Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand,Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines
Version 3 - Published May 28, 2001 .
A. No. Training records and certificates may be maintained in any format that you choose, provided that it contains the information listed in § 46.9(b). We have developed a sample form which you may use. You may also use a "Certificate of Training Form"(MSHA Form 5000-23) if you wish. Use of either of these forms is voluntary. Both of these (5000-23, sample forms) are available from MSHA's Internet Home Page (www.msha.gov ), from MSHA's Educational Field Services Division, or from MSHA District and Field offices.
A. Part 46 allows the use of the MSHA Certificate of Training form (Form 5000-23), which is used to document and certify training conducted under Part 48. However, Part 46 requires additional information not collected on Form 5000-23: 1) the duration of the training; and 2) the name of the competent person who provided the training. Part 46 also requires that the person designated to be responsible for the health and safety training at the mine, as listed on the Part 46 training plan, sign the certificate. If you wish to keep one set of training records to comply with both sets of regulations, you should use Form 5000-23, and include the additional information required by Part 46 on the form.
A. Yes. Under § 46.9(b), the records of training must include the name of the competent person who provided the training. If more than one competent person provided the training, the names of all persons must be included.
A. "Location of training" means the site where the training was provided. If training was given at the mine site, the record should indicate this. If training was given at a local community college, the training record should list the name and address of the community college.
A. The person who has been designated by the operator or independent contractor as responsible for health and safety training is required to certify, by signature, that training has been completed. This should not be confused with the "competent person" who conducts the training. For example, a state, vocational school, or cooperative instructor, listed in a training plan, may conduct the training and be recorded as the competent person for each subject they teach. The person who is designated as the person responsible for Part 46, as indicated on the training plan, must certify that the training was completed.
A. Yes. You must make available at the mine a copy of each miner's training records and certificates for inspection by us and for examination by miners and their representatives. This includes both certified training records and records that have not yet been certified.
A. Part 46 requires that training records and certificates be "available" for inspection by MSHA and by miners and their representatives. This means that if you do not physically keep these records at the mine site, you must be able to quickly produce them upon request, such as by having them sent from another location via fax machine or computer. Records that are certified, need to be presented with a signature of the person responsible for health and safety training.
A. Operators and contractors must make available for inspection by MSHA and by miners and their representatives training plans, training records and certificates. If you do not physically keep the training plan, training records or certificates at the mine site, you must be able to produce them upon request; such as by having them sent from another location via fax machine or computer. Training plans must be made available within one business day, but training records, and certificates with the signature of the person responsible for health and safety training, must be made available before inspection activity at the mine concludes for the day. The reason for the difference is a matter of urgency. If a miner is untrained or improperly trained, it is a hazard to the miner and to other miners.
You must make the training records and certificates available to the inspector at the mine site. The inspector may choose, as a matter of convenience, to inspect the records at the office or location where the records are maintained or have them faxed to an MSHA office for his or her inspection that day.
A. No. Production-operators and independent contractors, not miners, are responsible for making and maintaining required miner training records and certificates, and producing the records and certificates upon request by MSHA or by miners or their representatives.