at the mine where the accident occurred, accounted for about 
22% of all miner fatalities from 1990 to 1997. During that period of 
time, these miners accounted for only 5% of the total mining 
population. This high percentage of accidents indicates that 
experienced miners new to a mine are not receiving the training they 
need to work safely.
    The final rule strengthens training for experienced miners, 
requiring training in four additional subjects to increase their 
ability to work safely, avoid injuries and illness, and respond to 
emergencies. The added courses are: (1) prevention of accidents, with a 
review of accidents that have occurred at the mine; (2) the mine's 
emergency medical arrangements and the location of first-aid equipment 
and supplies; (3) health, including instruction on the purpose of 
taking dust and noise measurements, and explaining warning labels and 
any health control plan in effect at the mine; and (4) the health and 
safety aspects of the task to which the miner will be assigned.
    Regarding the course on prevention of accidents, one commenter 
stated that a review of all accidents should not be required because 
training on specific accidents might not be feasible under certain 
circumstances due to employee confidentiality or pending litigation. 
The commenter was also concerned that, interpreted broadly, the 
provision would require mine operators to provide training on every 
accident that occurs at a mine, regardless of degree of the injury.
    While some duplicate wording has been removed, the final rule 
retains the proposed requirement that a review of general causes of 
accidents applicable to the mining environment and causes of specific 
accidents at the mine be provided. MSHA intends that mine operators' 
instruct miners on accidents of particular concern at the mine. It is 
the mine operator's responsibility to determine which accidents should 
be reviewed as part of the training. This flexibility is important for 
providing mine operators the latitude to design their own training, 
tailored to address the specific needs of their unique mining 
conditions.
    Commenters objected to the proposed first-aid instruction 
requirement and suggested that it be eliminated or changed. Some 
commenters recommended that first-aid methods be taught according to a 
national program. Alternatively, some commenters suggested that 
instruction should focus on making miners aware of the locations of 
first-aid supplies, rather than requiring training in first-aid 
methods. Some commenters noted that a review of first aid would be 
redundant, as it is done in annual refresher training, and that 
instruction on this subject would impose a burden on many operators to 
hire an approved first-aid instructor and obtain first-aid teaching 
equipment.
    In response to commenters, the final rule requires that experienced 
miners be made aware of emergency medical arrangements and locations of 
first-aid equipment and supplies. Consistent with this change, the 
Agency has changed the title ``First aid'' to ``Emergency medical 
procedures.'' Miners who take this course also must take annual 
refresher training that includes instruction in first-aid methods. 
Additionally, some miners and designated supervisors will receive 
first-aid training under the requirements in 30 CFR parts 56, 57, 75, 
and 77.
    One commenter questioned the need for taking any training related 
to health measurements, noting that an experienced miner already knows 
the purpose for taking health measurements. MSHA disagrees. It is 
important that miners know the health measurements in place at the 
mine. Miners who move from one mine to another may encounter new and 
different health issues. Health measurement training also serves to 
reinforce the importance of appropriate health protection.
    Several commenters suggested that instruction on warning labels be 
included in hazard recognition training rather than training related to 
health. While understanding warning labels promotes safe handling of 
materials, frequently the associated hazards have harmful, long-term 
effects on miners' health. Under the final rule, therefore, miners must 
receive training on warning labels as a part of health training.
    One commenter suggested that MSHA provide flexibility for the 
health course requirement. The commenter suggested that MSHA provide 
language in this section exempting training that does not apply to a 
particular operation. For example, training on the use of respirators 
should not be required if the miner would not be required to use 
respirators. MSHA agrees that training for miners must be relevant for 
the needs of each miner and, therefore, the final rule adds the 
language ``where applicable'' to this requirement.
    One commenter noted that, for clarity, the health training 
requirement should match that of annual refresher training. MSHA 
agrees, and has reworded the language to be consistent with that in the 
surface annual refresher training requirements [30 CFR 48.28(b)(8)].
    One commenter suggested that the proposed requirement for 
instruction in the mandatory health and safety aspects of miners' tasks 
in Secs. 48.6(b)(11) and 48.26(b)(11) would duplicate the existing 
course, ``Mandatory health and safety standards'' in Secs. 48.6(b)(2) 
and 48.26(b)(2). MSHA concurs to the extent that, in the proposal, both 
courses included instruction in mandatory health and safety standards. 
Under the final rule, there is no duplication. The final rule also 
clarifies that the training required in Secs. 48.6(b)(11) and 
48.26(b)(11) is not for miners who, because of no task experience 
within the prior 12 months, are required to take task training under 
Secs. 48.7 and 48.27.
    Proposed Secs. 48.6(e) and 48.26(e) addressed task training. MSHA 
agrees with commenters that this provision duplicates existing part 48 
regulations, and it is not included in the final rule. The final rule 
clarifies language in Secs. 46.6(b)(11) and 48.26(b)(11), ``Health and 
safety aspects of the tasks to which the experienced miner is 
assigned,'' that if a miner receives task training under Secs. 48.7 or 
48.27, then training in the health and safety aspects of the task is 
not required under experienced miner training.
    Like the proposal, the final rule modifies the language in 
Sec. 48.26(b)(5), pertaining to instruction in escape and emergency 
evacuation plans, by adding the words, ``in effect at the mine.'' This 
change is made to keep the subject matter focused on the plans and 
procedures at the specific mine. MSHA received no comments on this 
change.
    In response to comments, the final rule also modifies, the language 
in Secs. 48.6(b)(7) and 48.26(b)(7), concerning instruction in hazard 
recognition, focusing on the recognition and

