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Section: 46.9b2
Date: 04/29/2011
District: SC
Negligence: Low
Injury or Illness: No Likelihood
Injury or illness could be expected to be: No Lost Workdays
Significant and Substantial: No

Condition or Practice: The records for the most recent annual refresher training completed on xx/xx/2011 did not indicate the type (Part 46) or time duration (8 hours) on the 5000-23 form. This is a records violation and has no gravity.

Action to Terminate: The required information was added to the training form.

Why this concerns you: First, this citation has no relation to the safety or health of any miner. Second, the appropriate MSHA Form 5000-23 was used (Taken from the MSHA Website - completely filled out). A Company addendum form was also completed (accompanied the training certificates) identifying the type of training (as identified under the Part 46 written program), actual training topics, competent persons performing the training and actual time of the training (broken out per topic and totaling over 8 hours), but the inspector decided to issue a citation anyway because "Part 46" and "8 Hours" were not printed on the 5000-23 form.

Abatement Suggestions From Industry

Fight it. 46.9 states that you must record on an MSHA 5000-23 OR (emphasis OR) a form that has the other information. If you record it on a 5000-23, and the 5000-23 doesn't have a box for something, that's MSHA's problem. The law requires you use the 5000-23 OR a form LIKE the 5000-23, with all the information in the rest of the statute.
- posted on 04/29/2011

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