MSHA Part 48 is a critical piece of the regulatory framework of the Code of Federal Regulations which contains the Federal Mine Safety and Health Act of 1977 (“Mine Act”) Within this “Act” a.k.a. The LAW is the mandate for health and safety training requirements for underground and surface miners set out at 30 C.F.R. Part 48.
Required training also known as training mandated by MSHA Law includes a minimum of:
- 40 hours – New Underground Miners
- 24 hours – New Surface Miners
- 8 hours – Annual Refresher Training
- New Task Training
- Compensation of miners for training
- Certification of such training.
NOTE:
- These minimum requirements must be included in an operator training plan which must be approved by the Mine Safety and Health Administration (“MSHA”).
- All of these section 115 requirements, along with the requirement for hazard training, are included in the training regulations at 30 C.F.R. Part 48.
- Part 48 is divided into two subparts:
- Subpart A, §§ 48.1 through 48.12, pertains to underground miners.
- Subpart B, §§ 48.21 through 48.32, pertains to surface miners and miners working in the surface areas of underground mines.
Part 48 was originally placed into law, “Promulgated” in 1980 to apply to al miners and it remained that way for 20 years. In the year 2000, Congress exercised a continuing training resolution inserted in the Omnibus Budget Bill, prohibited MSHA from utilizing its budget to enforce the Part 48 training requirements at surface stone, surface clay, sand and gravel, surface limestone, colloidal phosphate, and shell dredging operations during this 20 year period.
When MSHA added the training provisions under Law as mandated requirements; in other words making training mandatory under federal law 30 C.F.R. This mandate made training or the lack thereof capable of being cited and a responsibility under the law by fine or citation.
It is now mandatory for the retraining and training of workers employed at mine sites for colloidal phosphate, surface stone, shell dredging, surface clay, surface sand, or gravel mines.
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