§ 825. — Mandatory health and safety training.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC825]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 825. Mandatory health and safety training
(a) Approved program; regulations
Each operator of a coal or other mine shall have a health and safety
training program which shall be approved by the Secretary. The Secretary
shall promulgate regulations with respect to such health and safety
training programs not more than 180 days after the effective date of the
Federal Mine Safety and Health Amendments Act of 1977. Each training
program approved by the Secretary shall provide as a minimum that--
(1) new miners having no underground mining experience shall
receive no less than 40 hours of training if they are to work
underground. Such training shall include instruction in the
statutory rights of miners and their representatives under this
chapter, use of the self-rescue device and use of respiratory
devices, hazard recognition, escapeways, walk around training,
emergency procedures, basic ventilation, basic roof control,
electrical hazards, first aid, and the health and safety aspects of
the task to which he will be assigned;
(2) new miners having no surface mining experience shall receive
no less than 24 hours of training if they are to work on the
surface. Such training shall include instruction in the statutory
rights of miners and their representatives under this chapter, use
of the self-rescue device where appropriate and use of respiratory
devices where appropriate, hazard recognition, emergency procedures,
electrical hazards, first aid, walk around training and the health
and safety aspects of the task to which he will be assigned;
(3) all miners shall receive no less than eight hours of
refresher training no less frequently than once each 12 months,
except that miners already employed on the effective date of the
Federal Mine Safety and Health Amendments Act of 1977 shall receive
this refresher training no more than 90 days after the date of
approval of the training plan required by this section;
(4) any miner who is reassigned to a new task in which he has
had no previous work experience shall receive training in accordance
with a training plan approved by the Secretary under this subsection
in the safety and health aspects specific to that task prior to
performing that task;
(5) any training required by paragraphs (1), (2) or (4) shall
include a period of training as closely related as is practicable to
the work in which the miner is to be engaged.
(b) Training compensation
Any health and safety training provided under subsection (a) of this
section shall be provided during normal working hours. Miners shall be
paid at their normal rate of compensation while they take such training,
and new miners shall be paid at their starting wage rate when they take
the new miner training. If such training shall be given at a location
other than the normal place of work, miners shall also be compensated
for the additional costs they may incur in attending such training
sessions.
(c) Certificate
Upon completion of each training program, each operator shall
certify, on a form approved by the Secretary, that the miner has
received the specified training in each subject area of the approved
health and safety training plan. A certificate for each miner shall be
maintained by the operator, and shall be available for inspection at the
mine site, and a copy thereof shall be given to each miner at the
completion of such training. When a miner leaves the operator's employ,
he shall be entitled to a copy of his health and safety training
certificates. False certification by an operator that training was given
shall be punishable under section 820(a) and (f) of this title; and each
health and safety training certificate shall indicate on its face, in
bold letters, printed in a conspicuous manner the fact that such false
certification is so punishable.
(d) Standards
The Secretary shall promulgate appropriate standards for safety and
health training for coal or other mine construction workers.
(e) Proposed regulations
Within 180 days after the effective date of the Federal Mine Safety
and Health Amendments Act of 1977, the Secretary shall publish proposed
regulations which shall provide that mine rescue teams shall be
available for rescue and recovery work to each underground coal or other
mine in the event of an emergency. The costs of making advance
arrangements for such teams shall be borne by the operator of each such
mine.
(Pub. L. 91-173, title I, Sec. 115, as added Pub. L. 95-164, title II,
Sec. 201, Nov. 9, 1977, 91 Stat. 1315.)
References in Text
For the effective date of the Federal Mine Safety and Health
Amendments Act of 1977, referred to in subsecs. (a) and (e), see section
307 of Pub. L. 95-164, set out as an Effective Date of 1977 Amendment
note under section 801 of this title.
Effective Date
Section effective 120 days after Nov. 9, 1977, see section 307 of
Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
under section 801 of this title.
Section Referred to in Other Sections
This section is referred to in section 814 of this title.
