The Experienced Hire and the 14-Month Layoff
A surface copper mine covered by Part 48 Subpart B hires Priya, who has 10 years of experience at another surface metal mine. Priya's previous operator provides a training record showing 24 hours of new miner training and annual refreshers through last year. The mine wants to put her on a haul truck immediately and give her only the 8-hour annual refresher, arguing that her prior training satisfies the new miner requirement. Separately, current miner Tom has been on unpaid leave for 14 months because of a non-mining injury. Tom's last annual refresher was 15 months ago. The mine plans to have Tom return next week and to schedule his refresher at the next quarterly class in six weeks. The safety manager asks whether either plan is compliant and what training must be documented before each miner works.
1. Can Priya be treated as an experienced miner and receive only the 8-hour refresher? What training must she receive before work?
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Priya should not be treated as a brand-new miner if her experience and training are verified, but she also cannot receive only the annual refresher. Part 48 allows credit for prior training and experience, but the operator must provide the experienced-miner training required by its approved plan, plus site-specific training and task training for the haul truck. The 8-hour annual refresher is not a substitute for that site-specific and task training. Before Priya works, the operator must document her prior training, deliver the required site-specific hazards training, and evaluate her competence on the task. If the plan requires 8 hours of experienced-miner training, that must be completed as well.
2. What about Tom? Can his refresher wait six weeks?
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Tom's refresher cannot wait six weeks. Annual refresher training is required within 12 months of the last refresher; Tom is already at 15 months. He must complete the 8-hour refresher before returning to work. His 14-month absence does not automatically make him a new miner, but it does mean he is overdue. The operator should schedule the refresher before his return date, not at the next quarterly class. If Tom performs safety-sensitive work before refresher, the operator is exposed to a citation and Tom is exposed to unaddressed hazards.
3. What records must be kept for Priya and Tom, and for how long?
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Keep training records for each miner showing the date, subjects, instructor, and duration, and retain them as required (generally at least two years). For Priya, keep the prior operator's training record, the site-specific training record, and the task-training evaluation. For Tom, keep the refresher record dated before his return. Also keep the approved Part 48 plan and instructor approval documentation. Records should be available to MSHA and miners.