U.S. Department of Labor

Mine Safety and Health Administration 1100 Wilson Boulevard Arlington, Virginia 22209-3939

FROM:           KEVIN G. STRICKLIN
                        Administrator for
                       Coal Mine Safety and Health

                      FELIX A. QUINTANA
                        Administrator for
                       Metal and Nonmetal Safety and Health

                      JAY P. MATTOS
                       Director, Office of Assessments

SUBJECT:      Criteria for Issuance and Maintenance of Special Investigation
                     Credentials

Scope
This program policy letter applies to all Mine Safety and Health Administration (MSHA) personnel.

Purpose
The purpose of this program policy letter is to establish uniform criteria for the training and retraining of MSHA personnel assigned to conduct special investigations pursuant to Sections 105(c), 108, and 110 of the Federal Mine Safety and Health Act of 1977.

Policy
Individuals selected for training and assignment as special investigators must complete the required training prior to the issuance of special investigator credentials. The required training consists of two modules of classroom training and specific on-the-job training conducted in the district. Every individual selected for training as a special investigator must complete the required training and be credentialed within 18 months of the selection.

All individuals issued special investigation credentials must complete 2 weeks of designated special investigator refresher training every 2 years in order to retain their credentials.

District Managers shall be responsible for the selection of individuals for the special investigations program, for their attendance at the scheduled classroom training, the completion of the on-the-job training, and the attendance of credentialed investigators at scheduled refresher training.

The Technical Compliance and Investigations Office shall be responsible for the scheduling and conduct of the required classroom training and all refresher training.

Failure to comply with the training and retraining provisions of this policy can result in the suspension or revocation of special investigation credentials.

Background
In early 2004 , the Assistant Secretary for the Mine Safety and Health Administration (MSHA) directed that MSHA's special investigation credentials be processed through his office and issued by the Secretary of Labor. Special investigation credentials were previously authorized and signed by the Assistant Secretary for MSHA. This change was necessary to conform MSHA's special investigations credential policy with existing Department of Labor policies.

The National Team Building Committee for MSHA's special investigation program was tasked with establishing criteria for the issuance and retention of credentials. The Committee was comprised of special investigation supervisors, non-supervisory special investigators, and headquarters staff.

The committee conducted an assessment of the special investigator function and determined that 5 weeks of specialized classroom training was appropriate. In addition, the committee determined that specific on-the-job training should be provided by the district during the interval between the 2 classroom modules. A Special Investigations Workbook and a Training Task List were developed to assist the Supervisory Special Investigator providing the required on-the-job training.

In addition, the committee determined that credentialed special investigation personnel should receive 2 weeks of specialized refresher training every two years.

Authority
�5 of the Federal Mine Safety and Health Act of 1977; 30 U.S.C. �4.

Filing Instructions
This policy letter should be filed behind the tab marked "Program Policy Letters" at the back of the Program Policy Manual.

Issuing Office and Contact Person
Office of Technical Compliance and Investigations
Carolyn James, Assistant Director, TCIO, (202) 693-9564
Email: James.Carolyn@dol.gov

Distribution
Program Policy Manual Holders
District Managers
(others)