MSHA Part 46 Training Requirements for Contractors

msha-part-46-trainining-contractors-imageWhen a contractor is working at a surface mine, it brings up a lot of questions regarding the MSHA Part 46 training requirements for contractors. For example, who’s responsible for what in terms of providing the MSHA Part 46 safety training? And, of course, there are questions about the type of training the contractor needs to receive, who pays, etc.

If you don’t know all the ins and outs of this issue now, you will by the time you finish this article. So let’s get started with this overview of MSHA Part 46 training for contract employees.

To help you answer more MSHA-related questions, we’ve put a free Guide to MSHA Training Requirements at the bottom of this article, too.

Who’s Who in the MSHA Part 46 Contractor Training Picture

There are three roles to consider in this discussion. They are listed and defined below:

The production-operator: As defined in 46.2(2)(m), this is “any owner, lessee, or other person who operates, controls, or supervises a mine under this part.

The independent contractor: As defined in 46.2(2)(e), this is “…any person, partnership, corporation, subsidiary of a corporation, firm, association, or other organization that contracts to perform services at a mine under this part.

Employees of the independent contractor who work at a mine site: These are the people who work for the independent contractors defined immediately above and who work at a mine site where Part 46 training requirements apply. These employees are considered “miners” as explained in 46.2(g)(1)(i) and (ii)–“Any person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations; and any construction worker who is exposed to hazards of mining operations.

That may make you wonder what “mining operations” means. Here’s how that’s defined in 46.2(h): “Mining operations means mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities.


The Production-Operator’s MSHA Part 46 Requirements for Contractor Training

The production-operator has two primary responsibilities when it comes to the employees of independent contractors who will be working at their site as miners.

  • The first is that the “production-operator has primary responsibility for ensuring that site-specific hazard awareness training is given to employees of independent contractors who are required to receive such training under 46.11…”. That’s from 46.12(a)(1). You can read more about the Part 46 requirements for site-specific hazard awareness training here.
  • The second is to “provide information to each independent contractor who employs a person at the mine on site-specific mine hazards and the obligation of the contractor to comply with our (‘our’ means ‘MSHA” there) regulations, including the requirements of this part.” That’s from 46.12(a)(2).

The Independent Contractor’s MSHA Part 46 Requirements for Contractor Training

Now let’s look at the independent contractor’s responsibilities for Part 46 training for his or her workers (who are considered “miners” under 46.2).

  • The independent contractorhas primary responsibility for complying with 46.3 through 46.10 of this part, including providing new miner training, newly hired experienced miner training, new task training, and annual refresher training.” That quote’s from 46.12(b)(1), and those links take you to the MSHA site that explains each of those Part 46 training programs in more detail.
  • In addition, the independent contractormust inform the production-operator of any hazards of which the contractor is aware that may be created by the performance of the contractors work at the mine.

Note that because 46.12(b)(1) says the independent contractor is responsible for complying with 46.3-46.10, that includes creating a training plan (46.3) and keeping records of training (46.9).

Who Pays the Contractors While They’re Training and How Much?

The independent contractor.

In 46.12(b)(1), it says the “independent contractor…has primary responsibility for complying with 46.3-46.10,” and in 46.10 it says “Training must be conducted during normal working hours. Persons required to receive training must be paid at a rate of pay that corresponds to the rate of pay they would have received had they been performing their normal work tasks.


Conclusion: MSHA Part 46 Training for Contractors

That’s our little overview of MSHA Part 46 training for contractors. If you had some questions or confusion before, we hope we’ve addressed them. Of course, feel free to use the comments section below to write any of your own thoughts or other questions–we’d love to hear from you.

If you need help creating and delivering MSHA training to contractors, miners, and other employees, check out the following links:

Here’s a short, two-minute video overview of our LMS for Mining Safety/MSHA Compliance, a tool that can help you with your MSHA Part 46 safety training and compliance.

And this free guide gives you more information about MSHA Training Requirements and how you can use online tools to comply.

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MSHA Training Guide and Online Training Tools

Download our free guide to learn about MSHA, the MSHA Part 46 and 48 training requirements, and how to use online tools to satisfy MSHA Parts 46 and 48.

Download Free Guide

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Jeffrey Dalto

Jeffrey Dalto

Jeffrey Dalto is an Instructional Designer and the Senior Learning & Development Specialist at Convergence Training. He's worked in training/learning & development for 25 years, in safety and safety training for more than 10, is an OSHA Authorized Outreach Trainer for General Industry OSHA 10 and 30, has completed a General Industry Safety and Health Specialist Certificate from the University of Washington/Pacific Northwest OSHA Education Center and an Instructional Design certification from the Association of Talent Development (ATD), and is a member of the committee creating the upcoming ANSI/ASSP Z490.2 national standard on online environmental, health, and safety training. Jeff frequently writes for magazines related to safety, safety training, and training and frequently speaks at conferences on the same issues, including the Washington Governor's Safety and Health Conference, the Oregon Governor's Occupational Safety and Health Conference, the Wisconsin Safety Conference, the MSHA Training Resources Applied to Mining (TRAM) Conference, and others.

