Over the years, I’ve answered countless questions about whether or not MSHA accepts online training. While the answer is pretty straightforward, things tend to get very confusing because of the widely varying opinions among those in the industry about how to properly track and document online training used for MSHA compliance.
So, does MSHA accept online training? Yes, MSHA accepts online training as a training method for Part 46 surface miner training. MSHA also accepts certain online courses for Part 48 underground training from approved providers as long as the training is delivered or moderated by an MSHA-approved Part 48 trainer.
Online training can be a very cost-effective method of providing training to your team. But there are a lot of factors that can complicate the effectiveness of the training. And you wouldn’t want to go through all the expense of the training and have your team spend hours on their individual, self-paced courses, only to find out later that your documentation is missing or inaccurate. So, here are 5 key tips to get online training done the right way and stay compliant.
1 – Know What Online/Computer-Based Training Is
First, let’s make sure we’re all on the same page about what “online training” is. There are a range of terms used for training that:
- takes place online or via a computer,
- includes interactive elements,
- with some form of knowledge assessment (quiz or test),
- within a system that tracks and documents user scores and course progress.
Terms that are generally used to mean about the same thing include:
- Computer-Based Training (CBT)
- Online Training
- eLearning
Now, the learning theory purists among you may object to my lumping of all these terms together. However, for practical purposes, people generally use these terms interchangeably.
And while MSHA specifically refers to “computer-based training or other interactive training technologies” in its Program Policy Manual – Vol III, the term “eLearning” is more commonly used these days to mean the same thing.
The software system that delivers and tracks this type of training is commonly called a learning management system, or “LMS.” Individual eLearning courses accessed via an LMS can vary in duration from a few minutes to over an hour. Even when a set of training courses is provided online, there is typically an LMS behind the scenes tracking all the usage data.
2 – Review MSHA’s Policy on Computer-Based Training for Part 46 Surface Miners
Regardless of what you may hear from an inspector or others in the field, MSHA very clearly states that computer-based training is an acceptable teaching method for Part 46 surface miner training. Since MSHA regulates Part 48 underground miner training much more strictly, we’ll cover their views on that a bit later in this article.
In CFR 30 – Part 46.3 Training Plans (b)(3), MSHA states that “A training plan is considered approved by us if it contains, at a minimum, the following information:”
- (1) The name of the production-operator or independent contractor, mine name(s), and MSHA mine identification number(s) or independent contractor identification number(s);
- (2) The name and position of the person designated by you who is responsible for the health and safety training at the mine…
- (3) A general description of the teaching methods and the course materials…
- (4) A list of the persons and/or organizations who will provide the training…
- (5) The evaluation procedures used to determine the effectiveness of training.
- (I’ve shortened the five items above for the purpose of this article. Please be sure to reference Part 46 and its associated Program Policy Manual for the full official text.)
In a selection of Training Program templates, MSHA also provides example teaching methods that include:
- Lecture
- Discussion
- Audiovisual
- Computer
- Demonstration
- Site Tour
And finally, in its Program Policy Manual, Vol. III, MSHA states that it “considers computer based or other interactive training technologies to be training “methods,” to be used by a competent person effectively and appropriately. This would not necessarily require that the competent person be in the room at all times; however, the competent person must be available to evaluate the trainee’s progress, and answer questions as they arise.”
The competent person may be “available” in another room at a training facility or even by phone if the miner is taking the training remotely.
So yes, MSHA does accept online training. But be sure to continue reading to understand the differences between Part 46 surface miner and Part 48 underground online training requirements.
TIP! – If you’re a mining contractor who’s completely new to all these MSHA training requirements, the FIRST question you need to ask is, “Do I need Part 46 or Part 48 training?” It’s ALWAYS wise to speak directly with the mine where you plan to perform work. They will know for sure which regulations apply to them.
Another easy way to tell is based on the commodity that the mine produces. If a mine produces ANY of the following (regardless of its surface or underground operations), it’s a Part 48 mine:
- Coal
- Metal (or metallic minerals)
- Gemstones
If it’s surface stone, sand, or gravel, you’ll just need Part 46.
3 – Understand the Limitations of Online Training for Part 48 Underground Miners
Yes, MSHA accepts some online for Part 48. But there are some very specific requirements. I’ll explain.
As a reminder, Part 46 of Title 30 of the Code of Federal Regulations (CFR) defines requirement for the training and retraining of surface miners. Title 30 CFR – Parts 48 A and B define training for underground miners and miners working at surface areas of underground mines respectively. While there is some overlap of training topics, MSHA’s regulations for Part 48 are overall much more strict. That includes the requirements for who is qualified to conduct miner training.
