[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: 30CFR48.2]

[Page 217]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 48--TRAINING AND RETRAINING OF MINERS--Table of Contents
 
        Subpart A--Training and Retraining of Underground Miners
 
Sec. 48.2  Definitions.

    For the purposes of this subpart A--
    (a)(1) Miner means, for purposes of Secs. 48.3 through 48.10 of this 
subpart A, any person working in an underground mine and who is engaged 
in the extraction and production process, or who is regularly exposed to 
mine hazards, or who is a maintenance or service worker employed by the 
operator or a maintenance or service worker contracted by the operator 
to work at the mine for frequent or extended periods. This definition 
shall include the operator if the operator works underground on a 
continuing, even if irregular, basis. Short term, specialized contact 
workers, such as drillers and blasters, who are engaged in the 
extraction and production process and who have received training under 
Sec. 48.6 (Experienced miner training) of this subpart A may, in lieu of 
subsequent training under that section for each new employment, receive 
training under Sec. 48.11 (Hazard training) of this subpart A. This 
definition does not include:
    (i) Workers under subpart C of this part 48, including shaft and 
slope workers, workers engaged in construction activities ancillary to 
shaft and slope sinking, and workers engaged in the construction of 
major additions to an existing mine which requires the mine to cease 
operations;
    (ii) Any person covered under paragraph (a)(2) of this section.
    (2) Miner means, for purposes of Sec. 48.11 (Hazard training) of 
this subpart A, any person working in an underground mine, including any 
delivery, office, or scientific worker or occasional, short-term 
maintenance or service worker contracted by the operator, and any 
student engaged in academic projects involving his or her extended 
presence at the mine. This definition excludes persons covered under 
paragraph (a)(1) of this section and subpart C of this part.
    (b) Experienced miner means:
    (1) A miner who has completed MSHA-approved new miner training for 
underground miners or training acceptable to MSHA from a State agency 
and who has had at least 12 months of underground mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as an underground supervisor 
on October 6, 1998; or
    (3) An experienced underground miner on February 3, 1999.
    (c) New miner means a miner who is not an experienced miner.
    (d) Normal working hours means a period of time during which a miner 
is otherwise scheduled to work. This definition does not preclude 
scheduling training classes on 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 operator's common practice. Miners shall be paid at a 
rate of pay which shall correspond to the rate of pay they would have 
received had they been performing their normal work tasks.
    (e) Operator means any owner, lessee, or other person who operates, 
controls or supervises an underground mine; or any independent 
contractor identified as an operator performing services or construction 
at such mine.
    (f) Task means a work assignment that includes duties of a job that 
occur on a regular basis and which requires physical abilities and job 
knowledge.
    (g) Act means the Federal Mine Safety and Health Act of 1977.

[43 FR 47459, Oct. 13, 1978, as amended at 63 FR 53759, Oct. 6, 1998]

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