[[Page 53755]]

avoidance of hazards present at a specific mine. Like the proposal, the 
final rule is performance oriented and does not specify particular 
topics to cover in this course, so that the mine operator will have the 
flexibility to address hazardous conditions unique to the mine. MSHA 
expects mine operators to take a close look at hazards related to mine 
gases, electricity, explosives, and haulage, where applicable. In 
identifying these areas the Agency does not intend that they are all 
inclusive, but rather indicative of hazards at the mine that could 
potentially cause an accident.
    Several commenters responded to proposed Secs. 48.6(f) and 
48.26(f), which provided that experienced miners returning to work 
after an absence of up to 12 months must receive training on changes in 
the mine environment. The final rule revises and redesignates the 
provisions as Secs. 48.6(e) and 48.26(e). The Agency intends that this 
training be practical awareness training so that returning miners, 
experienced and inexperienced, may know the changes which could 
adversely affect their safety and health.
    Commenters questioned what changes would trigger this training for 
miners returning to work. Commenters suggested that only significant or 
fundamental changes be covered. In response to comments, the final rule 
clarifies that the changes must be ``major.'' A major change is a 
change which the operator knows or should know is likely to endanger 
the safety or health of the miner. To facilitate the effectiveness of 
training, commenters also suggested that it be given by knowledgeable 
persons designated by the operator. The Agency has included this 
suggestion in the final rule. These knowledgeable persons do not have 
to be approved instructors.
    In addition, commenters were concerned about recordkeeping, 
including documentation and tracking burdens. Consistent with the 
Paperwork Reduction Act, intended to minimize recordkeeping 
requirements, the final rule requires no recordkeeping under 
Secs. 48.6(e) and 48.26(e). This will assist operators in providing the 
practical awareness training in a timely manner.
    Commenters were also concerned that MSHA specify what is intended 
by an ``absence'' and suggested that a minimum absence time be 
included, such as 60 days, before this training requirement would be 
triggered. MSHA intends that this provision address miners who are away 
from the mine site for any length of time up to 12 months for whatever 
reason (illness, injury, lay-off, work stoppage, vacation, weekend, 
off-shift time, etc.). The Agency has not included a minimum length of 
absence because changes at the mine site which endanger miners' safety 
or health can occur quickly; these changes may have nothing to do with 
the length of the absence. Therefore, the final rule is not conditioned 
on any minimum time related to an absence.
    Another commenter suggested that, instead of an absence of up to 12 
months, 6 months should be the maximum absence allowed under this 
paragraph. The final rule contemplates that returning experienced 
miners will receive either this training under Secs. 48.6(e) or 
48.26(e) or receive the full complement of experienced miner training 
under this section. Because experienced miner training [Secs. 48.6 or 
48.26] is required for a miner who is absent for more than 12 months, 
the 12-month maximum is retained in Secs. 48.6(e) and 48.26(e) in the 
final rule.
Specific Time Requirements
    In the preamble to the proposed rule, MSHA invited comment on 
whether these regulations should specify time requirements, 
particularly a minimum number of hours for experienced miner training. 
Some commenters stated that a time requirement would inhibit the 
flexibility for training experienced miners. Because the experienced 
miner training covers varying backgrounds, and individual training 
needs differ, the final rule does not contain a ``one-size-fits-all'' 
time minimum for all experienced miners. As noted above, under the 
final rule, operators must design the instruction to meet the specific 
needs of the miners. For training to be meaningful, it must instill 
knowledge or proficiency in the subject matter. Under the final rule, 
operators must provide training in necessary subjects in sufficient 
depth so as to adequately meet the miners' needs.
    Other commenters said that there should be a required minimum of 8 
hours of training to assure that adequate time is devoted to training. 
The Agency agrees that a minimum time is warranted in the limited 
instance of miners returning to mining after an extended absence of 
many years. Over time, safety skills and knowledge erode, this is 
further exacerbated by long absences. Mining is becoming increasingly 
complex and subject to technological innovation. Miners re-entering the 
field after being away for many years, need to be properly trained. 
Training must be of sufficient duration to apprise these miners of new 
developments, as well as re-acquaint them with safe mining practices 
and procedures. In response to comments, and to assure that miners who 
have been away from mining for an extended period receive adequate 
training, the final rule requires that experienced miners returning 
after an absence from mining of 5 years or more must receive at least 8 
hours of experienced miner training before starting work. MSHA is aware 
that many operators already provide 8 hours of training for all newly 
employed experienced miners and commends the industry for this 
commitment to better, more comprehensive training.

Sections 48.8(c) and 48.28(c)  Annual Refresher Training of Supervisors

    In the proposed rule, if training was required by Secs. 75.161(a) 
or 77.107-1 within 30 days of the effective date of the revision, 
annual refresher training would not begin more than 31 days after the 
effective date. The Agency was concerned that, as worded, this 
provision was confusing and unnecessary. Accordingly, Secs. 48.8(c) and 
48.28(c) is modified in the final rule. Supervisors subject to MSHA 
approved State certification must receive annual refresher training not 
more than 12 months after this rule is published.
    To accommodate flexibility, reduce burden, and respond to 
commenters' concerns, the Agency is providing an effective date of 12 
months for mine operators to provide annual refresher training for 
supervisors. Consistent with existing MSHA training policy for miners, 
the final rule establishes the initial anniversary date for annual 
refresher training of supervisors, for the month the final rule is 
published. Therefore, October, 1998 is the initial anniversary month 
for those supervisors who were not required to receive annual refresher 
training. These supervisors have 12 months from this date to complete 
annual refresher training. By allowing 12 months for this training, the 
Agency allows time for outreach activities for operators and 
supervisors, and facilitates the inclusion of State certified 
supervisors into the operator's existing annual refresher training 
program cycle.
    If the mine operator wants to provide annual refresher training to 
all miners only once a year, then the supervisor would have to receive 
the training with other miners before 12 months have elapsed. This will 
establish a new anniversary date for that supervisor.
    According to one commenter, the scheduling of annual refresher 
training for supervisors, who have been trained under the requirements 
of 30 CFR 75 and 77, should not be limited to the coal sector of the 
mining industry. This

[[Page 53756]]

aspect of the final rule primarily affects coal supervisors, however, 
because some of these supervisors were previously exempt from part 48 
training.

