Notice2024-26113
Proposed Extension of Information Collection; Training Plans, New Miner Training, Newly-Hired Experienced Miner Training
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 12, 2024
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre- clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information, in accordance with the Paperwork Reduction Act of 1995. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection entitled Training Plans, New Miner Training, Newly-hired Experienced Miner Training.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 218 (Tuesday, November 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 89045-89049]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26113]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0131]
Proposed Extension of Information Collection; Training Plans, New
Miner Training, Newly-Hired Experienced Miner Training
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the general public and
Federal agencies with an opportunity to comment on proposed collections
of information, in accordance with the Paperwork Reduction Act of 1995.
This program helps to ensure that requested data can be provided in the
desired format, reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and
[[Page 89046]]
the impact of collection requirements on respondents can be properly
assessed. The Mine Safety and Health Administration (MSHA) is
soliciting comments on the information collection entitled Training
Plans, New Miner Training, Newly-hired Experienced Miner Training.
DATES: All comments must be received on or before January 13, 2025.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that late comments received after the deadline will not be
considered.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the on-line instructions for submitting comments for docket
number MSHA-2024-0035.
<bullet> Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment.
<bullet> MSHA will post all comments as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of
Standards, Regulations, and Variances, MSHA, at MSHA.information
.<a href="/cdn-cgi/l/email-protection#d6b5b9babab3b5a2bfb9b8a596b2b9baf8b1b9a0"><span class="__cf_email__" data-cfemail="d4b7bbb8b8b1b7a0bdbbbaa794b0bbb8fab3bba2">[email protected]</span></a> (email); (202) 693-9440 (voice); or (202) 693-9441
(facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
Section 103(h) of the Federal Mine Safety and Health Act of 1977 as
amended (Mine Act), 30 U.S.C. 813(h), authorizes the Mine Safety and
Health Administration (MSHA) to collect information necessary to carry
out its duty in protecting the safety and health of miners. Further,
section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the
Secretary of Labor (Secretary) to develop, promulgate, and revise, as
may be appropriate, improved mandatory health or safety standards for
the protection of life and prevention of injuries in coal, metal and
nonmetal mines.
Section 2 of the Mine Act, 30 U.S.C. 801, recognizes that education
and training is an important element of federal efforts to make the
nation's mines safe. These provisions are intended to ensure that
miners will be effectively trained in matters affecting their health
and safety, with the ultimate goal of reducing the occurrence of injury
and illness in the nation's mines.
B. Information Collection
In order to fulfill the statutory mandates to promote miners'
health and safety, MSHA requires the collection of information under
the information collection request entitled Training Plans, New Miner
Training, Newly-Hired Experienced Miner Training. The information
collection is intended to ensure that mine operators possess
appropriate training plans and maintain records of the mandatory
requirements for training and retraining miners and other persons at
shell dredging, sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mines.
1. Training Plans
Mine operators are required to develop and implement a written
training plan for approval by MSHA, that contains effective programs
for: training new miners and newly hired experienced miners, training
miners for new tasks, annual refresher training, and site-specific
hazard awareness training. Miners are better protected when receiving
timely and complete training described in the operators' written
training plan.
Under 30 CFR 46.2(l), operators can be either a production-operator
or an independent contractor whose employees perform services at a
mine. A production-operator is defined as any owner, lessee, or other
person who operates, controls, or supervises a mine (30 CFR 46.2(m)),
and an independent contractor is any entity that contracts to perform
services at a mine(30 CFR 46.2(e)).
Under 30 CFR 46.2(g), a miner is defined as any person, including
any operator or supervisor, who works at a mine and is engaged in
mining operations. This definition includes independent contractors and
employees of independent contractors who are engaged in mining
operations; and any construction worker who is exposed to hazards of
mining operations. The definition of ``miner'' does not include
scientific workers; delivery workers; customers (including commercial
over-the-road truck drivers); vendors; or visitors. This definition
also does not include maintenance or service workers who do not work at
a mine site for frequent or extended periods. Following are information
collection requirements at each step of the development of a training
plan.
