MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

COAL MINE SAFETY AND HEALTH
GENERAL INSPECTION PROCEDURES HANDBOOK CHAPTER 3
copy shall be given to the miner violating the statutory provision. A copy shall
also be provided to the operator.
Special assessment under Section 110(g) of the Mine Act is mandatory for the
violations cited to miners related to smoking or the carrying of smoking
materials.
15. Petitions for Modification. Inspectors should identify all granted petitions for
modification when reviewing the UMF and evaluate them during the regular
inspection to determine if they are still warranted. If the final order requires
revisions to be implemented into the operator’s training plan, a review of the
training plan(s) should be conducted to assure those provisions have been
implemented and approved. The inspector(s), through their supervisor, should
notify the District Manager if a granted modification is no longer appropriate or
is not in use, in which case it should be considered for revocation. Mines which
are permanently abandoned and sealed should initiate the revocation process.
(Refer to the Petitions for Modification Handbook for further guidance.)
Documentation Required: If the inspector determines that granted modifications are
no longer appropriate or not in use, inspectors shall indicate on the inspector’s
certification form that the modification should be considered for revocation. Otherwise,
the inspectors’ documentation that the UMF was reviewed will suffice.
16. Review of Training Plans and Training Records. The inspector shall review a
representative number of training records (at least 10%) of all persons working
at the mine. If the review indicates 25% of the records reviewed have
deficiencies, then additional records shall be reviewed. If a 104(g) order is
issued, an Educational Field Services Specialist should conduct a follow-up, and
review each applicable approved training record for compliance with applicable
standards and approved plans. This inspection shall include all applicable Part
48 Subpart A, Part 48 Subpart B, Part 75, and Part 77 approved plans to
reasonably assure that proper training was given to the miners in accordance
with the operator’s approved plans. A thorough review of the training plans in
the UMF should be conducted before going to the mine.
The inspector shall:
a. Try to obtain a list of employees from the mine operator and contractor (if
applicable) containing names of employees, their hire date and classification;
b. Review the required number of MSHA Form 5000-23s or equivalent
approved form for completeness, including date, type of training, signature
of company representative, mine ID, address, etc., for a two-year period;
Release 1 (February 2013) 3-18