Sections 75.161 and 77.107-1  Plans for Training Programs

    Like the proposed rule, the final rule revises certain training 
provisions in 30 CFR parts 75 and 77, for certified persons in 
underground and surface coal mines, respectively. It removes course 
requirements for methane measurement and oxygen deficiency testing, 
roof and rib control, ventilation, and use of self-contained self-
rescue devices from Sec. 75.161 and the course requirement for 
principles of mine rescue from Sec. 77.107-1. These deletions do not 
reduce protection afforded miners under the existing rule, but only 
eliminate duplicate provisions and consolidate training requirements in 
part 48.
    Specifically, the final rule removes the training requirement in 
Sec. 75.161(a) for methane measurement and oxygen deficiency testing, 
which is covered in Sec. 48.8(b)(10) (Mine gases); in Sec. 75.161(a) 
for roof and rib control and ventilation plans, which is covered in 
Sec. 48.8(b)(4) (Roof or ground control and ventilation plans); and in 
Sec. 75.161(c) for self-contained self-rescue devices, which is covered 
in Sec. 48.8(b)(8) (Self-rescue devices and respiratory devices). The 
final rule also revises Sec. 77.107-1 by deleting the reference to 
principles of mine rescue, as this training is covered under existing 
Sec. 48.28(b)(3) (Escape and emergency evacuation plans; fire warning 
and firefighting).
    One commenter suggested that MSHA add language to clarify that 
training received under part 48 would not diminish State and Federal 
requirements for certified persons. The final rule removes only 
duplicate training requirements from 30 CFR 75 and 77. Additional 
training requirements for certified persons, under existing standards 
in parts 75 and 77, are not covered by part 48 and are unchanged; 
therefore, additional language to address this point is unnecessary.
    One commenter believed that MSHA did not go far enough in removing 
overlapping topics. This commenter recommended also removing the first-
aid training requirements from 30 CFR parts 75 and 77 and leaving the 
first-aid requirements in 30 CFR part 48 to satisfy all first-aid 
training needs. In 30 CFR part 48, however, supervisors may never 
receive a comprehensive first-aid course, because they can receive only 
a review of basic first-aid and satisfy requirements for part 48 annual 
refresher training. The first-aid training requirements in 
Secs. 75.1713 and 77.1705 will assure that there are supervisors on 
mine property who will receive, at a minimum, 5 hours of refresher 
first-aid training annually.
    As discussed previously, MSHA allows operators 12 months to provide 
annual refresher training to supervisors under Secs. 48.8 and 48.28. 
This requirement, however, does not eliminate the requirement for 
annual training of certified and qualified persons under the existing 
Secs. 75.161 and 77.107-1. In removing courses that duplicate those 
required under part 48 from the training required for certified and 
qualified persons by parts 75 and 77, the final rule creates the 
potential for a lapse in vital training. To eliminate this possible 
lapse in training, the effective date for removal of duplicate training 
courses from 30 CFR parts 75 and 77 is also 12 months from the date of 
publication of this final rule.
    In effect, this will require an underground supervisor to receive 
annual refresher training under Sec. 48.8, as well as annual training 
under existing Sec. 75.161 during the 12 months after the final rule is 
published. MSHA will, however, allow for crediting during this 
transition period. As an example, if a supervisor receives annual 
refresher training under Sec. 48.8 before 12 months has lapsed since 
the supervisor last received training under Sec. 75.161, and the 
refresher training duplicates the existing requirements of Sec. 75.161, 
that supervisor will not have to repeat those duplicate courses when 
next receiving training under Sec. 75.161. After the effective date of 
final Secs. 75.161 and 77.107-1, which is 12 months from date of 
publication in the Federal Register, (1) all supervisors will have 
received initial annual refresher training under part 48; (2) the 
duplicate courses will have been removed from the training required by 
Secs. 75.161 and 77.107-1; and (3) these duplicate courses will be 
covered in the supervisor's subsequent annual refresher training under 
part 48.
    MSHA also proposed removing Sec. 77.1709, which requires new 
employees to be trained in safety rules and safe work procedures before 
they begin work at the mine. These requirements are covered under 
Sec. 48.25 (Training of new miners), Sec. 48.26 (Experienced miner 
training), and Sec. 48.27 (New task training). MSHA received no 
comments on this proposal. The final rule removes existing 
Sec. 77.1709.

IV. Paperwork Reduction Act

    The final rule contains collection of information requirements in 
Secs. 48.2/22 and 48.6/26. The information collection requirements 
associated with part 48 training are approved under OMB Control Number 
1219-0070. This final rule will require modification of the information 
collection budget for part 48. These requirements have been submitted 
to the Office of Management and Budget (OMB) for review under section 
3504(h) of the Paperwork Reduction Act of 1995 (PRA 95). The 
respondents and requirements are discussed below with an estimate of 
the annual information collection burden.

Description of Respondents

    The respondents are mine operators and individuals who are paid to 
perform tasks for the mine operator (e.g., instructors). Respondents 
are not required to respond to any collection of information unless it 
displays a currently valid OMB control number. MSHA estimates that this 
information collection requirement affects all (about 20,650) mines and 
independent contractors. MSHA data for 1997 indicate that there are 
about 2,560 coal mines, 10,960 metal/nonmetal mines, 3,890 independent 
contractors at coal mines, and 3,240 independent contractors at metal/
nonmetal mines.

