30 CFR § 48.23
Training plans; time of submission; where filed; information required;
time for approval; method for disapproval; commencement of training; approval
(a) Except as provided in paragraph (o) of this section, each operator of a surface mine shall have an MSHA-approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
(1) In the case of a mine which is operating on the
effective date of this subpart B, the operator of the mine shall submit such
plan for approval within 150 days after the effective date of this subpart
(2) Within 60 days after the operator submits the plan for
approval, unless extended by MSHA, the operator shall have an approved plan
for the mine.
(3) In the case of a new mine which is to be opened or a
mine which is to be reopened or reactivated after the effective date of this
subpart B, the operator shall have an approved plan prior to opening the new
mine, or reopening or reactivating the mine unless the mine is reopened or
reactivated periodically using portable equipment and mobile teams of miners
as a normal method of operation by the operator. The operator to be so
excepted shall maintain an approved plan for training covering all mine
locations which are operated with portable equipment and mobile teams of
(b) The training plan shall be filed with the District Manager for
the area in which the mine is located.
(c) Each operator shall submit to the District Manager the following
(1) The company name, mine name, and MSHA identification
number of the mine.
(2) The name and position of the person designated by the
operator who is responsible for health and safety training at the mine. This
person may be the operator.
(3) A list of MSHA approved instructors with whom the
operator proposes to make arrangements to teach the courses, and the courses
each instructor is qualified to teach.
(4) The location where training will be given for each
(5) A description of the teaching methods and the course
materials which are to be used in training.
(6) The approximate number of miners employed at the mine
and the maximum number who will attend each session of training.
(7) The predicted time or periods of time when regularly
scheduled refresher training will be given. This schedule shall include the
titles of courses to be taught, the total number of instruction hours for
each course, and the predicted time and length of each session of
(8) For the purposes of §48.27 (New
task training of miners) of this subpart B, the operator shall submit:
(i) A complete list of task assignments to correspond with
the definition of "task" in §48.22(f) of this
(ii) The titles of personnel conducting the training
for this section.
(iii) The outline of training procedures used in
training miners in those work assignments listed according to paragraph
(c)(8)(i) of this section.
(iv) The evaluation procedures used to determine the
effectiveness of training under §48.27 of this subpart
(d) The operator shall furnish to the representative of the miners a
copy of the training plan 2 weeks prior to its submission to the District
Manager. Where a miners' representative is not designated, a copy of the plan
shall be posted on the mine bulletin board 2 weeks prior to its submission to
the District Manager. Written comments received by the operator from miners
or their representatives shall be submitted to the District Manager. Miners
or their representatives may submit written comments directly to the District
(e) All training required by the training plan submitted to and
approved by the District Manager as required by this subpart B shall be
subject to evaluation by the District Manager to determine the effectiveness
of the training programs. If it is deemed necessary, the District Manager
may require changes in, or additions to, programs. Upon request from the
District Manager the operator shall make available for evaluation the
instructional materials, handouts, visual aids, and other teaching
accessories used or to be used in the training programs. Upon request from
the District Manager the operator shall provide information concerning
schedules of upcoming training.
(f) The operator shall make a copy of the MSHA approved training plan
available at the mine site for MSHA inspection and examination by the miners
and their representatives.
(g) Except as provided in §48.27 (New task
training of miners) and §48.31 (Hazard training) of this subpart B, all
courses shall be conducted by MSHA approved instructors.
(h) Instructors shall be approved by the District Manager in one or
more of the following ways:
(1) Instructors shall take an instructor's training course
conducted by the District Manager or given by persons designated by the
District Manager to give such instruction; and instructors shall have
satisfactorily completed a program of instruction approved by the Office of
Educational Policy and Development, MSHA, in the subject matter to be
(2) Instructors may be designated by MSHA as approved
instructors to teach specific courses based on written evidence of the
instructors' qualifications and teaching experience.
(3) At the discretion of the District Manager, instructors
may be designated by MSHA as approved instructors to teach specific courses
based on the performance of the instructors while teaching classes monitored
by MSHA. Operators shall indicate in training plans submitted for approval
whether they want to have instructors approved based on monitored
performance. The District Manager shall consider such factors as the size of
the mine, the number of employees, the mine safety record and remoteness from
a training facility when determining whether instructor approval based on
monitored performance is appropriate.
(4) On the effective date of this subpart B, cooperative
instructors who have been designated by MSHA to teach MSHA approved courses
and who have taught such courses within 24 months prior to the effective date
of this subpart shall be considered approved instructors for such
(i) Instructors may have their approval revoked by MSHA for good
cause which may include not teaching a course at least once every 24 months.
Before any revocation is effective, the District Manager must send written
reasons for revocation to the instructor and the instructor shall be given an
opportunity to demonstrate or achieve compliance before the District Manager
on the matter. A decision by the District Manager to revoke an instructor's
approval may be appealed by the instructor to the Administrator for Coal Mine
Safety and Health or Administrator for Metal and Non-metal Safety and Health,
as appropriate, MSHA, 1100 Wilson Boulevard Room 2424 (Coal) or Room 2436 (Metal and Nonmetal), Arlington, Virginia 22209-3939. Such an
appeal shall be submitted to the Administrator within 5 days of notification
of the District Manager's decision. Upon revocation of an instructor's
approval, the District Manager shall immediately notify operators who use
the instructor for training.
(j) The District Manager for the area in which the mine is located
shall notify the operator and the miners' representative, in writing, within
60 days from the date on which the training plan is filed, of the approval
or status of the approval of the training programs.
(1) If revisions are required for approval, or to retain
approval thereafter, the revisions required shall be specified to the
operator and the miners' representative and the operator and the miners'
representative shall be afforded an opportunity to discuss the revisions with
the District Manager, or propose alternate revisions or changes. The District
Manager, in consultation with the operator and the representative of miners,
shall fix a time within which the discussion will be held, or alternate
revisions or changes submitted, before final approval is made.
(2) The District Manager may approve separate programs of
the training plan and withhold approval of other programs, pending discussion
of revisions or submission of alternate revisions or changes.
(k) Except as provided under §48.28(c)
(Annual refresher training of miners) of this subpart B, the operator shall
commence training of miners within 60 days after approval of the training
plan, or approved programs of the training plan.
(l) The operator shall notify the District Manager of the area in
which the mine is located and the miners' representative of any changes of
modifications which the operator proposes to make in the approval training
plan. The operator shall obtain the approval of the District Manager for
such changes or modifications.
(m) In the event the District Manager disapproves a training plan or
a proposed modification of a training plan or requires changes in a training
plan or modification, the District Manager shall notify the operator and the
miners' representative in writing of:
(1) The specific changes or items of deficiency.
(2) The action necessary to effect the changes or bring
the disapproved training plan or modification into compliance.
(3) The deadline for completion of remedial action to
effect compliance, which shall serve to suspend punitive action under the
provisions of sections 104 and 110 of the Act and other related regulations
until that established deadline date, except that no such suspension shall
take place in imminent danger situations.
(n) The operator shall post on the mine bulletin board, and provide
to the miners' representative, a copy of all MSHA revisions and decisions
which concern the training plan at the mine and which are issued by the
(o) Each operator engaged in shaft or slope construction shall have an MSHA-approved training plan, as outlined in this section, containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners as follows:
(1) In the case of an operator engaged in shaft or slope construction on December 30, 2005, the operator shall submit a plan for approval by May 1, 2006, unless extended by MSHA.
(2) In the case of a new shaft or slope construction operator after June 28, 2006, the operator shall have an approved plan prior to commencing shaft or slope construction.
For more information : See MSHA's Program Policy Manual