DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Part 46--Training and Retraining of Miners
Engaged in Shell Dredging or Employed at Sand, Gravel, Surface Stone,
Surface Clay, Colloidal Phosphate, or Surface Limestone Mines
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden conducts a pre-clearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506 (c) (2) (A)]. This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Mine Safety and Health Administration (MSHA) is
soliciting comments concerning the proposed extension of the
information collection related to the 30 CFR sections 46.3, 46.5, 46.6,
46.7, 46.8, 46.9, and 46.11; Training Plans, New Miner Training; Newly-
Hired Experienced Miner Training; New Task Training; Annual Refresher
Training; Records of Training; and Site-Specific Hazard Awareness
Training.
DATES: Submit comments on or before December 16, 2002.
ADDRESSES: Send comments to David Meyer, Director, Administration and
Management, 1100 Wilson Boulevard, Room 2125, Arlington, VA 22209-3939.
Commenters are encouraged to send their comments on a computer disk, or
via Internet E-mail to Meyer.David@dol.gov, along with an original
printed copy. Mr. Meyer can be reached at (202) 693-9802 (voice), or
(202) 693-9801 (facsimile).
FOR FURTHER INFORMATION CONTACT: Jane E. Tarr, Management Analyst,
Records Management Group, U.S. Department of Labor, Mine Safety and
Health Administration, Room 2171, 1100 Wilson Boulevard, Arlington, VA
22209-3939. Ms. Tarr can be reached at Tarr.Jane@dol.gov (Internet e-mail), (202) 693-9824 (voice), or (202) 693-9801 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Paragraph (a) of Sec. 46.3 requires mine operators to develop and
implement a written training plan approved by MSHA that contains
effective programs for training new miners and experienced miners,
training miners for new tasks, annual refresher training, and hazard
training.
Paragraph (b) requires the following information, at a minimum, to
be included in a training plan:
(1) The company name, mine name, and MSHA mine identification
number;
(2) The name and position of the person designated by the operator
who is responsible for the health and safety training at the mine. This
person may be the operator;
(3) A general description of the teaching methods and the course
materials that are to be used in providing the training, including the
subject areas to be covered and the approximate time to be spent on
each subject area;
(4) A list of the persons who will provide the training, and the
subject areas in which each person is competent to instruct; and
(5) The evaluation procedures used to determine the effectiveness
of training.
Paragraph (c) requires a plan that does not include the minimum
information specified in paragraph (b) to be approved by MSHA. For each
size category, the Agency estimates that 20 percent of mine operators
will choose to write a plan and send it to MSHA for approval.
Paragraph (d) requires mine operators to provide miners'
representatives with a copy of the training plan. At mines where no
miners' representative has been designated, a copy of the plan must be
posted at the mine or a copy must be provided to each miner.
Paragraph (e) provides that within 2 weeks following receipt or
posting of the training plan, miners or their representatives may
submit written comments on the plan to mine operators, or to the
Regional Manager, as appropriate. The burden hours and costs of this
provision are not borne by mine operators, but by miners and their
representatives.
Paragraph (g) requires that the miners' representative with a copy
of the approved plan within one week after approval. At mines where no
miners' representative has been designated, a copy of the plan must be
posted at the mine or a copy must be provided to each miner.
Paragraph (h) allows mine operators, miners, and miners'
representatives to appeal a decision of the Regional Manager in writing
to the Director for Education Policy and Development. The Director
would issue a decision on the appeal within 30 days after receipt of
the appeal.
Paragraph (i) requires mine operators to make available at the mine
site a copy of the current training plan for inspection by MSHA and for
examination by miners and their representatives. If the training plan
is not maintained at the mine site, mine operators must have the
capability to provide the plan upon request by MSHA, miners, or their
representatives.
Paragraph (a) of Sec. 46.5 requires mine operators to provide each
new miner with no less than 24 hours of training. Miners who have not
received the full 24 hours of new miner training must work where an
experienced miner can observe that the new miner is working in a safe
manner.
Paragraph (a) of Sec. 46.6 requires mine operators to provide each
newly hired experienced miner with certain training before the miner
begins work.
Paragraph (a) of Sec. 46.7 requires, before a miner performs a
task for which he or she has no experience, that the mine operator
training the miner in the safety and health aspects and safe work
procedures specific to that task. If changes have occurred in a miner's
regularly assigned task, the mine operator must provide the miner with
training that addresses the changes.
Paragraph (a) of Sec. 46.8 requires, at least every 12 months,
that the mine operator provide each miner with no less than 8 hours of
refresher training.
Paragraph (a) of Sec. 46.9 requires the mine operators upon
completion of each training program, to record and certify on MSHA Form
5000-23, or on a form that contains the required information, that the
miner has completed the training. False certification that training was
completed is punishable under Sec. 110(a) and (f) of the Act.
Paragraph (a) of Sec. 46.11 requires the mine operator to provide
site-specific hazard training to non-miners, including the following
persons: scientific workers; delivery workers and customers;
occasional, short-term maintenance or service workers, or
manufacturers' representatives; and outside vendors, visitors, office
or staff personnel who do not work at the mine site on a continuing
basis.
II. Desired Focus on Comments
MSHA is particularly interest in comments which:
[[Page 64141]]
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
A copy of the proposed information collection request can be
obtained by contacting the employee listed below in the For Further
Information Contact section of this notice, or viewed on the Internet
by accessing the MSHA home page (http://www.msha.gov) and then choosing
``Statutory and Regulatory Information'' and ``Federal Register
Documents.''