Description of Information Collection Burden

    The estimated incremental information collection burden hours 
associated with this final rule can be divided into the following three 
categories: (1) revising the definition of ``miner;'' (2) improving 
experienced miner training; and (3) requiring experienced miners, 
before they return to work following an absence of 12 months or less, 
to have training on the significant changes in the mine environment 
that could affect the miners' safety or health.
State-Certified Supervisors as ``Miners''
    The burden hours and associated costs for supervisors to take 
annual refresher training are included under the costs for changing the 
definition of ``miner'' to include all supervisors who previously had 
been exempt from part 48. The final rule increases the hours associated 
with this recordkeeping burden.
    The current MSHA-approved training form (5000-23) is constructed 
for ease in keeping a record of the miners' and supervisors' various 
training courses. MSHA anticipates that the keeping of this record for 
supervisors requires only the supervisor's name, the date of the 
training, and checks in the appropriate boxes to indicate the types of 
training taken. The burden hours for this change

[[Page 53757]]

in the final rule are those associated with the actual time spent in 
filling out the training form. MSHA estimates that this recordkeeping 
will take about 3 minutes (0.05 hours) each for about 5,900 coal 
supervisors annually. This burden will be about 300 hours at an 
associated cost of about $12,700. This final rule will not impose 
additional burden hours for the instructor because the supervisor can 
attend training with other miners.
Requirements for ``Experienced Miner'' Status
    This final rule changes the requirements for obtaining experienced 
miner status for training purposes. It removes the lapse in 
``experienced miner'' status currently required when a miner has been 
away from mining for over 3 years. There is no additional paperwork 
associated with this change.
Training Plan Revisions
    This final rule will require mine operators to modify their 
training plans. Training Plan revisions are approved under OMB Control 
Number 1219-0009. MSHA estimates that the burden hours for this 
recordkeeping will not change because the Agency intends to distribute 
a training plan addendum which operators can use to modify their 
training plans without having to submit the change to MSHA for 
approval.
Development of Training Course
    The development of training courses is considered an information 
collection burden under PRA 95. The final rule adds four courses to 
experienced miner training. Three of these four courses are currently 
included in ``new miner'' training and need only slight modification to 
tailor them to the needs of experienced miners. Based on past 
experience, MSHA expects that these courses will be developed or 
modified by management or supervisory personnel. The total estimated 
one-time, initial information collection burden, for the development of 
a new course and modifying the existing courses, is about 24,000 hours 
with an associated cost of about $918,200. Further, the Agency 
estimates that any subsequent revisions to the courses would impose 
only a negligible burden.
Additional Instructor Time
    MSHA estimates that the four additional required courses will 
increase the time spent on experienced miner training by an average of 
2 additional hours. MSHA estimates that the additional burden hours for 
training conducted by 8,850 instructors will be about 17,700 hours at 
an associated cost of $688,100. MSHA estimates that the incremental 
expense for supplies and course materials are negligible.
Significant Changes in the Mine Affecting Safety and Health
    The final rule requires operators to provide instruction about any 
significant changes in the mine environment that have occurred while 
the miner was away that could affect the miner's safety or health. For 
the purpose of this analysis, MSHA estimates that about 32,660 miners 
who return to work following an absence of 12 months or less, will need 
such instruction. MSHA estimates further that this instruction will 
take about 5-6 minutes (0.1 hour) and it will be provided orally by the 
miner's supervisor. MSHA estimates that this new provision will impose 
an additional burden on mine operators of about 6500 hours at an 
associated cost of about $251,800.
    MSHA did not include burden estimates for supervisors instructing 
groups of miners returning after a change of shift, a holiday, or a 
weekend. MSHA considers that the supervisor's instruction of miners at 
the beginning of a new workshift is a normal business practice.
Summary of Information Collection Burden
    The following chart summarizes MSHA's estimates for compliance with 
PRA 95.

----------------------------------------------------------------------------------------------------------------
                                                                                    Average No.
            Provision                   No.        Average hours    Average No.    responses per    Total hours
                                    respondents    per response      responses      respondent
----------------------------------------------------------------------------------------------------------------
                                            Annually Recurring Burden
----------------------------------------------------------------------------------------------------------------
Secs.  48.2/22(a)...............           2,699            0.05           5,901            2.19             295
Secs.  48.5/25(d), 48.6/26(b)...          20,646            1.09          16,205            0.78          17,693
Secs.  48.6/26(e)...............          20,646            0.10          65,329            3.16           6,533
                                                                                                 ---------------
    Total.......................          20,646            0.28          87,435            4.23          24,521
----------------------------------------------------------------------------------------------------------------
                                             One-Time Initial Burden
----------------------------------------------------------------------------------------------------------------
Secs.  48.6/26(b)...............          20,646            1.16          20,646            1             23,981
----------------------------------------------------------------------------------------------------------------
*Discrepancies due to rounding.

    Submit written comments on the information collection burden by 
December 7, 1998 to the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Attention: Desk Officer for 
MSHA, 725 17th Street NW., Room 10235, Washington, DC 20503.