12 thoughts on “MSHA Part 46 Training Requirements for Contractors

  1. Hi Jeffrey,
    So if I understand you correctly, if my company is hired to put up a steel building on a mine site, that’s it, I am going to need over 14 hours of training for each person I put on that site? In addition, I will have to put them through a site-specific training once they arrive onsite?
    It would sure seem to me that they are Non-Miners.
    Please let me know if that is correct.
    Best,
    Joe Perrone, EMT-D

    1. Hi, Joe,

      Good question.

      To answer, I’d refer you to the Part 46 regulation: https://www.ecfr.gov/cgi-bin/text-idx?SID=ecdac7a96b9cc159ef296bbe3bd34be2&mc=true&node=se30.1.46_12&rgn=div8

      In particular, check out 46.29(g)(1), which I’ve copied below.

      “(g)(1) Miner means:

      (i) Any person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations; and

      (ii) Any construction worker who is exposed to hazards of mining operations.”

      If you’d like to chat about this more, let us know.

  2. Joe, I asked one of my coworkers to follow up with you using the email you left here as well.

    I replied first because it was before office hours, but it’s 8 am here now and folks are in the office, so you’ll be hearing from my coworker shortly. He’ll be able to more fully explain and to answer any additional related questions you may have.

    Good luck and I hope it helps!

  3. In case Joe sees this blog post comments section before he checks his email inbox, or for the benefit of anyone else who’s reading along at home, here’s a fuller reply my coworker Bjorn Ansbro (the Marketing Director here at Convergence) sent to Joe via email. We hope this is helpful to Joe but also of course anyone else reading along.

    “I’ll first qualify anything I contribute with two pieces of information:

    1. It’s always best to get information, clarification, and official interpretations re. the regulations directly from MSHA. There should be state-level offices with MSHA representatives available to offer feedback.
    2. The mine operator for whom your company will be performing the work will likely have the final say. So, connecting directly with them as well is extremely wise. With the exception of law enforcement and MSHA inspectors, MSHA affords mine operators the authority to allow or deny access to their site at their discretion. And from my experience, mine operators are averse to liability exposure, tending toward even more strict adherence to MSHA training regulations for contract workers.

    And these two documents are important reference for understanding what your training and documentation requirements are for MSHA Part 46 as a contractor.

    · Title 30 CFR – Part 46
    · INTERPRETATION AND GUIDELINES ON ENFORCEMENT OF THE 1977 ACT

    After confirming if you’ll be performing work at a Part 46 or Part 48 mine, your next step should be to have a clear understanding of how MSHA defines an “independent contractor.” Please note that if your company and its workers are considered independent contractors while performing construction work, your workers will be required to complete a minimum of 24 hours of MSHA new miner training. Just like a miner. MSHA makes no distinction between miners and contractors at that point.

    46.2(g) “Miner”
    A miner is a person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations; and construction workers who are exposed to hazards of mining operations for frequent or extended periods.
    The definition of “miner” does not include scientific workers; delivery workers; customers (including commercial over-the-road truck drivers); vendors; or visitors.
    Commercial over the road truck drivers are required to have Site-specific Hazard Awareness Training. Part 46 affords operators the discretion to tailor Site-specific Hazard Awareness Training to the unique operations and conditions at their mines. However, the training must in all cases be sufficient to alert affected persons to site-specific hazards. Under Part 46, Hazard Awareness training is intended to be appropriate for the individual who is receiving it and that the breadth and depth of training vary depending on the skills, background, and job duties of the recipient.
    This definition of “miner” also does not include maintenance or service workers who do not work at a mine site for frequent or extended periods.
    “Frequent” exposure is defined as a pattern of exposure to hazards at mining operations occurring intermittently and repeatedly over time. “Extended” exposure means exposure to hazards at mining operations of more than five consecutive work days.

    I know that it can sound excessive for contractors to be required to complete 24 hours of training, just like a new miner. And in reality, we all know that construction workers are not miners, but from a regulatory standpoint, MSHA treats them the same.

    So, the likelihood is that both the MSHA regulations and the mine operator will require your workers to show documentation that verifies completion of MSHA Part 46 new miner training (assuming the site falls under Part 46 regulations) prior to performing work at the mine.

    Hopefully that helps offer some guidance toward staying compliant. Again, the mine operator and MSHA themselves will be your ultimate resources for next steps. But I’m always happy to offer help along the way.

    Best of luck!”

