[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: 30CFR48.22]

[Page 226-227]
 
                       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 B--Training and Retraining of Miners Working at Surface Mines 
                 and Surface Areas of Underground Mines
 
Sec. 48.22  Definitions.

    For the purposes of this subpart B--

[[Page 227]]

    (a)(1) Miner means, for purposes of Secs. 48.23 through 48.30 of 
this subpart B, any person working in a surface mine or surface areas of 
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 at the mine on a continuing, even if irregular, 
basis. Short-term, specialized contract workers, such as drillers and 
blasters, who are engaged in the extraction and production process and 
who have received training under Sec. 48.26 (Experienced miner training) 
of this subpart B, may in lieu of subsequent training under that section 
for each new employment, receive training under Sec. 48.31 (Hazard 
training) of this subpart B. This definition does not include:
    (i) Construction workers and shaft and slope workers under subpart C 
of this Part 48;
    (ii) Any person covered under paragraph (a)(2) of this section.
    (2) Miner means, for purposes of Sec. 48.31 (Hazard training) of 
this subpart B, any person working in a surface 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 
surface miners or training acceptable to MSHA from a State agency and 
who has had at least 12 months of surface mining experience; or
    (2) A supervisor who is certified under an MSHA-approved State 
certification program and who is employed as a surface supervisor on 
October 6, 1998; or
    (3) An experienced surface 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 a surface mine or surface area of an underground 
mine; or any independent contractor identified as an operator performing 
services or construction at such time.
    (f) Task means a work assignment that includes duties of a job that 
occur on a regular basis and which requires physical abilitities and job 
knowledge.
    (g) Act means the Federal Mine Safety and Health Act of 1977.

[43 FR 47459, Oct. 13, 1978; 44 FR 1980, Jan. 9, 1979, as amended at 63 
FR 53759, 53760, Oct. 6, 1998]