V. Executive Order 12866 and Regulatory Flexibility Act

    Executive Order (E.O.) 12866 requires that regulatory agencies 
assess both the costs and benefits of intended regulations. MSHA has 
determined that this rulemaking is not a significant regulatory action.
    The Regulatory Flexibility Act (RFA) requires regulatory agencies 
to consider a rule's impact on small entities. Under the RFA, MSHA must 
use the Small Business Administration's (SBA) definition for a small 
mine of 500 or fewer employees or, after consultation with the SBA 
Office of Advocacy, establish an alternative definition for the mining 
industry by publishing that definition in the Federal Register for 
notice and comment. MSHA traditionally has considered small mines to be 
those with fewer than 20 employees. For the purposes of the RFA, MSHA 
has analyzed the impact of the final rule both on mines with 500 or 
fewer employees and on those with fewer than 20 employees. MSHA has 
determined that this final rule will not impose a substantial cost 
increase on small mines, whether a small mine is defined as fewer than 
20 miners or fewer than 500 miners.
    MSHA has prepared a Regulatory Economic Analysis (REA) and 
Regulatory Flexibility Certification Statement to fulfill the 
requirements of E.O. 12866 and the Regulatory Flexibility Act. This REA 
is available

[[Page 53758]]

from the Agency upon request and is posted on MSHA's Homepage at 
www.msha.gov.

Regulatory Flexibility Certification Statement

    Based on its analysis of costs and benefits, MSHA certifies that 
this final rule will not impose a significant economic impact on a 
substantial number of small entities.

Factual Basis for Certification

    MSHA used a quantitative approach in concluding that the final rule 
does not have a significant economic impact on a substantial number of 
small entities. This final rule will change the definition of a miner 
to include State-certified supervisors, change the definition of 
experienced miner to reflect a miner's past experience, and strengthen 
training requirements for experienced miners.
Compliance Costs
    The incremental compliance costs of this rule include (1) the 
annually recurring costs for training previously exempted State-
certified supervisors and the added training for experienced miners, 
and (2) the one-time cost for modifying existing courses and developing 
a new course for experienced miner training. MSHA estimates that the 
total initial cost will be $3.5 million. This includes an annually 
recurring cost of about $2.6 million and a one-time cost of about $0.9 
million. MSHA has determined that this final rule will not have a 
significant economic impact on prices, production, or employment.
    In its estimates, MSHA used a wage rate, including non-wage 
benefits, of $43 per hour for coal supervisors and $36 per hour for 
metal/nonmetal supervisors. MSHA used preliminary 1997 Agency data to 
determine the number of mines and miners. These estimates include 
contractors and contractor employees subject to the training 
requirements. MSHA developed the distribution of supervisors as a 
percentage of employment based on this Agency data.
Cost Impact on Small Entities
    Using the Agency's traditional definition of a small mine, i.e., 
one employing fewer than 20 miners, MSHA estimates that the initial 
cost of this final rule will be about $1.88 million, which includes an 
annually recurring cost of $1.22 million and a one-time cost of $0.66 
million. Using MSHA's traditional definition of a small entity, small 
operators have an estimated revenue of about $16.4 billion based on 
1997 data. The cost impact on this industry segment is about 0.01% of 
revenue.
    MSHA estimates that the initial cost of the final rule for small 
mines, using SBA's definition of 500 or fewer employees, will be about 
$3.44 million, which includes an annually recurring cost of $2.52 
million and a one-time cost of $0.92 million. Using SBA's definition of 
a small entity, small operators have an estimated revenue of about 
$54.7 billion based on 1997 data. The cost impact on this industry 
segment is less than 0.01% of revenue.
    The estimated contribution of the mining industry to the gross 
domestic product is about $58 billion of which the estimated cost of 
the final rule is less than 0.01%. When estimated compliance costs are 
so small in relation to estimated revenues, the Agency believes that it 
is generally appropriate to conclude that there is no significant 
impact on a substantial number of small entities. MSHA believes that 
this analysis provides a reasonable basis for the certification in this 
case.
    The Agency will provide a copy of this final rule and regulatory 
flexibility certification statement to the SBA Office of Advocacy. In 
addition, MSHA will mail a copy of the final rule, including the 
preamble and regulatory flexibility certification statement, to all 
affected mines and miners' representatives.
Benefits
    The RFA requires that, when developing regulations with major 
economic impacts, agencies evaluate and include, wherever possible, 
compliance alternatives that minimize any adverse impact on small 
entities. This final rule benefits both small and large mining 
operators and contractors by providing compliance flexibility, where 
appropriate, which allows the operator or contractor to be more 
responsive to the needs of miners. Thus, it enhances safety and health.
    This final rule removes the exemption of State-certified 
supervisors from the definition of ``miner'' for purposes of part 48 
training. This change affects supervisors in coal mines. From 1990 
through 1997, 50 coal supervisors (12.9% of all coal fatalities) were 
killed. Of these, 35 occurred underground. Had the percentage of 
fatalities been the same for coal supervisors as for non-supervisory 
coal miners, MSHA projects that 43 coal supervisors (23 of which are 
underground coal supervisors), rather than 50, would have died during 
this time period. The average of these higher than expected fatalities 
is about 0.9 fatalities per year. The higher than expected number of 
fatalities is 1.5 per year for underground coal mine supervisors. Based 
on the greater impact on underground coal supervisors, MSHA estimates 
that the training required by this rule will help reduce excess 
supervisory fatalities by about 0.5 fatalities per year, which is 
slightly more than 50%.
    Similarly, the percentage of fatalities between 1990 and 1997 for 
miners who had more than 1 year of total mining experience, but less 
than 1 year at the mine where the fatality occurred, is greater than 
the percentage of fatalities for all other miners. During that time 
period, these newly-employed experienced miners (NEEMs) incurred 174, 
or 22%, of the 793 fatalities, even though NEEMs constitute only about 
5.3% of the miner population. Had the percentage of fatalities been the 
same for NEEMs as the percentage of fatalities for other miners, 
including new miners and supervisors, MSHA projects that 34 NEEMs, 
rather than 174, would have died during this time period. The average 
of the 140 higher than expected fatalities is about 17.5 per year.
    In its Preliminary Regulatory Impact Analysis and Regulatory 
Flexibility Analysis: Proposed Rule on Part 48 Training (PRIA), August 
1991, MSHA had estimated that implementation of the proposed rule would 
have reduced NEEM fatalities by 20%. The PRIA states:

