[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: 30CFR46.9]

[Page 205-206]
 
                       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. 46.9  Records of training.

    (a) You must record and certify on MSHA Form 5000-23, or on a form 
that contains the information listed in paragraph (b) of this section, 
that each miner has received training required under this part.
    (b) The form must include:
    (1) The printed full name of the person trained;
    (2) The type of training, the duration of the training, the date the 
training was received, the name of the competent person who provided the 
training:
    (3) The name of the mine or independent contractor, MSHA mine 
identification number or independent contractor identification number, 
and location of training (if an institution, the name and address of the 
institution).
    (4) The statement, ``False certification is punishable under 
Sec. 110(a) and (f) of the Federal Mine Safety and Health Act,'' printed 
in bold letters and in a conspicuous manner; and
    (5) A statement signed by the person designated in the MSHA-approved 
training plan for the mine as responsible for health and safety 
training, that states ``I certify that the above training has been 
completed.''
    (c) You must make a record of training under paragraphs (b)(1) 
through (b)(4) of this section--

[[Page 206]]

    (1) For new miner training under Sec. 46.5, no later than--
    (i) when the miner begins work at the mine as required under 
Sec. 46.5(b);
    (ii) 60 calendar days after the miner begins work at the mine as 
required under Sec. 46.5(c); and
    (iii) 90 calendar days after the miner begins work at the mine as 
required under Sec. 46.5(d), if applicable.
    (2) For newly hired experienced miner training under Sec. 46.6, no 
later than--
    (i) when the miner begins work at the mine; and
    (ii) 60 calendar days after the miner begins work at the mine.
    (3) Upon completion of new task training under Sec. 46.7;
    (4) After each session of annual refresher training under Sec. 46.8; 
and
    (5) Upon completion by miners of site-specific hazard awareness 
training under Sec. 46.11.
    (d) You must ensure that all records of training under paragraphs 
(c)(1) through (c)(5) of this section are certified under paragraph 
(b)(5) of this section and a copy provided to the miner--
    (1) Upon completion of the 24 hours of new miner training;
    (2) Upon completion of newly hired experienced miner training;
    (3) At least once every 12 months for new task training, or upon 
request by the miner, if applicable;
    (4) Upon completion of the 8 hours of annual refresher training; and
    (5) Upon completion by miners of site-specific hazard awareness 
training.
    (e) False certification that training was completed is punishable 
under Sec. 110(a) and (f) of the Act.
    (f) When a miner leaves your employ, you must provide each miner 
with a copy of his or her training records and certificates upon 
request.
    (g) You must make available at the mine a copy of each miner's 
training records and certificates for inspection by us and for 
examination by miners and their representatives. If training 
certificates are not maintained at the mine, you must be able to provide 
the certificates upon request by us, miners, or their representatives.
    (h) You must maintain copies of training certificates and training 
records for each currently employed miner during his or her employment, 
except records and certificates of annual refresher training under 
Sec. 46.8, which you must maintain for only two years. You must maintain 
copies of training certificates and training records for at least 60 
calendar days after a miner terminates employment.
    (i) You are not required to make records under this section of site-
specific hazard awareness training you provide under Sec. 46.11 of this 
part to persons who are not miners under Sec. 46.2. However, you must be 
able to provide evidence to us, upon request, that the training was 
provided, such as the training materials that are used; copies of 
written information distributed to persons upon their arrival at the 
mine; or visitor log books that indicate that training has been 
provided.