1-1. Develop Training Plans
Under 30 CFR 46.3(a), the operator must develop and implement a
written plan, approved by MSHA, that contains effective programs for
training new miners and newly hired experienced miners, training miners
for new tasks, annual refresher training, and site-specific hazard
awareness training.
The approval process is described in 30 CFR 46.3(b) through (i).
Under 30 CFR 46.3(b), a training plan is considered approved by MSHA if
it contains, at a minimum, the following information:
(1) The name of the production-operator or independent contractor,
mine name(s), and MSHA mine identification number(s) or independent
contractor identification number(s);
(2) The name and position of the person designated by the operator
who is responsible for the health and safety training at the mine;
(3) A general description of the teaching methods and the course
materials that are to be used in the training program, including the
subject areas to be covered and the approximate time or range of time
to be spent on each subject area;
(4) A list of the persons and/or organizations who will provide the
training, and the subject areas in which each person and/or
organization is competent to instruct; and
(5) The evaluation procedures used to determine the effectiveness
of training.
1-2. Submit Proposed Training Plans to MSHA and Notify Miners or
Miners' Representatives
Under 30 CFR 46.3(c), a plan that does not include the minimum
information specified in 30 CFR 46.3 must be submitted to and approved
by the Regional Manager, Educational Field Services Division, or
designee, for the region in which the mine is located. The operator
also may voluntarily submit a plan for Regional Manager approval. The
operator must notify miners or their representatives when they submit a
plan for Regional Manager approval. Within two weeks of receipt or
posting of the plan, miners and their representatives may also request
review and approval of the plan by the Regional Manager and must notify
the operator of such request.
1-3. Provide Proposed Training Plans to Miners or Miners'
Representatives
Under 30 CFR 46.3(d), the operator must provide the miners'
representative, if any, with a copy of the plan at least 2 weeks before
the plan is implemented or, if they request MSHA approval of the plan,
at least two weeks before they
[[Page 89047]]
submit the plan to the Regional Manager for approval. At mines where no
miners' representative has been designated, the operator must post a
copy of the plan at the mine or provide a copy to each miner at least 2
weeks before they implement the plan or submit it to the Regional
Manager for approval.
1-4. Miners or Miners' Representatives Submit Written Comments on
Training Plans
Under 30 CFR 46.3(e), within 2 weeks following the receipt or
posting of the training plan provided to the miners or their
representatives under 30 CFR 46.3(d), miners or their representatives
may submit written comments on the plan to the operator, or to the
Regional Manager, as appropriate.
1-5. Provide Approved Training Plans to Miners and Miners'
Representatives
Under 30 CFR 46.3(g), the operator must provide the miners'
representative, if any, with a copy of the approved plan within one
week after approval. At mines where no miners' representative has been
designated, the operator must post a copy of the plan at the mine or
provide a copy to each miner within one week after approval.
1-6. Submit Appeals for MSHA Decision
Under 30 CFR 46.3(h), if the operator, miners, or miners'
representatives wish to appeal a decision of the Regional Manager, the
operator must send the appeal, in writing, to the Director for
Educational Policy and Development within 30 calendar days after
notification of the Regional Manager's decision. The Director will
issue a final decision of the Agency within 30 calendar days after
receipt of the appeal.
1-7. Make Training Plans Available for Inspection and Examination
Under 30 CFR 46.3(i), the operator must make available at the mine
a copy of the current training plan for inspection by MSHA and for
examination by miners and their representatives. If the training plan
is not maintained at the mine, the operator must have the capability to
provide the plan within one business day upon request by MSHA, miners,
or their representatives.
2. Training Records
Mine operators are required to conduct the following mandatory
training: training new miners, training newly hired experienced miners,
training miners for new tasks, annual refresher training, and site-
specific hazard awareness training. The operators are required to make
a record of and certify each type of training records. The discussion
below is organized by the type of training records.
2-1. New Miner Training
Section 30 CFR 46.5 sets forth the provisions for the mandatory
requirements for new miners training. Under 30 CFR 46.2(i), new miner
means a person who is beginning employment as a miner with a mine
operator and who is not an experienced miner.