    In evaluating the potential effectiveness of these proposed 
additional training requirements * * *, MSHA relied upon its 
experience in observing the effectiveness of training programs and 
upon a qualitative review of the possible effects on injury rates of 
the experience and seniority factors. On that basis, therefore, MSHA 
estimates that about 20 percent of the excess fatalities occurring 
to newly-employed experienced miners, or about four fatalities per 
year, could be prevented by compliance with the proposed 
requirements * * *. (Pages III-20 and III-21)

    A commenter stated that attributing a lack of part 48 training to 
the higher than expected fatality rate among underground coal 
supervisors or NEEMs is ``too simplistic.'' This commenter contends 
that most mines already provide supervisors with some or all of the 
required part 48 training. Commenters submitted alternative 
explanations as to why supervisors and NEEMs have a fatality rate 
higher than other categories of miners. One commenter stated that many 
supervisors often do not use the best judgment in every situation; 
neither do they use necessary safety equipment in all cases. Further 
this commenter stated that the higher fatality rate for NEEMs was due, 
in part, to the fact that some miners

[[Page 53759]]

were using techniques learned from previous mining experience which 
might not be appropriate to handle a different mining condition or 
situation.
    In both the PRIA and this REA, MSHA estimates that about 20% of the 
supervisors at small underground coal mines, 40% of the supervisors at 
large underground coal mines, and 75% of the supervisors at surface 
coal mines receive or conduct part 48 annual refresher training. All 
supervisors at M/NM mines are required to receive part 48 training. 
Furthermore, in the PRIA, the Agency acknowledged that training, in and 
of itself, does not prevent accidents. The Agency contends, however, 
that training contributes to a reduction in accidents, injuries, 
illnesses, and fatalities by fostering safe work practices, increasing 
job skills, and enhancing hazard awareness and prevention. The PRIA 
stated that compliance with the revised part 48 rule would help prevent 
about 50% of the excess supervisory fatalities and 20% of the excess 
NEEM fatalities.
    In the absence of any comments or data to refute this estimate, 
MSHA estimates that compliance with this final rule will help reduce 
the greater than expected number of supervisory and NEEM fatalities by 
four fatalities per year (0.5 supervisor and 3.5 NEEM fatalities). MSHA 
contends that effective training, tailored to the needs of individual 
miners and supervisors, together with reinforcement of management's 
policies, procedures, and work practices affecting miners' safety and 
health, can have a substantial impact on eliminating the unsafe 
behaviors and work practices described by commenters.

VI. Executive Order 12875 and the Unfunded Mandates Reform Act

    Executive Order (E.O.) 12875, Enhancing the Intergovernmental 
Partnership, requires executive agencies and departments to reduce 
unfunded mandates on State, local, and tribal governments; to consult 
with these governments prior to promulgation of any unfunded mandate; 
and to develop a process that permits meaningful and timely input by 
State, local, and tribal governments in the development of regulatory 
proposals containing a significant unfunded mandate. E.O. 12875 also 
requires executive agencies and departments to increase flexibility for 
State, local, and tribal governments to obtain a waiver from Federal 
statutory or regulatory requirements.
    The final rule will impact about 212 sand and gravel or crushed 
stone operations that are run by State, local, or tribal governments 
for the construction and repair of highways and roads. MSHA offered 
these governments an opportunity to provide meaningful and timely 
input, at the proposed rule stage, through the promulgation of the 
proposal for notice and comment. MSHA also mailed a copy of the 
proposed rule to each mine owned or operated by a State, local, or 
tribal government. No state or local government commented or requested 
a waiver of regulatory requirements. MSHA will mail a copy of this 
final rule to these 212 entities.
    The Unfunded Mandates Reform Act was enacted in 1995. While much of 
the Act is designed to assist the Congress in determining whether its 
actions will impose costly new mandates on State, local, and tribal 
governments, the Act also includes requirements to assist Federal 
agencies to make this same determination with respect to regulatory 
actions.
    MSHA has determined that, for purposes of Sec. 202 of the Unfunded 
Mandates Reform Act of 1995, this final rule does not include any 
Federal mandate that may result in increased expenditures by State, 
local, or tribal governments in the aggregate of more than $100 
million, or increased expenditures by the private sector of more than 
$100 million. Moreover, the Agency has determined that for purposes of 
Sec. 203 of that Act, this final rule does not significantly or 
uniquely affect these entities.

VII. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks

    In accordance with E.O. 13045, MSHA has evaluated the environmental 
health and safety effects of the rule on children. The Agency has 
determined that the final rule will have no effect on children.

VIII. Executive Order 13084 (Consultation and Coordination with 
Indian Tribal Governments)

    MSHA certifies that the final rule does not impose substantial 
direct compliance costs on Indian tribal governments.
    Further, MSHA provided the public, including Indian tribal 
governments which operated mines, the opportunity to comment during the 
proposed rule's comment period. No Indian tribal government applied for 
a waiver or commented on the proposal.

List of Subjects

30 CFR Part 48

    Mine safety and health, Reporting and recordkeeping requirements, 
Training programs.

30 CFR Part 75

    Coal mines, Mine safety and health, Training programs, Underground 
mining.

30 CFR Part 77

    Coal mines, Mine safety and health, Surface mining, Training 
programs.

    Dated: September 29, 1998.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    Accordingly, for the reasons set out in the preamble, 30 CFR, 
chapter 1, is amended as set forth below.

PART 48--[AMENDED]

    1. The authority citation for part 48 is revised to read as 
follows:

    Authority: 30 U.S.C. 811, 825.

