[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: 30CFR75.100]

[Page 456]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of Contents
 
               Subpart B--Qualified and Certified Persons
 
Sec. 75.100  Certified person.


    (a) The provisions of Subpart D--Ventilation of this part 75 require 
that certain examinations and tests be made by a certified person. A 
certified person within the meaning of those provisions is a person who 
has been certified as a mine foreman (mine manager), an assistant mine 
foreman (section foreman), or a preshift examiner (mine examiner). A 
person who has been so certified is also a qualified person within the 
meaning of those provisions of subpart D of this part which require that 
certain tests be made by a qualified person and within the meaning of 
Sec. 75.1106.
    (b) A person who is certified as a mine foreman, an assistant mine 
foreman, or a preshift examiner by the State in which the coal mine is 
located is, to the extent of the State's certification, a certified 
person within the meaning of the provisions of subpart D of this part 
and Sec. 75.1106 referred to in paragraph (a) of this section.
    (c)(1) The Secretary may certify persons in the categories of mine 
foreman, assistant mine foreman, and preshift examiner whenever the 
State in which persons are presently employed in these categories does 
not provide for such certification. A person's initial certification by 
MSHA is valid for as long as the person continues to satisfy the 
requirements necessary to obtain the certification and is employed at 
the same coal mine or by the same independent contractor. The mine 
operator or independent contractor shall make an application which 
satisfactorily shows that each such person has had at least 2 years 
underground experience in a coal mine, and has held the position of mine 
foreman, assistant mine foreman, or preshift examiner for a period of 6 
months immediately preceding the filing of the application, and is 
qualified to test for methane and for oxygen deficiency. Applications 
for Secretarial certification should be submitted in writing to the 
Health and Safety Activity, Mine Safety and Health Administration, 
Certification and Qualification Center, P.O. Box 25367, Denver Federal 
Center, Denver, Colorado 80225.
    (2) A person certified by the Secretary under this paragraph will be 
a certified person, within the meaning of the provisions for subpart D 
of this part and Sec. 75.1106 referred to in paragraph (a) of this 
section, as long as that person continues to satisfy the requirements 
for qualification or certification and is employed at the same coal mine 
or by the same independent contractor.

[35 FR 17890, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 
54 FR 30514, July 20, 1989]