Manager - Dave Carlson 906/487-2453, Email dcarlson@mtu.edu Mining Engineering Department

Clerk – Sue Nakkula 906/487-2272 Michigan Technological University

Program Director - Francis Otuonye 906/487-2610 Houghton, MI 49931

	Training and Trainers – current status.
	New Program Clerk
	Instructor and Supervisor Manuals Distributed to  All State Mines.
	Program Workshops and Services Currently Being Offered.
	Download Materials from the Program’s Internet Site.
	Training Certificate Forms – How to Obtain Form 5000-23 Booklets
	Part 46 Legal Concerns
	MSHA’s Internet Site

Training and Trainers – current status.

The Program has trained an abnormally-large number of miners during the first half of the current fiscal year which began October 1, 2000. We attribute this increase in miners trained to the requirements under the new 30CFR Part 46 Training Standard. The Program is currently using four certified trainers, all of whom are qualified to do either Part 46 or Part 48 training. These include: Phil Eggerding an employee of MTU, Sharon Regan-Brown from Gaylord, Ron Gradowski of Bay City who works for Ms. Regan-Brown’s company and Mitchell Turner from Owosso.

New Program Clerk

Sue Nakkula has replaced Mary Ewert who retired at the end of February, after being Program Clerk for the past 11 years. In addition to her normal clerical duties, Sue will be the contact person for the Program’s Training Materials Lending Library. Sue can be reached by calling 906/487-2272 or by email at sgnakkul@mtu.edu. A list of training materials, primarily videos, available on loan from the Program’s Lending Library, can be found on our Internet Site at mine-safety.mtu.edu or contact Sue to send you a copy.

Instructor and Supervisor Manuals Distributed to All of the State’s Mines

We recently mailed copies of our newly-updated “Surface Mine Instructor Reference and Trainee Review Manual” and our newly-published “Surface Mine Supervisor Safety & Health Manual” to all of the State’s mines. We also plan to make both manuals available by downloading from the Program’s Internet site (http://www.mine-safety.mtu.edu). This will be completed by the end of May. Both manuals are unique in the completeness with which they cover the topics presented and each represents a major undertaking by Program personnel.

The instructor manual has materials on most of the topics a trainer needs to cover in the various types of training required by the Part 46 and Part 48 standards, and could serve as a mine’s primary source of training information. The supervisor manual is an attempt to provide a stand-alone source of information  a surface mine operator needs to comply with MSHA standards. Both manuals reference sources of additional information on the topics presented.

Program Workshops and Services Currently Being Offered

In addition to both Part 46 and Part 48 training, the Program is currently offering workshops on various topics of interest to Michigan’s  mines. If you wish to set up a workshop in your area of the State or need other assistance, contact Dave Carlson (906/487-2453 or email dcarlson@mtu.edu).   These include:

Train-The-Trainer Workshops. Free train-the-trainer workshops throughout Michigan have been offered since September 2000 and will be offered until the end of June 2001. The workshops are designed  to help prepare mine “competent person” instructors conduct the various types of training required by the Part 46 standard.

Supervisor Workshops Planned for the Upcoming Summer. Program personnel are currently making plans to offer one-day supervisor training workshops during the upcoming summer. The objective will be for attendees to know their responsibilities and accountability under the mine act and to demonstrate a familiarity with and knowledge of the sources of information needed to comply with the standards.

Creative Training Techniques Seminar Being Planned. Program personnel are currently looking into having a one-day creative-training techniques seminar at a centralized location in Michigan The objective will be for attendees to be able to demonstrate their ability to use a number of new techniques in their training which increase its effectiveness. Information is currently being collected to determine what organization to use to put on the seminar. Decisions on cost per attendee, if any, will be determined when more information is available.

Other Part 46 Services The Program will continue to provide assistance to mine operators in Michigan in preparing or modifying their training plans. The simplest way to receive assistance is by telephone (906/487-2453). A complete training plan can be assembled in a phone conversation lasting ½ hour or less, so call if you need help.

Noise Sampling Workshops Free noise sampling workshops are being planned at five Michigan locations on the following dates:

An announcement was recently mailed to all the State’s mines. Please fax or mail the completed form back to us immediately if you plan to attend. Those who register will be informed of the site where the workshop will be held. If you did not get an announcement, contact Dave Carlson (phone - 906/487-2453, fax 906/487-2495 or email dcarlson@mtu.edu.

Download Materials from Our Program’s Internet Site.

The Program continues to add to the materials available through its Internet site (www.mine-safety.mtu.edu). Materials available for mine operators and trainers include:

Training Certificate Forms – How to Obtain Form 5000-23 Booklets

To order MSHA Form 5000-23 (Certificate of Training) please contact: George Greenwald by fax (304)256-3504 or email Greenwald-Henry@msha.gov

Many mine operators prefer to use this standard MSHA training certificate as a record for their training. The main advantage is that each certificate consists of an original and three copies.

 One disadvantage is that the form contains no space for indicating whether the training is Part 46 or Part 48, the training time, or the instructor’s name. It has been suggested that “Part 46”, for example, be printed in the upper right-hand corner of the form. The total time of training should be printed on the middle of the form right after the checkbox “Check if not completed etc.” such as “8 hours”. The instructor’s name should be listed on the bottom line of the form such as “instructor – Joe Teacher”. It  is also recommended that the trainee place his/her initials on the line designated for signature of person trained.

Part 46 Legal Concerns

A recent article by Adele L. Abrams in the March 2001 edition of Aggregates Manager brings out numerous concerns for mine operators who must comply with the recently-enacted Part 46 training requirements:.

1. Delegating an hourly worker as a competent person “could transform him or her into a corporate agent for purposes of Section 110 liability (individual penalties for violations involving aggravated conduct) and trainer negligence could be imputed to the mine operator.”  “MSHA has articulated a litigation position that training is a management function, and assigning this task to an hourly worker is akin to giving them supervisory authority of the safety and health of the work force”. Therefore, “to the extent possible, mine operators should consider designating only true supervisors as the competent persons listed on their training plans”.

2. Mine operators should “err on the side of caution and require all contractors to arrive on the mine site pre-trained (except for those contractors whose work is clearly short-duration and will not reoccur), and this requirement should be part of any contractor prequalification process”.

3. “Mine operators should be wary about providing comprehensive training to non-employees. This can expose both the mine operator and its trainers to third-party liability in the event of a contrator injury or fatality.”

4. “Mine operators and trainers must think defensively from the outset, maintaining good documentation of all training that is provided to non-employees, even though MSHA does not strictly require such records for site-specific hazard training.”

5. “MSHA has decided that drivers who have regular exposure to off-road haul truck traffic; exposure to highwalls; and exposure to hazards directly associated with the extraction of material will need the full 24 hours of Part 46 training”.

6. “The person responsible for safety and health training should verify with each competent person that the training was completed (with respect to duration, content and training materials) in accordance with the written training plan – and verify this before signing off on the 5000-23 (or other) form.”

7. “Mine operators should segregate training forms from other employee records to avoid invasion of privacy during an inspection.”

8. “Mine operators will be held accountable for training lapses of contractors on their sites, even if the contractors conduct their own training”.

MSHA’s Internet Site

The best place to find detailed information related to mine safety and health and MSHA requirements is on MSHA’s Internet Site (http://www.msha.gov). This site is continually updated and contains all of the standards, policy changes, program policy manuals, compliance guides etc. It also contains a complete catalog of training materials available from MSHA and a number of Powerpoint presentations that can be used in training. We highly recommend that Michigan mine operators become familiar with this Internet site and its contents.