1. What is the difference between MSHA Requirements Part 46 and Part 48?
Part 46 applies to the following types of mines: sand, gravel, surface stone, surface clay, surface limestone, colloidal phosphate, or shell dredging operations. Other mines included are: surface marble, granite, sandstone, slate, shale, trap-rock, kaolin, cement, feldspar, or lime operations. Part 48 applies to all underground mines and all other surface mines that are not included in Part 46.
2. I am new to the mining industry. What training do I need to complete to get started?
If you have never previously had MSHA New Miner training before, you will need to take New Miner Training (NMT). The type of operation you will work at will determine if you need the 24 hour NMT or 40 hour NMT.
- For Part 46 - 24 Hour New Miner: Training provides 24 hours of introductory training including New Miner topics and First Aid awareness. Training prepares individuals to work at an above ground-ground sand, gravel, surface stone, surface clay, surface limestone, colloidal phosphate, shell dredging operations, surface marble, granite, sandstone, slate, shale, trap-rock, kaolin, cement, feldspar, or lime operations.
- For Part 48, Subpart A - 40 Hour New Miner: Training provides 32 hours of introductory training to prepare individuals to work at an underground mine operation. Topics include introductory New Miner, 8 hours of onsite underground training and a First Aid/CPR certification.
- For Part 48, Subpart B – 24 Hour New Miner: Training provides 24 hours of introductory training including New Miner topics and First Aid. Training prepares individuals to work at surface mining operations not covered by Part 46 (coal, copper, etc.) and the surface areas of underground mines.
3. I received New Miner Training a few years ago and would now like to return to the mining industry. Do I need to re-take this training?
A person who has had New Miner Training and has 12 months of cumulative mining experience does not have to retake the New Miner Training. If the person has less than 12 months cumulative mining experience, they have to retake the New Miner Training regardless of how much time has passed. From 30 CFR 46.2 - An “experienced miner”: Has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000; or is employed as a miner on or after October 2, 2000 who has completed 24 hours of new miner training under § 46.5 of this part or under § 48.25 of this title and who has at least 12 cumulative months of surface mining or equivalent experience.
4. I need to perform construction/contractor services at a mine. Do I need MSHA training?
Yes, anyone who is expecting to work at a mine, exposed to mine site hazards, regardless of the type of work performed, is required to receive MSHA New Miner Training.
Also, the answer is yes for construction and contractors that will be working on the mine site for more than 5 consecutive days or they have a pattern of frequently working at mine sites. This is true for both Part 46 and Part 48. Both Part 46 and Part 48 also provide exemptions from the New Miner Training and Annual Refresher Training requirements for the following groups:
- Office or staff personnel;
- Scientific workers;
- Delivery workers;
- Customers, including commercial over-the-road truck drivers;
- Vendors or visitors.
IT Professionals who work in the office environments and are not exposed to the mining operation hazards would be considered office staff and would not be required to complete the New Miner Training. The same would be true of janitors and housekeepers.
5. Where can I obtain MSHA annual refresher training?
ClickSafety offers three courses which help meet Part 46 training requirements:
- Course 1: MSHA Part 46 4-Hour New Miner Training, Part 1 (Site Entry)
- Course 2: MSHA Part 46 4-Hour New Miner Training, Part 2 (General Safety and Health)
- Course 3: MSHA Part 46 8-Hour Annual Mine Safety and Health Refresher Training 2018
6. Does ClickSafety provide me with a Part 46 training certificate? Is ClickSafety’s MSHA certificate a 5000-23 form?
Yes, ClickSafety provides an MSHA compliant Part 46 training certificate at the end of the course. The mine operator or contractor must complete the certificate with the name of the mine operator or contractor, MSHA ID number, mine or contractor specific information entered in the blank spaces provided with name of competent person(s), time, date of training, etc. and be dated and signed by the person responsible for training for the mine operator or contractor.
A MSHA does not require a 5000-23 form for training documentation. Per 30 CFR 46.9, one may use either an MSHA Form 5000-23 OR a form containing the information listed in paragraph (b) of 30 CFR 46.9. ClickSafety’s certificate (which a student receives upon successfully completing a course) is based on the guidelines provided in paragraph (b) of 30 CFR 46.9:
30 CFR 46.9 - Records of training.
- 46.9 Records of training.
(a) You must record and certify on MSHA Form 5000-23, or on a form that contains the information listed in paragraph (b) of this section, that each miner has received training required under this part.
(b) The form must include:
(1) The printed full name of the person trained;
(2) The type of training, the duration of the training, the date the training was received, the name of the competent person who provided the training:
(3) The name of the mine or independent contractor, MSHA mine identification number or independent contractor identification number, and location of training (if an institution, the name and address of the institution).
(4) The statement, “False certification is punishable under § 110(a) and (f) of the Federal Mine Safety and Health Act,” printed in bold letters and in a conspicuous manner; and
(5) A statement signed by the person designated in the MSHA-approved training plan for the mine as responsible for health and safety training, that states “I certify that the above training has been completed.”
- For (b)(1), ClickSafety’s certificate form has space for the full name of the person trained.
- For (b)(2), ClickSafety’s certificate form states the type of training (New Miner or Annual Refresher, the date the training was received, the duration of the training and the name of the competent person(s) who provided the training.
- For (b)(3), ClickSafety’s certificate form has space for the MSHA Mine ID number or the Contractor ID number and space for the location of training.
7. Where can I request a MSHA Mine ID?
Mine identification numbers may be requested by completing online Form 7000-51 or by contacting your local district office. Visit MSHA’s website to file online. Click on “file online” to apply for your ID. Please note that all mine operations are required to apply for a MSHA mine identification number. An MSHA ID is required for each mine site and must be issued before any operations begin.
8. Where can I request a MSHA Contractor ID?
Contractor identification numbers can be requested online by completing the Form 7000-52. Visit MSHA’s website to file online. Click on “7000-52” to start the Contractor ID for a contractor. Please note that you cannot file for a training plan without a contractor ID.
A training plan must address all the elements of training that miners must receive. This includes new miner training, newly-hired experienced miner training, annual refresher training, new task training, and site-specific hazard awareness training for those persons coming onto your site. The plan must also include the following:
9. What do the regulations require in an approved training plan?
- The name of your operation, and the mine ID number or independent contractor ID number (if the contractor has an ID number);
- The name of the person and position of the person who is responsible for the health and safety training at the mine;
- A general description of the teaching methods and course materials that will be used in each training program, including the subjects and the approximate time to be spent on each subject;
- A list of the persons and/or organizations who will be providing the training and the subjects that they can teach; and
- The evaluation procedures used to determine the effectiveness of training.
10. What is a PIB? PIL? PPL? Where can I find copies?
PIB: Program Information Bulletin. Information bulletins provide information of a temporary nature; they do not provide policy or procedural instructions. Information bulletins do not have an effective date or an expiration date; a bulletin is intended to be kept as long as each recipient needs it. When it is no longer needed, it may be destroyed.
PIL and PPL: Procedure Instruction Letter and Program Policy Letter. Policy letters state agency policy, meaning an interpretation or clarification of a regulation. Policy letters are temporary supplements to the Program Policy Manual (PPM).
PILs and PPLs are intended for the mining community as well as MSHA enforcement personnel and, therefore, are distributed to both groups.
Copies of PIBs, PILs, PPLs and PPM are located on the MSHA Compliance Information page.