Under 30 CFR 46.5(a), the operator must provide each new miner with
no less than 24 hours of training as prescribed by:
(1) 30 CFR 46.5(b): Training before a new miner begins work at the
mine, such as an introduction to the work environment and instruction
on the recognition and avoidance of electrical hazards and other
hazards present at the mine;
(2) 30 CFR 46.5(c): Training no later than 60 calendar days after a
new miner begins work at the mine, such as an instruction and
demonstration on the use, care, and maintenance of self-rescue and
respiratory devices, if used at the mine and a review of first aid
methods; and
(3) 30 CFR 46.5(d): Training no later than 90 calendar days after a
new miner begins work at the mine on any other subjects that promote
occupational health and safety for miners at the mine.
Miners who have not received the full 24 hours of new miner
training must work where an experienced miner can observe that the new
miner is performing his or her work in a safe and healthful manner.
Under 30 CFR 46.9(c)(1), the operator must make a record for new
miner training, no later than:
(1) when the miner begins work at the mine as required under 30 CF
46.5(b);
(2) 60 calendar days after the miner begins work at the mine as
required under 30 CFR 46.5(c); and
(3) 90 calendar days after the miner begins work at the mine as
required under 30 CFR 46.5(d), if applicable.
Under 30 CFR 46.9(d)(1), the operator must ensure that all records
of training are certified by the person designated in the MSHA-approved
training plan and a copy provided to the miner upon completion of the
24 hours of new miner training.
2-2. Newly Hired Experienced Miner Training
Section 30 CFR 46.6 sets forth the provisions for the mandatory
requirements for newly hired experienced miners training. Under 30 CFR
46.2(j), newly hired experienced miner means an experienced miner who
is beginning employment with a mine operator. Experienced miners are a
person who has completed 24 hours of new miner training and who has at
least 12 cumulative months of surface mining or equivalent experience.
Experienced miners who move from one mine to another, such as drillers
and blasters, but who remain employed by the same operator are not
considered newly hired experienced miners.
Under 30 CFR 46.6(a), the operator must provide each newly hired
experienced miner with trainings as prescribed by paragraphs (b) and
(c) that includes:
(1) 30 CFR 46.6(b): Training before a newly hired experienced miner
begins work at the mine, such as an introduction to the work
environment and instruction on the recognition and avoidance of
electrical hazards and other hazards present at the mine; and
(2) 30 CFR 46.6(c): Training no later than 60 calendar days after a
newly hired experienced miner begins work at the mine, such as an
instruction and demonstration on the use, care, and maintenance of
self-rescue and respiratory devices, if used at the mine.
Under 30 CFR 46.9(c)(2), the operator must make a record for newly
hired experienced miner training, no later than:
(1) when the miner begins work at the mine as required under 30 CFR
46.6(b); and
(2) 60 calendar days after the miner begins work at the mine under
30 CFR 46.6(c).
Under 30 CFR 46.9(d)(2), the operator must ensure that all records
of training are certified by the person designated in the MSHA-approved
training plan and a copy provided to the miner upon completion of newly
hired experienced miner training.
2-3. New Task Training
Section 30 CFR 46.7 sets forth the provisions for the mandatory
requirements for new task training.
New Task Training--Reassigned Tasks
Under 30 CFR 46.7(a), the operator must provide to any miner that
is reassigned to a new task in which he or she has no previous work
experience with training in the health and safety aspects of the task
to be assigned, including the safe work procedures of such task,
information about the physical and health hazards of chemicals in the
miner's work area, the protective measures a miner can take against
these hazards, and the contents of the mine's HazCom program. This
[[Page 89048]]
training must be provided before the miner performs the new task.
New Task Training--Changes in Assigned Tasks
Under 30 CFR 46.7(b), if a change occurs in a miner's assigned task
that affect the health and safety risks encountered by the miner, the
operator must provide the miner with new task training that addresses
the change. Under 30 CFR 46.9(c)(3), the operator must make a record
upon completion of new task training. Under 30 CFR 46.9(d)(3), the
operator must ensure that all records of training are certified by the
person designated in the MSHA-approved training plan and a copy
provided to the miner at least once every 12 months for new task
training, or upon request by the miner, if applicable.
