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DOL/MSHA

RIN: 1219-AB17

Publication ID: Spring 1999

Title: ●Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand, Gravel Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines
Abstract: Section 115 of the Federal Mine Safety and Health Act of 1977 requires that each mine operator have a health and safety training program, and that new miners at surface mines receive no less than 24 hours of health and safety training. On October 13, 1978, MSHA published regulations at 30 CFR part 48 that implemented the miner training provisions. In 1979, various segments of the metal and nonmetal mining industry raised concerns with Congress regarding the appropriateness of applying the requirements of part 48 to their operations. Congress responded by inserting language in the Department of Labor's appropriations bill for fiscal year 1980 that prohibited the expenditure of appropriated funds to carry out Section 115 of the Mine Act relating to the enforcement of any training requirements with respect to shell dredging, sand, gravel, surface stone, surface clay, colloidal phosphate or surface limestone mines ("exempted industries"). Over the last several years, the number of fatalities at the exempted industries has increased steadily. In addition, MSHA's fatal accident investigations have shown that the majority of victims at the exempted industries have not received safety and health training in accordance with the Mine Act. Congress has included language in MSHA's Fiscal Year 1999 appropriation that directs MSHA to promulgate training regulations that are appropriate for the exempted industries. The proposed rule would implement the training and retraining requirements contained in the Mine Act for the identified segments of the mining industry.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 30 CFR 46
Legal Authority: 30 USC 811 30 USC 825

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		09/30/1999

Timetable:

Action	Date	FR Cite
Notice of Public Hearings	11/03/1998	63 FR 59258
NPRM	04/00/1999
Final Action	09/00/1999

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Local, State, Tribal
Small Entities Affected: Businesses
Included in the Regulatory Plan: No
Agency Contact: Marvin W. Nichols Jr. Director, Office of Standards Department of Labor Mine Safety and Health Administration Room 2352, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Phone:202 693-9440 Fax:202 693-9441 Email: nichols-marvin@dol.gov