    2. Remove the words ``training of newly employed experienced 
miners'' and add, in their place, the words ``experienced miner 
training'' in the following places:
    a. Sec. 48.2(a)(1) introductory text
    b. Sec. 48.22(a)(1) introductory text
    3. Remove the words ``training newly employed experienced miners'' 
and add, in their place, the words ``training experienced miners'' in 
the following places:
    a. Sec. 48.3(a) introductory text
    b. Sec. 48.23(a) introductory text
    4. Section 48.2 is amended by removing paragraph (a)(1)(ii), 
redesignating paragraph (a)(1)(iii) as paragraph (a)(1)(ii), and 
revising paragraphs (a)(2) and (b) to read as follows:


Sec. 48.2  Definitions.

    For the purposes of this subpart A--
    (a) * * *
    (2) Miner means, for purposes of Sec. 48.11 (Hazard training) of 
this subpart A, any person working in an underground mine, including 
any delivery, office, or scientific worker or occasional, short-term 
maintenance or service worker contracted by the operator, and any 
student engaged in academic projects involving his or her extended 
presence at the mine. This definition excludes persons covered under 
paragraph (a)(1) of this section and subpart C of this part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
underground miners or training acceptable to MSHA from a State agency 
and who has had at least 12 months of underground mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is

[[Page 53760]]

employed as an underground supervisor on October 6, 1998; or
    (3) An experienced underground miner on February 3, 1999.
* * * * *
    5. Section 48.5 is amended by revising paragraph (d) to read as 
follows.


Sec. 48.5  Training of new miners; minimum courses of instruction; 
hours of instruction.

* * * * *
    (d) A newly employed miner who has less than 12 months of mining 
experience and has received the courses and hours of instruction in 
paragraphs (a) and (b) of this section, within 36 months preceding 
employment at a mine, does not have to repeat this training. Before the 
miner starts work, the operator must provide the miner with the 
experienced miner training in Sec. 48.6(b) of this part and, if 
applicable, the new task training in Sec. 48.7 of this part. The 
operator must also provide the miner with annual refresher training and 
additional new task training, as applicable.
    6. Section 48.6 is amended by revising the heading, paragraph (a), 
the introductory text of paragraph (b), and paragraph (b)(7); by 
redesignating paragraph (b)(8) as paragraph (b)(12), and paragraph 
(b)(9) as paragraph (b)(13); and by adding new paragraphs (b)(8), 
(b)(9), (b)(10), (b)(11), (c), (d), and (e) to read as follows:


Sec. 48.6  Experienced miner training.

    (a) Except as provided in paragraph (e), this section applies to 
experienced miners who are--
    (1) Newly employed by the operator;
    (2) Transferred to the mine;
    (3) Experienced underground miners transferred from surface to 
underground; or
    (4) Returning to the mine after an absence of more than 12 months.
    (b) Experienced miners must complete the training prescribed in 
this section before beginning work duties. Each experienced miner 
returning to mining following an absence of 5 years or more, must 
receive at least 8 hours of training. The training must include the 
following instruction:
* * * * *
    (7) Hazard recognition. The course must include the recognition and 
avoidance of hazards present in the mine.
    (8) Prevention of accidents. The course must include a review of 
the general causes of accidents applicable to the mine environment, 
causes of specific accidents at the mine, and instruction in accident 
prevention in the work environment.
    (9) Emergency medical procedures. The course must include 
instruction on the mine's emergency medical arrangements and the 
location of the mine's first aid equipment and supplies.
    (10) Health. The course must include instruction on the purpose of 
taking dust, noise, and other health measurements, where applicable; 
must review the health provisions of the Act; and must explain warning 
labels and any health control plan in effect at the mine.
    (11) Health and safety aspects of the tasks to which the 
experienced miner is assigned. The course must include instruction in 
the health and safety aspects of the tasks assigned and the safe work 
procedures of such tasks. Experienced miners who must complete new task 
training under Sec. 48.7 of this part do not need to take training 
under this paragraph.
* * * * *
    (c) The operator may include instruction on additional safety and 
health subjects based on circumstances and conditions at the mine.
    (d) The training time spent on individual subjects must vary 
depending upon the training needs of the miners.
    (e) Any miner returning to the same mine, following an absence of 
12 months or less, must receive training on any major changes to the 
mine environment that have occurred during the miner's absence and that 
could adversely affect the miner's health or safety.
    (1) A person designated by the operator who is knowledgeable of 
these changes must conduct the training in this paragraph. An MSHA 
approved instructor is not required to conduct the training outlined in 
this paragraph.
    (2) No record of this training is required.
    (3) The miner must also complete annual refresher training as 
required in Sec. 48.8, if the miner missed taking that training during 
the absence.
    7. Section 48.8 is amended by revising paragraph (c) to read as 
follows:


Sec. 48.8  Annual refresher training of miners; minimum courses of 
instruction; hours of instruction.

* * * * *
    (c) All coal supervisors who are subject to Sec. 75.161(a) of this 
chapter must receive annual refresher training required by this section 
within 12 months of October, 1998.
* * * * *
    8. Section 48.22 is amended by removing paragraph (a)(1)(ii), 
redesignating paragraph (a)(1)(iii) as paragraph (a)(1)(ii), and 
revising paragraphs (a)(2) and (b) to read as follows:


Sec. 48.22  Definitions.

    For the purposes of this subpart B--
    (a) * * *
    (2) Miner means, for purposes of Sec. 48.31 (Hazard training) of 
this subpart B, any person working in a surface mine, including any 
delivery, office, or scientific worker or occasional, short-term 
maintenance or service worker contracted by the operator, and any 
student engaged in academic projects involving his or her extended 
presence at the mine. This definition excludes persons covered under 
paragraph (a)(1) of this section and subpart C of this part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
surface miners or training acceptable to MSHA from a State agency and 
who has had at least 12 months of surface mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as a surface supervisor on 
October 6, 1998; or
    (3) An experienced surface miner on February 3, 1999.
* * * * *
    9. Section 48.25 is amended by revising paragraph (d) to read as 
follows.


