[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]
[[Page 53749]]
_______________________________________________________________________
Part II
Department of Labor
_______________________________________________________________________
Mine Safety and Health Administration
_______________________________________________________________________
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
[email protected]. 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
[[Page 53752]]
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
[[Page 53753]]
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