MSHA Part 46 Terms and Definitions

"A person designated by the production-operator or independent contractor who has the ability, training, knowledge or experience to provide training to miners in his or her area of expertise. The competent person must be able to effectively communicate the training subject to miners and to evaluate whether the training given to miners is effective."

"Equivalent experience means work experience where the person performed duties similar to duties performed in mining operations at surface mines. Such experience may include, but is not limited to, work as a heavy equipment operator, truck driver, skilled craftsman or plant operator."

An experienced miner is a person who:

• Was employed as a miner on or before April 14, 1999
• Has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000
• Began employment as a miner after April 14, 1999, but before Oct. 2, 2000, and who has received new miner training under Title 30 Part 46
• Was employed as a miner on or after Oct. 2, 2000, and who has completed 24 hours of new miner training under Title 30 Part 46 and who has at least 12 cumulative months of surface mining or equivalent experience

Once a miner is an experienced miner under this section, the miner will retain that status permanently.

"Any person, partnership, corporation, subsidiary of a corporation, firm, association or other organization that contracts to perform services at a mine under this part."

This phrase refers to the Federal Mine Safety and Health Act of 1977.

Part 46 is included in Title 30: Mineral Resources, a section of the Code of Federal Regulations. It covers the mandatory training and training documentation requirements at certain surface mine sites.

A Part 46 training plan is a mandatory written plan that contains effective programs for training new miners and newly hired experienced miners. It also outlines programs for annual refresher training, site-specific hazard awareness training and new task training. Mine operators regulated by Part 46 must develop and implement a training plan as part of their training program.

"An area of the mine where mining operations occur."

"Any person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations, and any construction worker who is exposed to hazards of mining operations."

The definition of "miner" does not include scientific workers, delivery workers, customers (including commercial over-the-road truck drivers), vendors or visitors. This definition also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods.

"Mining operations include mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine, maintenance and repair of mining equipment and associated haulage of materials within the mine from these activities."

"An experienced miner who is beginning employment with a production-operator or independent contractor. Experienced miners who move from one mine to another, such as drillers and blasters, but who remain employed by the same production-operator or independent contractor are not considered newly hired experienced miners."

"A person who is beginning employment as a miner with a production-operator or independent contractor and who is not an experienced miner."

"A period during which a miner is otherwise scheduled to work, including the sixth or seventh working day if such a work schedule has been established for a sufficient period of time to be accepted as the common practice of the production-operator or independent contractor, as applicable."

"Any production-operator, or any independent contractor whose employees perform services at a mine."

"Any owner, lessee or other person who operates, controls or supervises a mine under this part."

"A work assignment or component of a job that requires specific job knowledge or experience."