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Compliance Guideline for
MSHA's Part 46 Training Regulations

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

§ 46.8 Annual Refresher Training

95. Q. I understand that I must provide my current workers with some annual refresher training; do I have until October 2001 to complete that training?

A. No. Any of your miners who have not been receiving regular refresher training must receive 8 hours of annual refresher training by March 30, 2001.

96. Q. How much refresher training must I give my employees each year?

A. Part 46 specifies a minimum of 8 hours each year. The subjects to be addressed and the length of each session is up to you, as long as you address any changes, such as new procedures, new mining equipment, or new health hazards that could affect the health and safety of the miners. If you want to provide the annual training in a single 8-hour session every year, that is acceptable. If you would rather provide your miners' refresher training in smaller blocks of time, such as weekly toolbox talks, that is OK, too. The total training time must add up to at least 8 hours.

97. Q. What subjects must be covered as part of annual refresher training?

A. Section 46.8 requires that annual refresher training include instruction on changes at the mine that could adversely affect the miners' health or safety. In addition, refresher training must also address other health and safety subjects that are relevant to mining operations at the mine. Section 46.8 includes an extensive list of recommended subjects for refresher training. The flexibility of the performance-based approach of Part 46 allows production-operators and independent contractors to determine the subjects to be covered in annual refresher training based on the needs of their workforce and their operations.

98. Q. Must the subjects that will be covered in annual refresher training be included in the training plan?

A. Yes. The training plan must identify the subject areas to be covered and the approximate time to be spent on each subject area.

99. Q. Is it possible to provide annual refresher training that satisfies both Part 46 and Part 48 requirements?

A. Yes. You can design your annual refresher training program to satisfy the requirements of both Part 48 and Part 46. You should be aware that there are several differences in refresher training requirements for these two regulations. For example, Part 48 requires that training sessions last a minimum of 30 minutes; Part 46 does not. Part 48 specifies a number of required subjects. Finally, Part 48 requires that training be conducted by MSHA-approved instructors. Part 46 does not require an MSHA-approved instructor to provide training, but rather provides that training must be given by a competent person, who has been designated by the production-operator or independent contractor.

100. Q. Are training anniversary dates for annual refresher training tracked by the day the training is completed or by the month?

A. By the month. For example, if a miner completed annual refresher training some time in February, the next annual refresher training must be completed by the end of the following February.