III. Current Actions
USGS data show that domestic production of sand and gravel and
crushed stone increased every year between 1991 and 1999, an indication
of the continuing strong demand for construction aggregates in the
United States. The number of hours worked at sand and gravel and
crushed stone operations has been increasing steadily since 1991.
MSHA's objective in these requirements is to ensure that all miners
receive the required training, which would result in a decrease in
accidents, injuries, and fatalities. Therefore, MSHA is continuing this
requirement under 30 CFR 46.3, .5, .6, .7, .8, .9, and .11.
Type of Review: Extension.
Agency: Mine Safety and Health Administration.
Title: Training Plans, New Miner Training, Newly Hired Experienced
Miner Training; New Task Training; Annual Refresher Training; Records
of Training; and Site-Specific Hazard Awareness Training (30 CFR 46.3,
.5, .6, .7, .8, .9, .11).
OMB Number: 1219-0131.
Recordkeeping: Sec. 46.3 requires mine operators to develop and
implement a written training plan approved by MSHA that contains
effective programs for training new miners and experienced miners,
training miners for new tasks, annual refresher training, and hazard
training.
Sec. 46.5 requires mine operators to provide each new miner with
no less than 24 hours of training. Miners who have not received the
full 24 hours of new miner training must work where an experienced
miner can observe that the new miner is working in a safe manner.
Sec. 46.6 requires mine operators to provide each newly hired
experienced miner with certain training before the miner begins work.
Sec. 46.7 requires, before a miner performs a task for which he or
she has no experience, that the mine operator train the miner in the
safety and health aspects and safe work performances specific to that
task. If changes have occurred in a miner's regularly assigned task,
the mine operator must provide the miner with training that addresses
the changes.
Sec. 46.8 requires, at least every 12 months, that the mine
operator provide each miner with no less than 8 hours of refresher
training.
Sec. 46.9 requires the mine operators upon completion of each
training program, to record and certify on MSHA Form 5000-23, or on a
form that contains the required information, that the miner has
completed the training. False certification that training was completed
is punishable under Sec. 110(a) and (f) of the Act.
Sec. 46.11 requires the mine operator to provide site-specific
hazard training to non-miners, including the following persons:
scientific workers; delivery workers and customers; occasional, short-
term maintenance or service workers, or manufacturers' representatives;
and outside vendors, visitors, office or staff personnel who do not
work at the mine site on a continuing basis.
Affected Public: Business or other for-profit.
----------------------------------------------------------------------------------------------------------------
Avg time
Total Total per Burden
Section respondents Frequency responses response hours
(hours)
----------------------------------------------------------------------------------------------------------------
46.3(a) exist...................... 10,305 On Occasion.......... 5,477 1.05 5,728
46.3(a) new........................ 10,305 On Occasion.......... 221 2.23 492
46.3(c) exist...................... 10,305 On Occasion.......... 1,040 .1 104
46.3(c) new........................ 10,305 On Occasion.......... 42 .19 8
46.3(d) exist...................... 10,305 On Occasion.......... 5,477 .05 274
46.3(d) new........................ 10,305 On Occasion.......... 221 .1 22
46.3(e) exist...................... 10,305 On Occasion.......... 384 .76 291
46.3(e) new........................ 10,305 On Occasion.......... 15 1.47 22
46.3(g) exist...................... 10,305 On Occasion.......... 1,095 .05 55
46.3(g) new........................ 10,305 On Occasion.......... 44 .09 4
46.3(h) exist...................... 10,305 On Occasion.......... 22 2 44
46.3(h) new........................ 10,305 On Occasion.......... 44 .09 4
46.3(i) exist...................... 10,305 On Occasion.......... 5,477 .05 274
46.3(i) new........................ 10,305 On Occasion.......... 221 .1 22
46.5(a) prepare.................... 10,305 On Occasion.......... 5,477 6 32,862
46.5(a) train...................... 10,305 On Occasion.......... 5,477 7.04 38,573
46.6(a) prepare.................... 10,305 On Occasion.......... 5,477 1 5,477
46.6(a) train...................... 10,305 On Occasion.......... 5,477 1.74 9,543
46.7(a) Reg. Prepare............... 10,305 On Occasion.......... 5,440 .25 1,360
46.7(a) Reg. Train................. 10,305 On Occasion.......... 5,440 2.96 16,125
46.7(a) On Occasion New Prepare.... 10,305 On Occasion.......... 11,042 .08 883
46.7(a) New Train.................. 10,305 On Occasion.......... 11,042 1.56 17,280
46.8(a) Prepare.................... 10,305 On Occasion.......... 5,477 3 16,431
46.8(a) Train...................... 10,305 Annually............. 5,477 7.8 42,723
46.9 records of 46.5............... 10,305 On Occasion.......... 4,139 .1 414
46.9 records of 46.6............... 10,305 On Occasion.......... 4,076 .1 408
[[Page 64142]]
46.9 records of 46.7............... 10,305 On Occasion.......... 31,287 .1 3,128
46.9 records of 46.8............... 10,305 On Occasion.......... 31,287 .1 3,128
46.11(a) Train..................... 10,305 On Occasion.......... 5,477 10.45 57,218
---------------- ---------------- ----------
Total.......................... 10,305 ..................... 161,872 ......... 252,897
----------------------------------------------------------------------------------------------------------------
Total Burden Cost (capital/startup): None. Total Burden Cost (operating/maintaining): $630,333.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Dated at Arlington, Virginia, this 10th day of October, 2002.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. 02-26383 Filed 10-16-02; 8:45 am]
BILLING CODE 4510-43-M
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