(A) In lieu of employing a certified mine foreperson in accordance with divisions (A) to (C) of section 1514.47 of the Revised Code and rule 1501:14-2-07 of the Administrative Code, the operator of a surface mining operation may, in accordance with division (D) of section 1514.47 of the Revised Code and this rule, submit to the chief a detailed training plan under which persons who qualify under the plan may conduct and document examinations at the surface mining operation for purposes of 30 C.F.R. part 56, as amended.
(1) To be eligible to participate in a training plan to become qualified under this rule, a person shall be able to read and write the English language and shall have had at least one year's experience working with or under the direction of a certified mine foreperson.
(2) The detailed training plan shall contain:
(a) The name, address, state and MSHA identification number of the operation;
(b) The name, position and work experience of each employee to be qualified under the plan;
(c) The name, position and work experience of each instructor who will be conducting training under the plan;
(d) An outline of the content for initial training;
(e) An outline of the content for continuing education; and
(f) An explanation of how the operator will provide documentation to the chief pursuant to paragraph (C)(2) of this rule.
(3) Training provided under the plan shall address the following subject matter:
(a) Identification and correction of hazards found by the qualified person;
(b) Reporting, documentation and follow up procedures to be followed by the qualified person concerning hazards and corrective actions;
(c) Safe work practices;
(d) Accident prevention, investigation, reporting and documentation;
(e) Medical care for injured miners;
(f) Training requirements under Chapter 1514. of the Revised Code and rules adopted pursuant thereto;
(g) Duties of a qualified person; and
(h) Requirements set forth in Chapter 1514. of the Revised Code and all mine safety rules adopted pursuant thereto.
(4) The length of initial training shall be a minimum of thirty-two hours, which shall include eight hours of in-class training and twenty-four hours of on-the-job training. The training hours specified need not be completed consecutively. Continuing education shall be a minimum of four hours each year.
(B) The chief shall review the plan and determine if the plan complies with the requirements established in these rules. The chief shall approve or not approve the plan and notify the operator, in writing, of his or her decision.
(1) A plan not approved by the chief shall be returned to the operator with an explanation of the reason(s) for non-approval.
(2) Any changes to an approved training plan must be submitted to the chief in writing and approved by the chief in writing prior to implementation.
(3) A copy of all approved training plans shall be kept at the mine site and made available to the chief upon request.
(C) After a detailed training plan is approved by the chief, an operator may train persons in accordance with the plan.
(1) When a qualified person is added to or removed from the list of persons who qualify under an approved training plan, the operator shall submit, in writing, within thirty days, an updated list of qualified persons at that operation to the chief.
(2) When a person at an operation completes initial and annual training under this rule to become or to remain qualified under the approved plan, the operator shall document such training, in writing, to the chief.
Five Year Review (FYR) Dates: 06/07/2016 and 08/22/2021
Promulgated Under: 119.03
Statutory Authority: 1514.40, 1514.47
Rule Amplifies: 1514.40, 1514.47
Prior Effective Dates: 9/17/10