Sec. 48.25  Training of new miners; minimum courses of instruction; 
hours of instruction.

* * * * *
    (d) A newly employed miner who has less than 12 months of mining 
experience and has received the courses and hours of instruction in 
paragraphs (a) and (b) of this section, within 36 months preceding 
employment at a mine, does not have to repeat this training. Before the 
miner starts work, the operator must provide the miner with the 
experienced miner training in Sec. 48.26(b) of this part and, if 
applicable, the new task training in Sec. 48.27 of this part. The 
operator must also provide the miner with annual refresher training and 
additional new task training, as applicable.
    10. Section 48.26 is amended by revising the heading, paragraph 
(a), the introductory text of paragraph (b), paragraph (b)(5), and 
paragraph (b)(7); by redesignating paragraph (b)(8) as paragraph 
(b)(12); and by adding new paragraphs (b)(8), (b)(9), (b)(10), (b)(11), 
(c), (d), and (e) to read as follows:


Sec. 48.26  Experienced miner training.

    (a) Except as provided in paragraph (e), this section applies to 
experienced miners who are--

[[Page 53761]]

    (1) Newly employed by the operator;
    (2) Transferred to the mine;
    (3) Experienced surface miners transferred from underground to 
surface; or
    (4) Returning to the mine after an absence of more than 12 months.
    (b) Experienced miners must complete the training prescribed in 
this section before beginning work duties. Each experienced miner 
returning to mining following an absence of 5 years or more, must 
receive at least 8 hours of training. The training must include the 
following instruction:
* * * * *
    (5) Escape and emergency evacuation plans; firewarning and 
firefighting. The course must include a review of the mine escape 
system and the escape and emergency evacuation plans in effect at the 
mine, and instruction in the firewarning signals and firefighting 
procedures in effect at the mine.
* * * * *
    (7) Hazard recognition. The course must include the recognition and 
avoidance of hazards present in the mine.
    (8) Prevention of accidents. The course must include a review of 
the general causes of accidents applicable to the mine environment, 
causes of specific accidents at the mine, and instruction in accident 
prevention in the work environment.
    (9) Emergency medical procedures. The course must include 
instruction on the mine's emergency medical arrangements and the 
location of the mine's first aid equipment and supplies.
    (10) Health. The course must include instruction on the purpose of 
taking dust, noise, and other health measurements, where applicable; 
must review the health provisions of the Act; and must explain warning 
labels and any health control plan in effect at the mine.
    (11) Health and safety aspects of the tasks to which the 
experienced miner is assigned. The course must include instruction in 
the health and safety aspects of the tasks assigned and the safe work 
procedures of such tasks. Experienced miners who must complete new task 
training under Sec. 48.27 of this part do not need to take training 
under this paragraph.
* * * * *
    (c) The operator may include instruction in additional safety and 
health subjects based on circumstances and conditions at the mine.
    (d) The training time spent on individual subjects must vary 
depending upon the training needs of the miners.
    (e) Any miner returning to the same mine, following an absence of 
12 months or less, must receive training on any major changes to the 
mine environment that have occurred during the miner's absence and that 
could adversely affect the miner's health or safety.
    (1) A person designated by the operator who is knowledgeable of 
these changes must conduct the training in this paragraph. An MSHA 
approved instructor is not required to conduct the training outlined in 
this paragraph.
    (2) No record of this training is required.
    (3) The miner must complete annual refresher training as required 
in Sec. 48.28, if the miner missed taking that training during the 
absence.
    11. Section 48.28 is amended by revising paragraph (c) to read as 
follows:


Sec. 48.28  Annual refresher training of miners; minimum courses of 
instruction; hours of instruction.

* * * * *
    (c) All coal supervisors who are subject to Sec. 77.107-1 of this 
chapter must receive annual refresher training required by this section 
within 12 months of October, 1998.
* * * * *

PART 75--[AMENDED]

    12. The authority citation for part 75 continues to read as 
follows:

    Authority: 30 U.S.C. 811.

    13. Section 75.161 is revised to read as follows:


Sec. 75.161  Plans for training programs.

    Each operator must submit to the district manager, of the Coal Mine 
Safety and Health District in which the mine is located, a program or 
plan setting forth what, when, how, and where the operator will train 
and retrain persons whose work assignments require that they be 
certified or qualified. The program must provide--
    (a) For certified persons, annual training courses in first aid, 
principles of mine rescue, and the provisions of this part 75; and
    (b) For qualified persons, annual courses in performance of the 
task which they perform as qualified persons.

PART 77--[AMENDED]

    14. The authority citation for part 77 continues to read as 
follows:

    Authority: 30 U.S.C. 811, 957, 961.

    15. Section 77.107-1 is revised to read as follows:


Sec. 77.107-1  Plans for training programs.

    Each operator must submit to the district manager, of the Coal Mine 
Safety and Health District in which the mine is located, a program or 
plan setting forth what, when, how, and where the operator will train 
and retrain persons whose work assignments require that they be 
certified or qualified. The program must provide--
    (a) For certified persons, annual training courses in the tasks and 
duties which they perform as certified persons, first aid, and the 
provisions of this part 77; and
    (b) For qualified persons, annual courses in performance of the 
tasks which they perform as qualified persons.


Sec. 77.1709  [Removed]

    16. Section 77.1709 is removed.

[FR Doc. 98-26598 Filed 10-5-98; 8:45 am]
BILLING CODE 4510-43-P