[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR46.2]

[Page 199-200]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
 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.--Table of Contents
 
Sec. 46.2  Definitions.

    The following definitions apply in this part:
    (a) Act means the Federal Mine Safety and Health Act of 1977.
    (b) Competent person means a person designated by the production-
operator or independent contractor who has the ability, training, 
knowledge, or experience to provide training to miners in his or her 
area of expertise. The competent person must be able both to effectively 
communicate the training subject to miners and to evaluate whether the 
training given to miners is effective.
    (c) Equivalent experience means work experience where the person 
performed duties similar to duties performed in mining operations at 
surface mines. Such experience may include, but is not limited to, work 
as a heavy equipment operator, truck driver, skilled craftsman, or plant 
operator.
    (d)(1) Experienced miner means:
    (i) A person who is employed as a miner on April 14, 1999;
    (ii) A person who has at least 12 months of cumulative surface 
mining or equivalent experience on or before October 2, 2000;
    (iii) A person who began employment as a miner after April 14, 1999, 
but before October 2, 2000 and who has received new miner training under 
Sec. 48.25 of this title or under proposed requirements published April 
14, 1999, which are available from the Office of Standards, Regulations 
and Variances, MSHA, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 
22209-3939; or
    (iv) A person employed as a miner on or after October 2, 2000 who 
has completed 24 hours of new miner training under Sec. 46.5 of this 
part or under Sec. 48.25 of this title and who has at least 12 
cumulative months of surface mining or equivalent experience.
    (2) Once a miner is an experienced miner under this section, the 
miner will retain that status permanently.
    (e) Independent contractor means any person, partnership, 
corporation, subsidiary of a corporation, firm, association, or other 
organization that contracts to perform services at a mine under this 
part.
    (f) Mine site means an area of the mine where mining operations 
occur.
    (g)(1) Miner means:
    (i) Any person, including any operator or supervisor, who works at a 
mine and who is engaged in mining operations. This definition includes 
independent contractors and employees of independent contractors who are 
engaged in mining operations; and
    (ii) Any construction worker who is exposed to hazards of mining 
operations.
    (2) The definition of ``miner'' does not include scientific workers; 
delivery workers; customers (including commercial over-the-road truck 
drivers); vendors; or visitors. This definition

[[Page 200]]

also does not include maintenance or service workers who do not work at 
a mine site for frequent or extended periods.
    (h) Mining operations means mine development, drilling, blasting, 
extraction, milling, crushing, screening, or sizing of minerals at a 
mine; maintenance and repair of mining equipment; and associated haulage 
of materials within the mine from these activities.
    (i) New miner means a person who is beginning employment as a miner 
with a production-operator or independent contractor and who is not an 
experienced miner.
    (j) Newly hired experienced miner means an experienced miner who is 
beginning employment with a production-operator or independent 
contractor. Experienced miners who move from one mine to another, such 
as drillers and blasters, but who remain employed by the same 
production-operator or independent contractor are not considered newly 
hired experienced miners.
    (k) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work, including the sixth or seventh working 
day if such a work schedule has been established for a sufficient period 
of time to be accepted as the common practice of the production-operator 
or independent contractor, as applicable.
    (l) Operator means any production-operator, or any independent 
contractor whose employees perform services at a mine.
    (m) Production-operator means any owner, lessee, or other person who 
operates, controls, or supervises a mine under this part.
    (n) Task means a work assignment or component of a job that requires 
specific job knowledge or experience.
    (o) We or us means the Mine Safety and Health Administration (MSHA).
    (p) You means production-operators and independent contractors.

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002]