2-4. Annual Refresher Training
Section 30 CFR 46.8 sets forth the provisions for the mandatory
requirements for new miners training. Under 30 CFR 46.8(a), the
operator must provide each miner with no less than 8 hours of annual
refresher training:
(1) No later than 12 months after miner begins working at the mine;
and
(2) Thereafter no later than 12 months after the previous annual
fresher training.
Under 30 CFR 46.8(b), the refresher training must include
instruction on any changes at the mine that could adversely affect the
miner's health and safety. Under 30 CFR 46.8(c), refresher training
must also address other health and safety subjects that are relevant to
mining operations at the mine. Recommended subjects include applicable
health and safety requirements; information about the physical and
health hazards of chemicals in the miner's work area; and water
hazards, pits, and spoil banks. Under 30 CFR 46.9(c)(4), the operator
must make a record after each session of annual refresher training.
Under 30 CFR 46.9(d)(4), the operator must ensure that all records of
training are certified by the person designated in the MSHA-approved
training plan and a copy provided to the miner upon completion of the 8
hours of annual refresher training.
2-5. Site-Specific Hazard Awareness Training
Section 30 CFR 46.11 sets forth the provisions for the mandatory
requirements for site-specific hazard awareness training.
Under 30 CFR 46.11(a), the operator must provide site-specific
hazard awareness training before any person specified in 30 CFR
46.11(b) and (c) is exposed to mine hazards.
Under 30 CFR 46.11(b), the operator must provide site-specific
hazard awareness training, as appropriate, to any person who is not a
miner but is presented at a mine site, including:
(1) Office or staff personnel;
(2) Scientific workers;
(3) Delivery workers;
(4) Customers, including commercial over-the-road truck drivers;
(5) Construction workers or employees of independent contractors
who are not miners;
(6) Maintenance or service workers who do not work at the mine site
for frequent or extended periods; and
(7) Vendors or visitors.
Under 30 CFR 46.11(c), the operator must provide miners, such as
drillers or blasters, who move from one mine to another mine while
remaining employed by the same mine operator with site-specific hazard
awareness training for each mine.
Under 30 CFR 46.11(d), site-specific hazard awareness training is
information or instructions on the hazards a person could be exposed to
while at the mine, as well as applicable emergency procedures. The
training must address site-specific health and safety risks, such as
unique geologic or environmental conditions, recognition and avoidance
of hazards such as electrical and powered-haulage hazards, traffic
patterns and control, and restricted areas; and warning and evacuation
signals, evacuation and emergency procedures, or other special safety
procedures.
Under 30 CFR 46.11(e), the operator may provide site-specific
hazard awareness training through the use of written hazard warnings,
oral instruction, signs and posted warnings, walkaround training, or
other appropriate means that alert persons to site-specific hazards at
the mine.
Under 30 CFR 46.11(f), site-specific hazard awareness training is
not required for any person who is accompanied at all times by an
experienced miner who is familiar with hazards specific to the mine
site.
Under 30 CFR 46.9(c)(5), the operator must make a record upon
completion by miners of site-specific hazard awareness training.
Under 30 CFR 46.9(d)(5), the operator must ensure that all records
of training are certified by the person designated in the MSHA-approved
training plan and a copy provided to the miner upon completion by
miners of site-specific hazard awareness training.
2-6. Independent Contractor Training
Under 30 CFR 46.12(a), the production-operator has primary
responsibility for ensuring that site-specific hazard awareness
training is given to employees of independent contractors who are
required to receive such training under 30 CFR 46.11. Each production-
operator must provide information to each independent contractor who
employs a person at the mine on site-specific mine hazards and the
obligation of the contractor to comply with the regulations, including
the requirements of 30 CFR part 46.
