30 CFR § 46.3
Training plans.
(a) You must develop and implement a written plan, approved by us
under either paragraph (b) or (c) of this section, that contains
effective programs for training new miners and newly hired experienced
miners, training miners for new tasks, annual refresher training, and
site-specific hazard awareness training.
(b) A training plan is considered approved by us
if it contains, at a minimum, the following information:
(1) The name of the production-operator or
independent contractor, mine name(s), and MSHA mine identification
number(s) or independent contractor identification number(s);
(2) The name and position of the person
designated by you who is responsible for the health and safety
training at the mine. This person may be the production-operator or
independent contractor;
(3) A general description of the teaching methods and the course
materials that are to be used in the training program, including the
subject areas to be covered and the approximate time or range of
time to be spent on each subject area.
(4) A list of the persons and/or
organizations who will provide the training, and the subject areas
in which each person and/or organization is competent to instruct;
and
(5) The evaluation procedures used to determine the effectiveness of
training.(If MSHA
has approved the Plan and you have these five minimum requirements
then what legal authority do they have to make you alter your plan?
The obvious answer is "NONE"! FMA)
(c) A plan that does not include the minimum information
specified in paragraphs (b)(1) through (b)(5) of this section must be
submitted to and approved by the Regional Manager, Educational Field
Services Division, or designee, for the region in which the mine is
located. You also may voluntarily submit a plan for Regional Manager
approval. You must notify miners or their representatives when you
submit a plan for Regional Manager approval. Within two weeks of
receipt or posting of the plan, miners and their representatives may
also request review and approval of the plan by the Regional Manager
and must notify the production-operator or independent contractor of
such request.
(d) You must provide the miners' representative, if
any, with a copy of the plan at least 2 weeks before the plan is
implemented or, if you request MSHA approval of your plan, at least
two weeks before you submit the plan to the Regional Manager for
approval. At mines where no miners' representative has been
designated, you must post a copy of the plan at the mine or provide a
copy to each miner at least 2 weeks before you implement the plan or
submit it to the Regional Manager for approval.
(e) Within 2 weeks following the receipt or posting
of the training plan under paragraph (d) of this section, miners or
their representatives may submit written comments on the plan to you,
or to the Regional Manager, as appropriate.
(f) The Regional Manager must notify you and miners
or their representatives in writing of the approval, or status of the
approval, of the training plan within 30 calendar days of the date we
received the training plan for approval, or within 30 calendar days of
the date we received the request by a miner or miners' representative
that we approve your plan.
(g) You must provide the miners' representative, if
any, with a copy of the approved plan within one week after approval.
At mines where no miners' representative has been designated, you must
post a copy of the plan at the mine or provide a copy to each miner
within one week after approval.
(h) If you, miners, or miners' representatives wish
to appeal a decision of the Regional Manager, you must send the
appeal, in writing, to the Director for Educational Policy and
Development, MSHA, 1100 Wilson Boulevard, Room 2100, Arlington,
Virginia 22209-3939, within 30 calendar days after notification of the
Regional Manager's decision. The Director will issue a final decision
of the Agency within 30 calendar days after receipt of the appeal.
(i) You must make available at the mine a copy of
the current training plan for inspection by us and for examination by
miners and their representatives. If the training plan is not
maintained at the mine, you must have the capability to provide the
plan within one business day upon request by us, miners, or their
representatives.
(j) You must comply with the procedures for plan
approval under this section whenever the plan undergoes revisions.
(k) The addresses for the EFS Regional Managers are
as follows. Current information on the EFS organization is available
on MSHA's Internet Home Page at http://www.msha.gov.
Eastern Regional Manager
Educational Field Services
National Mine Health and
Safety Academy
1301 Airport Road
Beaver, WV 25813-9426
Telephone: (304) 256-3223
FAX: (304) 256-3319
E-mail:
zzMSHA-EFS-Group-East@dol.gov
Western Regional Manager
Educational Field Services
P.O. Box 25367
Denver, CO 80225-0367
Telephone: (303) 231-5434
FAX: (304) 231-5474
E-mail:
zzMSHA-EFS-Group-West@dol.gov |
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