MSHA Terms and Definitions

Understanding MSHA-specific terms and definitions plays a key role in MSHA Part 46 training. Those taking MSHA training courses can use this information to supplement their online learning.

Per the MSHA Part 46 Code of Federal Regulations, the following definitions apply:

MSHA Act: The Federal Mine Safety and Health Act of 1977.

MSHA Part 46: Part 46 is included in CFR Title 30 Mineral Resources. It covers the mandatory training and training documentation requirements at certain mine sites, listed below.

Mine sites included in MSHA Part 46: Miners engaged in shell dredging, or employed at sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mines.

Miner: 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.

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.

New miner: A person who is beginning employment as a miner with a production-operator or independent contractor and who is not an experienced miner.

Experienced miner:

• Was employed as a miner on or before April 14, 1999
• Has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000
• Began employment as a miner after April 14, 1999, but before October 2, 2000 and who has received new miner training under Title 30 Part 46
• Was employed as a miner on or after October 2, 2000 and who has completed 24 hours of new miner training under Title 30 Part 46 and who has at least 12 cumulative months of surface mining or equivalent experience

Once a miner is an experienced miner under this section, the miner will retain that status permanently.

Newly hired experienced miner: An experienced miner who is beginning employment with a production-operator or independent contractor. Experienced miners who move from one mine to another, such as drillers and blasters, but who remain employed by the same production-operator or independent contractor are not considered newly hired experienced miners.

Independent contractor: Any person, partnership, corporation, subsidiary of a corporation, firm, association, or other organization that contracts to perform services at a mine under this part.

MSHA Part 46 Training Plan: A mandatory written plan that contains effective programs (see below) for training new miners and newly hired experienced miners, training miners for new tasks, annual refresher training, and site-specific hazard awareness training. Mine operators regulated by Part 46 must develop and implement a Training Plan as part of their training program.

MSHA Part 46 Training Program: A training program is a set of training on specific topics (mandated by Part 46) that must be delivered to different workers and/or to workers at different times. These training programs are:

• New Miner Training Program
• Newly Hired Experienced Miner Training Program
• New Task Training Programs (one for each new task)
• Annual Refresher Training Program
• Site-Specific Hazard Awareness

Competent person: A person designated by the production-operator or independent contractor who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. The competent person must be able both to effectively communicate the training subject to miners and to evaluate whether the training given to miners is effective.

Equivalent experience: Work experience where the person performed duties similar to duties performed in mining operations at surface mines. Such experience may include, but is not limited to, work as a heavy equipment operator, truck driver, skilled craftsman, or plant operator.

Mine site: An area of the mine where mining operations occur.

Mining operations: 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.

Normal working hours: A period of time during which a miner is otherwise scheduled to work, including the sixth or seventh working day if such a work schedule has been established for a sufficient period of time to be accepted as the common practice of the production-operator or independent contractor, as applicable.

Operator: Any production-operator, or any independent contractor whose employees perform services at a mine.

Production-operator: Any owner, lessee, or other person who operates, controls, or supervises a mine under this part.

Task: A work assignment or component of a job that requires specific job knowledge or experience.