One of the primary differences between Part 46 and Part 48 is that MSHA requires Part 48 trainers to be “approved” by them. This is a critically important difference. Part 46 surface miner training may be conducted by a “competent person” deemed competent in training subjects by the mine operator. Part 48 underground training must be given by “instructors who have been approved by MSHA to instruct in the courses which are given…”
It was for this reason that until just a few years ago, MSHA did not allow Part 48 training to be delivered online at all. But in recent years, MSHA started accepting more flexible use of “interactive training technologies” for Part 48 training.
4 – Know How Part 48 Online Training Works BEFORE YOU BUY
Since Part 48.5 (a) states that “training shall be conducted in conditions which as closely as practicable duplicate actual underground conditions, and approximately 8 hours of training shall be given at the minesite,” such training is commonly done in-person either at the mine or at an approved training facility.
But a few companies have gotten MSHA’s approval to offer Part 48 new miner training online. Based on a long history of in-person training, how is this possible? Here are two scenarios that MSHA appears to have approved for Part 48 new miner training:
- Live Online Course – This training is offered like a live scheduled webinar or live-feed video with the MSHA-approved instructor giving instruction in real-time.
- Recorded Online Course with Live Moderator – This training method involves playing a previously recorded course by an MSHA-approved instructor with an MSHA-approved instructor available for the duration of the course to answer questions.
TIP! – Be sure to research any company offering Part 48 underground new miner training online. Here are some things to do before you pay a dime for any courses:
- Ask for the name and credentials of the MSHA-approved Part 48 instructor.
- Be sure they offer compliant MSHA documentation.
- Be sure their Training Plan is approved by MSHA.
- Call to see if they can explain the regulations.
- Check customer reviews.
- And as always, compare pricing and quality of competitors.
TIP! – Remember that if you’re required to take Part 48 underground training, you don’t need to take Part 46 surface miner training as well. Part 46 training requirements are met by your Part 48 training.
5 – START and END With The Right Documentation
No matter how you get your training done, MSHA requires that you have two critical pieces of documentation at the front and back ends of any complaint training program.
- BEFORE Training – The TRAINING PLAN – This is a written plan that contains effective programs for training miners.
- AFTER Training – The RECORD/CERTIFICATE of Training – This can be either an MSHA Form 5000-23 or other compliant document for Part 46 training. For Part 48, the Form 5000-23 must be used.
TIP! – MSHA provides templates for both types of documents. Using these templates is one of the easiest ways to provide information in the format that MSHA prefers.
TIP! – While MSHA allows for these documents to be retained electronically, inspectors will likely ask to see hard copies. So, it’s wise to keep printed physical copies of all documentation.
Related Questions
How Do I Get MSHA Training?
Keep in mind that MSHA training is intended to be provided by your employer (either the mine operator or the mining contractor company). So as a miner, you’d normally be hired first, then get MSHA training prior to beginning work at the mine. MSHA also requires that you be paid by your employer during your training.
I’ve been contacted by a few unemployed people over the years telling me that their union representative said they need to “go get their MSHA certification” before they can apply for a job at a mine. That’s simply not how it works.
Once hired, your employer should manage how you receive your training. It could be done on-site by the safety manager, by an external instructor at a training facility, or online with the mine’s competent person available for questions.
How Many Hours is MSHA Training?
MSHA has different minimum training time requirement for Part 46 surface mining and Part 48 underground. Here’s basically how MSHA sets minimum training time requirements:
- Part 46 Surface New Miner Training – Minimum of 24 hours of training with no less than 4 of those hours completed before beginning work at the mine.
- Part 46 Surface Annual Refresher Training – Minimum of 8 hours completed no later than 12 months after beginning work at the mine (or since last Annual Refresher).
- Part 48 Underground New Miner Training – Minimum of 40 hours of training with no less than 8 of those hours completed before beginning work at the mine.
- Part 48 Underground Annual Refresher Training – Minimum of 8 hours.
How Much Does MSHA Training Cost?
MSHA training should be at no cost to the miner or mining contractor being trained. In fact, MSHA requires that trainees are paid during training.
However, for the mine operator or contractor company, MSHA training costs can vary greatly depending upon the method of training used. Here are some estimates of new miner training costs per person by training type:
Online Training ($149 – $300) – Depending upon the providers, costs can be $149 to $300 per person for 8 to 24 hours of training online (plus trainee hourly rate). This allows the most flexibility for timing and training pace for trainees.
In-Person On-Site ($400 – $600) – This method can moderate costs by making use of mine employees as the competent persons conducting the training. At $400 to $600 per person, the cost of everyone’s time (instructor and trainees) will be the primary focus with this approach. However, costs may go up significantly if an outside training is contracted to come on-site.
In-Person Off-Site ($1,000+) – This can be the most expensive approach considering training facility fees, accommodations, meals, and trainee hourly rates plus travel times. Costs can be over $1,000 per person.
To more closely estimate your costs, you’ll have to weigh out which method will work for your team. Then determine the resources and costs for your area. Ultimately, you’ll need to balance timing, flexibility, and training quality with your budget.