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Compliance Guideline for
MSHA's Part 46 Training Regulations
Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand,Gravel, Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines
Version 3 - Published May 28, 2001.
§ 46.11 Site-Specific Hazard Awareness Training
| 116. |
Q. What options do I have in delivering site-specific hazard awareness training?
A. Part 46 provides that site-specific hazard awareness training may be provided through the use of written hazard warnings, oral instruction, signs and posted warnings, walkaround training, or other appropriate means that alert affected persons to site-specific hazards at the mine. Part 46 allows you the flexibility to tailor your hazard awareness training to the specific conditions and practices at your mine. In many cases, an effective site-specific hazard awareness training program will include a combination of different types of training. The training must be sufficient to alert affected persons to site-specific hazards.
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| 117. |
Q. Is the Requirement to "Ensure" Independent Contractors Receive Site-Specific Hazard Awareness Training a Strict Liability Standard?
A. Yes. Section 46.12(a)(1) establishes that the production-operator has primary responsibility for ensuring that Site-Specific Hazard Awareness training is given to employees of independent contractors, while Section 46.12(b)(1) establishes that each independent contractor who employs a miner under this Part has primary responsibility for complying with other required training. MSHA views Section 46.12 as a regulatory indication of whom the agency will cite for training violations under ordinary circumstances. Both the production-operator and the independent contractor share the responsibility that all miners receive all required training, and in extraordinary circumstances, MSHA may determine that both the production-operator and the independent contractor should be held liable for training violations.
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| 118. |
Q. Who is responsible for providing required site-specific hazard awareness training to employees of independent contractors?
A. Each production-operator is primarily responsible for ensuring that employees of independent contractors receive site-specific hazard awareness training. This means that production-operators must ensure that the training has been given, although they do not need to provide the training themselves. Production-operators may provide independent contractors with site-specific hazard awareness information or training materials and arrange for the independent contractors to provide the training to the contractors' employees.
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| 119. |
Q. How often must a person receive site-specific hazard awareness training? Annually? Once every 2 years?
A. A person requiring site-specific hazard training must receive this training prior to going on the mine property. Beyond that, Part 46 does not require that a person receive site-specific hazard awareness training at specific intervals. Part 46 requires that the training be sufficient to alert persons to the hazards they will encounter at the mine. This means that there may be cases where a person should receive additional site-specific hazard awareness training.
For example, if a person is away from the mine site for a period of time, it would be prudent to provide that person with refresher site-specific training. Additionally, if conditions at the mine undergo some change, some form of site-specific hazard awareness training must be given to alert persons of these changes.
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| 120. |
Q. Is a record of training required for a non-miner who receives site-specific hazard awareness training?
A. No. A training record is not required for non-miners who receive site-specific hazard awareness training. However, you must be able to provide evidence to MSHA, upon request, that the training was provided, such as by indicating the training materials that are used; providing copies of written information distributed to persons upon their arrival at the mine; or providing visitor log books that indicate that training has been provided.
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| 121. |
Q. If warning signs are used to provide site-specific hazard awareness training, is the training required to be recorded for each person the sign is intended for?
A. No. Section 46.9(i) provides that records of site-specific hazard awareness training are not required for persons who are not "miners" under § 46.2. However, you must be able to provide evidence to MSHA, upon request, that the training was provided. This evidence could include training materials that are used; copies of written information distributed to persons upon their arrival at the mine; appropriate warning signs; or visitor log books that indicate that training was provided.
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| 122. |
Q. Section 46.11(b)(6) provides that maintenance and service workers who do not work at a mine site for "frequent and extended periods" are required to receive site-specific hazard awareness training. What constitutes "frequent or extended periods"?
A. "Frequent" exposure is a pattern of exposure to hazards at mining operations occurring intermittently and repeatedly over time. "Extended" exposure means, exposure to hazards at mining operations of more than five consecutive work days.
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| 123. |
Q. What type of training is required for independent contractors who perform construction work on a mine property, but who are not actively engaged in mining operations?
A. Construction workers who are not exposed to hazards of mining operations as defined in section 46.2(h) are required to receive site-specific hazard awareness training.
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