C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER H—EDUCATION AND TRAINING › PART 46—TRAINING AND RETRAINING OF MINERS ENGAGED IN SHELL DREDGING OR EMPLOYED AT SAND, GRAVEL, SURFACE STONE, SURFACE CLAY, COLLOIDAL PHOSPHATE, OR SURFACE LIMESTONE MINES.

30 C.F.R. § 46.11

Site-specific hazard awareness training

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(a) You must provide site-specific hazard awareness training before any person specified under this section is exposed to mine hazards.

(b) You must provide site-specific hazard awareness training, as appropriate, to any person who is not a miner as defined by § 46.2 of this part but is present at a mine site, including:

(1) Office or staff personnel;

(2) Scientific workers;

(3) Delivery workers;

(4) Customers, including commercial over-the-road truck drivers;

(5) Construction workers or employees of independent contractors who are not miners under § 46.2 of this part;

(6) Maintenance or service workers who do not work at the mine site for frequent or extended periods; and

(7) Vendors or visitors.

(c) You must provide miners, such as drillers or blasters, who move from one mine to another mine while remaining employed by the same production-operator or independent contractor with site-specific hazard awareness training for each mine.

(d) Site-specific hazard awareness training is information or instructions on the hazards a person could be exposed to while at the mine, as well as applicable emergency procedures. The training must address site-specific health and safety risks, such as unique geologic or environmental conditions, recognition and avoidance of hazards such as electrical and powered-haulage hazards, traffic patterns and control, and restricted areas; and warning and evacuation signals, evacuation and emergency procedures, or other special safety procedures.

(e) You may provide site-specific hazard awareness training through the use of written hazard warnings, oral instruction, signs and posted warnings, walkaround training, or other appropriate means that alert persons to site-specific hazards at the mine.

(f) Site-specific hazard awareness training is not required for any person who is accompanied at all times by an experienced miner who is familiar with hazards specific to the mine site.

Notes of Decisions
Cited in 5 cases, 2007–2013 · leading case: Sec'y of Labor, Mine Saf. & Health Admin. v. Nat'l Cement Co. of California, Inc., 494 F.3d 1066 (D.C. Cir. 2007).
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Sec'y of Labor, Mine Saf. & Health Admin. v. Nat'l Cement Co. of California, Inc., 494 F.3d 1066 (D.C. Cir. 2007). · cites it 2× “but is present [on the road]," 30 C.F.R. § 46.11 (b). National Cement could thus be liable for violating the cited provisions notwithstanding it lacks authority to comply with them because it lacks control over all Access Road users.”
Sec'y of Labor v. Nat'l Cement Co., 573 F.3d 788 (D.C. Cir. 2009). “§ 814 (b), (d), (e); they must provide site-specific hazard awareness training to any person present at a “mine site,” 30 C.F.R. § 46.11 (b); and, in the event of an accident, they must notify the - Secretary and take appropriate measures to prevent the destruction of relevant…”
Ferguson, Frank v. Hanson Aggregates New York, Inc. (N.Y. App. Div. 2013). “We note, however, that, inasmuch as defendant’s alleged failure to comply with the regulation entitled “Site-specific hazard awareness training” (30 CFR 46.11) is unrelated to its duty with regard to the premises, any failure to comply with that regulation cannot be used as…”
Ferguson v. Hanson Aggregates New York, Inc., 103 A.D.3d 1174 (N.Y. App. Div. 2013). “We note, however, that, inasmuch as defendant’s alleged failure to comply with the regulation entitled “Site-specific hazard awareness training” (30 CFR 46.11) is unrelated to its duty with regard to the premises, any failure to comply with that regulation cannot be used as…”
Ferguson v. Hanson Aggregates New York, Inc., 103 A.D.3d 1174 (N.Y. App. Div. 2013). “We note, however, that, inasmuch as defendant’s alleged failure to comply with the regulation entitled “Site-specific hazard awareness training” (30 CFR 46.11) is unrelated to its duty with regard to the premises, any failure to comply with that regulation cannot be used as…”
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