30 C.F.R. § 48.7

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, roof and ground control machine 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 the safe operating procedures related to the assigned tasks, 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; on

(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) Any person who controls or directs haulage operations at a mine shall receive and complete training courses in safe haulage procedures related to the haulage system, ventilation system, firefighting procedures, and emergency evacuation procedures in effect at the mine before assignment to such duties.

(e) 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 44 FR 1980, Jan. 9, 1979; 47 FR 23640, May 28, 1982; 67 FR 42388, June 21, 2002]

Notes of Decisions

Cited in 4 cases, 1979–2019 · leading case: Sec'y of Labor, Mine Saf. & Health Admin. v. W. Fuels-Utah, Inc., & Fed. Mine Saf. & Health Review Comm'n, 900 F.2d 318 (D.C. Cir. 1990).

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Sec'y of Labor, Mine Saf. & Health Admin. v. W. Fuels-Utah, Inc., & Fed. Mine Saf. & Health Review Comm'n, 900 F.2d 318 (D.C. Cir. 1990). · cites it 5× “With regard to task training for miners working in underground coal mines, 30 C.F.R. § 48.7 (a) states in pertinent part: Miners assigned to new work tasks as mobile equipment operators, drilling machine operators, haulage and conveyor systems operators, roof and ground control…”

Ronald Buckler v. United States, 919 F.3d 1038 (8th Cir. 2019). “§ 825(a), (c); 30 C.F.R. §§ 48.7 , 48.9, 48.11. Many of these provisions, however, set forth duties for the mine operators rather than for inspectors.”

Sec'y of Labor v. Twentymile Coal Co., 411 F.3d 256 (D.C. Cir. 2005). · cites it 4× “(“Twentymile”) violated the mandatory training standard set forth at 30 C.F.R. § 48.7 (c) (2002), but that the proposed penalty assessment was not issued within a reasonable time.”

Nat'l Indus. Sand Ass'n v. Marshall, 601 F.2d 689 (3rd Cir. 1979). · cites it 3× “The regulations concerning new task training for experienced miners are set forth at 30 C.F.R. §§ 48.7 , 48.27. . Minimum statutory requirements for new task training are established in 30 U.”

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