Under 30 CFR 46.12(b), independent contractors who employ a miner
at the mine has primary responsibility for complying with 30 CFR 46.3
through 46.10, including providing new miner training, newly hired
experienced miner training, new task training, and annual refresher
training. The independent contractor must inform the production-
operator of any hazards of which the contractor is aware that may be
created by the performance of the contractor's work at the mine.
2-7. Training Records
Under 30 CFR 46.9, the operator must make a record of and certify
each type of training detailed below to document that each miner has
received their required training. Under 30 CFR 46.9(a), the operator
must make a record of and certify on MSHA Form 5000-23 that each miner
has received the training required in 30 CFR 46. The operator can, but
is not required to, record the miner's training on MSHA Form 5000-23,
Certificate of Training. MSHA Form 5000-23 is the mandatory approved
form for Part 48 training associated with information collection
request under OMB Control Number 1219-0009.
Alternatively, the operator can record and certify on a form that
contains the following information listed in 30 CFR 46.9(b), including:
(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
section 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
[[Page 89049]]
training plan for the mine as responsible for health and safety
training, that states ``I certify that the above training has been
completed.''
Under 30 CFR 46.9(f), when a miner leaves the operator's
employment, the operator must provide each miner with a copy of his or
her training records and certificates upon request.
Under 30 CFR 46.9(g), the operator must make available at the mine
a copy of each miner's training records and certificates for inspection
by MSHA and for examination by miners and their representatives. If
training certificates are not maintained at the mine, the operator must
be able to provide the certificates upon request to MSHA, miners, or
their representatives.
Under 30 CFR 46.9(h), the operator must maintain copies of training
certificates and training records for each currently employed miner
during his or her employment, except for records and certificates of
annual refresher training which must be maintained for only two years.
The operator must maintain copies of training certificates and training
records for at least 60 calendar days after a miner terminates
employment.
Under 30 CFR 46.9(i), the operator is not required to make records
of site-specific hazard awareness training to persons who are not
miners. However, the operator, must be able to provide evidence to
MSHA, upon request, that the training was provided, such as the
training materials that are used; copies of written information
distributed to persons upon their arrival at the mine, or visitor log
books that indicate that training has been provided.
The information collection request under a currently approved OMB
Control Number 1219-0009, Certificate of Training, covers the mandatory
requirements for submitting and obtaining approval of programs for
training and retraining miners working in underground mines (30 CFR
part 48 Subpart A). The request also covers similar requirements for
miners working at surface mines and surface areas of underground mines
(30 CFR part 48 Subpart B). That information collection request under
does not apply to training and retraining of miners at shell dredging,
sand, gravel, surface stone, surface clay, colloidal phosphate, and
surface limestone mines. The provisions of 30 CFR part 46 set forth the
mandatory requirements for training and retraining miners and other
persons for these miners.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection related to Training Plans, New Miner Training, Newly-Hired
Experienced Miner Training. MSHA is particularly interested in comments
that:
<bullet> Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
<bullet> Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The information collection request will be available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions the commenter against providing any
information in the submission that should not be publicly disclosed.
Full comments, including personal information provided, will be made
available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street
South, 4th Floor West, Arlington, VA 22202-5452. Sign in at the
receptionist's desk on the 4th Floor via the West elevator. Before
visiting MSHA in person, call 202-693-9455 to make an appointment.
Questions about the information collection requirements may be
directed to the person listed in the FOR FURTHER INFORMATION CONTACT
section of this notice.
III. Current Actions
This information collection request concerns provisions for
Training Plans, New Miner Training, Newly-Hired Experienced Miner
Training. MSHA has updated the data with respect to the number of
respondents, responses, time burden, and burden costs supporting this
information collection request from the previous information collection
request.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0131.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 10,872.
Frequency: On occasion.
Number of Annual Responses: 2,275,623.
Annual Time Burden: 157,458 hours.
Annual Other Burden Costs: $351,967.
MSHA Form: Electronic Training Plan Advisor.
Comments submitted in response to this notice will be summarized
and included in the request for Office of Management and Budget
approval of the proposed information collection request; they will
become a matter of public record and be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-26113 Filed 11-8-24; 8:45 am]
BILLING CODE 4510-43-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.