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Do I need Part 46 Compliance?

When you do business on mine property, you not only fall under the rules of the mine, but you also fall under the jurisdiction of the Mine Safety and Health Administration (MSHA).  As an Independent Contractor on mining property, you are essentially a Mine Operator and can be charged as one despite your temporary nature and Contractor status.  In fact, MSHA can cite your company, the actual mine operator, or both for the same violations found.

Citations can not only be expensive and time-consuming to abate, but MSHA has the power to remove your employees or equipment from the mine as well.

With this said, MSHA does explain the requirements of who must be trained as Miners and comply with the documentation requirements of the Title 30 Code of Federal Regulations, Part 46 and Part 50:

  • First and foremost: If you will be working at Coal Mines, mines with any sections underground, or mines digging up a metal, you fall under Part 48 Standards which have different requirements for your training and compliance and I cannot help you.  If you will be working at locations that are Sand and Gravel Operations, Cement Plants, Stone or Rock Quarries, I am your guy (unless they have an underground section).

  • If you are a construction worker who is exposed to ANY mining hazards for any period of time, you must comply with the 30 CFR because you are considered a Miner and would benefit from my services.

  • If you are a scientific worker; delivery workers; over-the-road truck driver; customer; vendor; or visitor, you are NOT considered a Miner; as such, you do not need my services.

  • If your company already has a Contractor ID, even if it was years ago, you need my services.

  • If you perform work on a mine site and are exposed to ANY mining hazards for more than five consecutive days, you must comply and would benefit from my services.

  • If you perform work on a mine site and are exposed to ANY mining hazards on a frequent basis, you must comply.  Per the general consensus of the courts, frequent means, "a pattern occurring intermittently and repeatedly over time" - if you show up one day each month; on different sites throughout the year; or visit a mine site year after year, you are frequent and would benefit from my services.

  • If in doubt or you have any questions, just ask me and we will figure it out.


Okay, my workers are Miners and my company must comply, what does that actually mean?
If you are a contractor who must comply with the Part 46 and Part 50 requirements, you must:

  • Apply for an MSHA Contractor ID – You can do this on the MSHA website, or I can help you.

  • Have a Training Plan that complies with the MSHA requirements.  A Training Plan consists of stating who is responsible for the safety of everyone, who can provide training, how they will train, what they will train on, how long the training will be and when – I can take care of your Training Plan and design your weekly Tailgate Talks to comply with your training plan.

  • Train your employees.  All New Miners are required to have minimum training in seven areas before beginning work; review of First Aid methods and respirators within the next 60 days; and the remainder of the required 24 hours of New Miner training by the end of their first 90 calendar days.  I can train you and your people onsite if you are in the Chattanooga area, or train you through an online program that can knock out your initial training requirements (either the most basic four hours, or the starter eight).  In addition, my Tailgate Talks cover the requirements for First Aid and Respiratory training.

  • Document your training – Documentation is the key to compliance!  This is another area where I can help – a lot.

  • Document and submit your onsite working hours to MSHA every quarter – I will remind you to give me your hours worked, and I will submit them and provide you with documentation to put in your compliance book.  Failure to document your hours on time is one of the most cited Standards for contractors, and each missed or late filing brings a $121 automatic citation.

  • Document any accidents requiring medical aid – Another area I can help.

  • Yearly Annual Refresher Training.  Every year you are required to provide eight hours of safety training to your employees, and this training must be in line with your Training Plan.  I can provide Tailgate Talks that comply with your Training Plan, and I will track your employee's training time so that you will know how they are doing on compliance.  Once your employees reach the magic eight-hour time, I will provide you with the required documentation to prove they are trained.


Talk to me and see if you need my services, and don’t worry, I will not steer you wrong; for even though I want your business, I only want it in an ethical way, for I answer to a Higher Authority.

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