46.2—Definitions.

The following definitions apply in this part:

(a) Act means the Federal Mine Safety and Health Act of 1977.

(b) Competent person means 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.

(c) Equivalent experience means 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.

(d) (1) Experienced miner means:

(i) A person who is employed as a miner on April 14, 1999;

(ii) A person who has at least 12 months of cumulative surface mining or equivalent experience on or before October 2, 2000;

(iii) A person who began employment as a miner after April 14, 1999, but before October 2, 2000 and who has received new miner training under § 48.25 of this title or under proposed requirements published April 14, 1999, which are available from the Office of Standards, Regulations and Variances, MSHA, 1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939; or

(iv) A person employed as a miner on or after October 2, 2000 who has completed 24 hours of new miner training under § 46.5 of this part or under § 48.25 of this title and who has at least 12 cumulative months of surface mining or equivalent experience.

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

(e) Independent contractor means any person, partnership, corporation, subsidiary of a corporation, firm, association, or other organization that contracts to perform services at a mine under this part.

(f) Mine site means an area of the mine where mining operations occur.

(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.

(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.

(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.

(i) New miner means a person who is beginning employment as a miner with a production-operator or independent contractor and who is not an experienced miner.

(j) Newly hired experienced miner means 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.

(k) Normal working hours means 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.

(l) Operator means any production-operator, or any independent contractor whose employees perform services at a mine.

(m) Production-operator means any owner, lessee, or other person who operates, controls, or supervises a mine under this part.

(n) Task means a work assignment or component of a job that requires specific job knowledge or experience.

(o) We or us means the Mine Safety and Health Administration (MSHA).

(p) You means production-operators and independent contractors.

Code of Federal Regulations

[64 FR 53130, Sept. 30, 1999, as amended at 67 FR 38384, June 4, 2002]

CFR

46.2—Definitions.

Code of Federal Regulations