C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER H—EDUCATION AND TRAINING › PART 48—TRAINING AND RETRAINING OF MINERS › Subpart B—Training and Retraining of Miners Working at Surface Mines and Surface Areas of Underground Mines

30 C.F.R. § 48.27

Training of miners assigned to a task in which they have had no previous experience; minimum courses of instruction

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(a) Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, ground control machine operators, AMS operators, and those in blasting operations shall not perform new work tasks in these categories until training prescribed in this paragraph and paragraph (b) of this section has been completed. This training shall not be required for miners who have been trained and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. This training shall also not be required for miners who have performed the new work tasks and who have demonstrated safe operating procedures for such new work tasks within 12 months preceding assignment. The training program shall include the following:

(1) Health and safety aspects and safe operating procedures for work tasks, equipment, and machinery. The training shall include instruction in the health and safety aspects and safe operating procedures related to the assigned task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program. The training shall be given in an on-the-job environment; and

(2)(i) Supervised practice during nonproduction. The training shall include supervised practice in the assigned tasks, and the performance of work duties at times or places where production is not the primary objective; or,

(ii) Supervised operation during production. The training shall include, while under direct and immediate supervision and production is in progress, operation of the machine or equipment and the performance of work duties.

(3) New or modified machines and equipment. Equipment and machine operators shall be instructed in safe operating procedures applicable to new or modified machines or equipment to be installed or put into operation in the mine, which require new or different operating procedures.

(4) Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.

(b) Miners under paragraph (a) of this section shall not operate the equipment or machine or engage in blasting operations without direction and immediate supervision until such miners have demonstrated safe operating procedures for the equipment or machine or blasting operation to the operator or the operator's agent.

(c) Miners assigned a new task not covered in paragraph (a) of this section shall be instructed in the safety and health aspects and safe work procedures of the task, including information about the physical and health hazards of chemicals in the miner's work area, the protective measures a miner can take against these hazards, and the contents of the mine's HazCom program, prior to performing such task.

(d) All training and supervised practice and operation required by this section shall be given by a qualified trainer, or a supervisor experienced in the assigned tasks, or other person experienced in the assigned tasks.

[43 FR 47459, Oct. 13, 1978, as amended at 47 FR 23640, May 28, 1982; 67 FR 42389, June 21, 2002; 73 FR 80612, Dec. 31, 2008]
Notes of Decisions
Cited in 2 cases, 1979–2017 · leading case: Nat'l Indus. Sand Ass'n v. Marshall, 601 F.2d 689 (3rd Cir. 1979).
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Nat'l Indus. Sand Ass'n v. Marshall, 601 F.2d 689 (3rd Cir. 1979). “” 30 C.F.R. § 48.27 (a)(2)(ii). The supervision requirements of the regulation will insure that new task training during production periods will meet the congressional concern that training be conducted “under actual production conditions where such conditions may be essential…”
Int'l Union, United Mine Workers v. Monongalia Cnty. Coal Co., 240 F. Supp. 3d 466 (N.D.W. Va. 2017). “Finally, 30 C.F.R. § 48.27 appears to apply only to “[mjiners assigned to' new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, ground control machine operators, AMS operators, and those in blasting operations,” none…”
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