The Plan That Was Never Approved (and Didn't Need to Be)
A 40-miner surface stone operation in Pennsylvania is covered by Part 46. Its training plan was last updated in 2019. It names two competent persons, lists the eight annual refresher topics, and states that new miners receive four hours before work and eight hours within 90 days. The plan is kept in the mine office but is not signed by the operator. The new mine manager, who previously worked at an underground coal mine, insists the plan must be sent to MSHA for approval before the next refresher class. He also wants to add a new competent person, Ray, who has 20 years of experience but no formal training. The safety clerk asks how long MSHA approval will take. During this discussion, an MSHA inspector arrives for a regular inspection and asks to see the training plan and records.
1. Must this Part 46 plan be approved by MSHA? What is the correct approval or maintenance process?
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No. Part 46 plans are operator-maintained, not MSHA-approved. The operator must keep the plan on site, make it available to miners and MSHA, and update it when conditions, personnel, or training methods change. MSHA does not issue an approval letter for a Part 46 plan; there is no approval waiting period. The manager's underground coal experience is leading him to apply Part 48 rules, where MSHA approval is required. Submitting this plan for approval is unnecessary and may delay training. The inspector can review the plan and cite deficiencies, but the absence of an MSHA approval letter is not itself a violation under Part 46.
2. What content deficiencies should be corrected, and what is the risk if the inspector finds them?
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Correct the following: identify the operator and the person responsible for the plan; list all competent persons and their qualifications; describe training courses, materials, and methods; state how training will be evaluated; identify where records are kept; and update the plan to reflect current conditions. The missing operator signature is an administrative weakness; Part 46 does not turn on a signature, but the plan must clearly identify the operator and responsible person. If the inspector finds the plan incomplete, MSHA can issue a citation under 46.3 and require correction. Training records must also be available; missing records can make it impossible to prove miners were trained.
3. Can Ray instruct as a competent person without formal training? What must be documented?
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Part 46 allows a competent person to instruct if the person has the knowledge, training, and experience to teach the subject and evaluate miners. Formal training is not always required, but Ray's 20 years alone does not automatically qualify him for every topic. The operator should document his experience, any training he has received, and the subjects he is competent to teach; then list him in the plan. If Ray cannot demonstrate competence for a topic, use another competent person or provide training. An MSHA approval letter for Ray is not required under Part 46, unlike Part 48 instructors.