  4. Are you required to do the refresher course if you are a contractor that will be inspecting a piece of equipment and will be on the mine property for under 8 hours

    1. Anna, I spoke with someone here in-house with more experience on MSHA Part 46 than myself and here’s what he said:

      “If you are a mining contractor, who’s completed New Miner training and expects to continue performing work at a mine, it would be wise to remain compliant by maintaining your Annual Refresher training in accordance with MSHA regulations.”

      However, the regulation itself says this:

      “(g)(2) The definition of “miner” does not include scientific workers; delivery workers;
      customers (including commercial over-the-road truck drivers); vendors; or
      visitors. This definition also does not include maintenance or service workers
      who do not work at a mine site for frequent or extended periods. ”

      The point of your question, as I understand it, is whether you have to do this based on being at the mine site for a visit that’s not frequent nor extended. And I can see how you’d make the argument that is your case (not frequent, not extended).

      For clarification, it’s always best to go directly to MSHA. I’d recommend contacting your appropriate MSHA district office. Find their contact information here: https://arlweb.msha.gov/district/disthome.htm

      And good luck! And feel free to come back here and let us know what you hear.

  5. Jeffrey, I have some questions on paying the miners for their New Miner. If having their New Miner is a pre-requisite to getting a job with our, and they get their training through their own choice of training schools, prior to being hired by us, are we required to reimburse them once they are hired on through our Company?

    1. Hi, Heather,

      Thanks for writing.

      To be 100% honest, I’m not sure that I know the answer to your question.

      I think your company COULD run into some hot water by requiring new employees to have completed their Part 46 New Miner Training as a pre-requisite for employment. I’ll copy some sections of the Part 46 regulation below to support that concern:

      Ҥ46.5 New miner training.
      (a) Except as provided in paragraphs (f) and (g) of this section, you must provide each new miner with no less than 24 hours of training as prescribed by paragraphs (b), (c), and (d). Miners who have not yet received the full 24 hours of new miner training must work where an experienced miner can observe that the new miner is performing his or her work in a safe and healthful manner.”

      My point about the section above is it says “you.”

      “(b) Before a new miner begins work at the mine—You must provide the miner with no less than 4 hours of training in the following subjects, which must also address site-specific hazards:
      (1) An introduction to the work environment, including a visit and tour of the mine, or portions of the mine that are representative of the entire mine (walkaround training). The method of mining or operation utilized must be explained and observed;”

      My point about the quote above is that it calls for an introduction to the work environment, which is something an external third-party presumably couldn’t provide.

      Ҥ46.10 Compensation for training.
      (a) Training must be conducted during normal working hours. Persons required to receive training must be paid at a rate of pay that corresponds to the rate of pay they would have received had they been performing their normal work tasks.”

      And my points about the quote above is that it says training must take place during normal work hours and the employee must be compensated for those work hours during which training is completed.

      I think that one COULD look at 46.5(f) to support your company’s pre-requisite for employment:

      “(f) A new miner who has less than 12 cumulative months of surface mining or equivalent experience and has completed new miner training under this section or under §48.25 of this title within 36 months before beginning work at the mine does not have to repeat new miner training. However, you must provide the miner with training specified in paragraph (b) of this section before the miner begins work at the mine.”

      Technically, a brand new hire with no experience WOULD have less than 12 cumulative months of surface mining experience, so one could argue this applies, but I’m not sure if that’s the “spirit” of the regulation and I’m not sure how an MSHA inspector would interpret that (but think it’s possible they wouldn’t be persuaded).

      What I’d recommend is contacting your local MSHA District Office and asking for clarification. Here’s a URL that lists them all: https://arlweb.msha.gov/district/disthome.htm

      Let us know if you still have questions. I’ll try contacting you via email too. Good luck!

      1. Can a msha inspector demand inspection of a mobile mechanic truck that has not performed any work. Only went on site to look at a part. Inspector chase him down to inspect the truck and he neber left the vehicle and was leaving. And told the inspector no f off. Inspector cited company for 301a . And when owner went to site to see inspector asked to inspect a differeent truck and said no. Only the truck he saw. Citation was given on public property as well and inspection he is requesting will take place on public property.

        1. Joe,

          This question is probably a little outside the area of my expertise. I’m not a great expert on what an MSHA inspector can/can’t do, we primarily focus on MSHA-required training. I’d suggest you check in with a lawyer. Let us know what you learn and good luck.

  6. How does a contractor performing strictly maintenance on equipment at a facility receive the 16 hr onsite training to complete the 24 hr training?

    1. Doug, good question.

      As a contractor (for MSHA Part 46 training at surface mines), you’re not required to complete 16 hours onsite. You can do it entirely offsite and online.

      However, you’ll want to have someone “proxy” you to be sure you’re taking the training and to answer any questions you have. That person would not have to be someone who works for the mine. It would be someone who works for your own (contracting) company. That person plays the “Person Responsible for Health and Safety Training” role as described in Part 46. That same person will also sign your certificate.

      Hope that helps!

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