Who Needs MSHA Part 46 Training - Surface Mine Safety

Written by

F Marie Athey OHST | November 28, 2014 (Reprent with approval)

Who needs MSHA training? MSHA requires everyone who falls under the Part 46 Surface Mine regulations to comply in the same way. That means that mining contractors and all types of service providers performing work in active mining areas of a mine site, must meet the same training and documentation requirements as mine operators.

Online computer based training is an acceptable form of training per MSHA. There is a misunderstanding by many in the industry that online training companies operated like any other training facility or consultant and that a representative would sign a 5000-23 as the “responsible person.” That is not the case for online training, which MSHA deems as a “training method,” not an individual or entity endorsed by the trainee’s employer as the responsible person.

Three steps to get and stay compliant with MSHA Part 46:

1. Compliant Training Plan (keep a printed physical copy).

• Any company can go to this website to register for a contractor ID.
• Go here to fill out a compliant Training Plan.

2. Training performed in a compliant manner totaling the minimum 24 hours (for New Miners) within the 90 day time period, with repeated 8 hours annually for Annual Refresher training. Four hours of training will be required before new miners can begin work.

3. Compliant Certificate of Training 5000-23 Form (keep a printed and signed physical copy)

• Go to the MSHA website to get a 5000-23 Certificate of Completion.

MSHA requires that 3 individuals are identified on the forms:

1. Person Trained – This is the person receiving the training.
2. Competent Person – This is the person with the ability, training, knowledge, or experience, deemed competent on the subject matter by the production-operator or independent contractor, who performs or oversees the training. For Part 46, this does not have to be an MSHA-approved person. It can be anyone that the mine or mining contractor sees fit to perform the training. And it can be multiple people across different types of training as needed.
3. Responsible Person – This is the person ultimately responsible for the health and safety training of the person being trained. Usually, this is the safety manager, general manager, or owner of the business. In some cases, it can be the training facility to which trainees are sent or a training consultant who comes on-site to do training.

Please Note – MSHA allows for all 3 of these roles to actually be the same person in cases where the mining contractor is a sole proprietorship.

For Part 46, these forms do not have to be submitted to MSHA for approval. They do have to be completed, signed as needed, and physically printed so they’re available on-site at any time for an MSHA inspector’s review.

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