What Training are inspectors getting from MSHA and the Mine Academy?

They are initially at the Academy for six weeks; given instructions to “enforce with imagination” and released to inspect! They have no expertise in the Law or due process. It appears that enforcing the Law is a lesser responsibility than issuing citations based on their momentary fictional “beliefs”.

A report was received from a large independent Contractor that a District Manager (M/N) was requiring a separate Part 48 training plan submitted to MSHA for all locations serviced by his firm. They could no longer use the MSHA-approved training program for the mines(their customers). They have 150+ customers nationally.

This would require that the Contractor to spend money in the hundreds of thousands of dollars to develop training plans and retrain their people according to the new Part 48 plan.

All that would be needed is for MSHA to require their management, supervision and inspectors to read the Law and Policy that has existed since 1977, strictly adhere to it and quit the “instant-rulemaking (change of enforcement) ” forbidden them by the legal and administrative codes!

          Below are the quotes from the 1977 MS&H Act, 30 CFR and from MSHA’s nationally published Policy Manual relating to training plans for Contractors.

The Act Sec 3

(d) "operator" means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine

30 CFR § 48.4/24
Cooperative training program

(a) An operator of a mine may conduct his own training programs, or may participate in training programs conducted by MSHA, or may participate in MSHA approved training programs conducted by State or other Federal agencies, or associations of mine operators, miners' representatives, other mine operators, private associations, or educational institutions.

30 CFR § 48.2/22
Definitions.

(e) Operator means any owner, lessee, or other person who operates, controls or supervises an underground mine; or any independent contractor identified as an operator performing services or construction at such mine.

MSHA Policy Manual VOL. III

48.2/48.22

d. Selection of Training Programs

Independent contractors may submit their own training plans and conduct their own MSHA-approved training program, use an MSHA-approved cooperative program, or use the MSHA-approved training program for the mine.