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MSHA New Miner Training study materials
MSHA New Miner Training study resources

MSHA New Miner Training: Part 48 vs. Part 46 Applicability and Jurisdiction

MSHA New Miner Training · Work through your exam, one topic at a time.

All guide sections

Part 48 vs. Part 46 Applicability and Jurisdiction

What this domain tests

This domain asks you to classify a mine under the correct MSHA training rule before you apply hours, plan approval, or instructor requirements. The choice is made by commodity and mining method, not by mine size, injury history, or the contractor's home-base safety program.

Core rules

  • 30 CFR Part 46 covers only: shell dredging; sand; gravel; surface stone; surface clay; colloidal phosphate; and surface limestone. These are often called Part 46 mines.
  • 30 CFR Part 48 covers every other mine: underground coal, surface coal, underground metal/nonmetal, surface metal mines such as gold, copper, and iron, and surface nonmetal mines not on the Part 46 list.
  • Part 46 is limited to surface operations. An underground limestone or underground stone mine is Part 48 even though the same commodity at the surface would be Part 46.
  • Independent contractors follow the part that applies to the mine where they are working; a contractor at a sand and gravel pit follows Part 46, while the same contractor at a surface gold mine follows Part 48.
  • The part controls basic training hours, annual refresher, training-plan approval, instructor qualification, and records.

Worked example

A company operates (1) a surface granite quarry, (2) a surface gold mine, and (3) an underground limestone mine. Granite is surface stone, so the quarry is Part 46. Gold is a metal not listed in Part 46, so the gold mine is Part 48. Limestone is listed, but only surface limestone; the underground limestone mine is Part 48. A contractor working at all three must apply the part of the site where it works, not one company-wide rule.

Traps

  • Treating Part 46 as the rule for "small" or "low-hazard" mines. It is a commodity list.
  • Applying Part 46 to underground limestone or underground stone.
  • Assuming a contractor's own written program decides the part.
  • Confusing surface stone (Part 46) with surface metal (Part 48).
  • Forgetting that Part 48 is the default when no Part 46 commodity applies.